Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p36
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 36/154)
Character Range: 301431–304028

25.11  Multiple respondents
 (1) Rule 25.10 does not apply if:
 (a) 2 or more respondents are alleged to be jointly, or jointly and severally, liable to the applicant for a debt or damages; and
 (b) rights of contribution or indemnity appear to exist between the respondents.
 (2) However, rule 25.10 applies if:
 (a) for an offer made by the applicant—the offer:
 (i) is made to all respondents; and
 (ii) is an offer to compromise the claim against all of them; or
 (b) for an offer made to the applicant:
 (i) the offer is to compromise the claim against all respondents; and
 (ii) if the offer is made by 2 or more respondents—those respondents offer to be jointly, or jointly and severally, liable to the applicant for the whole amount of the offer.

25.12  Taxation of costs where offer accepted
  If an offer does not include the offeree's costs of the proceeding and the offeree accepts the offer, the offeree may tax costs on a party and party basis against the offeror up to and including 14 days after the offer was made.
Note 1: Costs as between party and party is defined in the Dictionary.
Note 2: For taxation of costs, see Division 40.2.

25.13  Contributor parties
 (1) If 2 or more parties (the contributor parties) may be held liable to contribute towards an amount of debt or damages that may be recovered from the contributor parties, any of those contributor parties may, without prejudice to that contributor party's defence, make an offer to another contributor party, to contribute, to a specified extent, to the amount of the debt or damages.
 (2) If an offer is made by a contributor party (the first contributor party) and not accepted by another contributor party, and the first contributor party obtains a judgment against the other contributor party more favourable than the terms of the offer, the first contributor party is entitled to an order that the contributor party who did not accept the offer pay the costs incurred by the first contributor party:
 (a) before 11.00 am on the second business day after the offer was served—on a party and party basis; and
 (b) after the time mentioned in paragraph (a)—on an indemnity basis.

25.14  Costs where offer not accepted
 (1) If an offer is made by a respondent and not accepted by an applicant, and the applicant obtains a judgment that is less favourable than the terms of the offer:
 (a) the applicant is not entitled to any costs after 11.00 am on the second business day after the offer was served; and
 (b) the respondent is entitled to an order that the applicant pay the respondent's costs after that time