Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p35
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 35/154)
Character Range: 299177–301665

notice provides otherwise, an offer is taken to have been made without prejudice.

25.06  No communication to Court of offer
 (1) A pleading or affidavit must not contain a statement that an offer has been made.
 (2) No communication about the existence or terms of an offer is to be made to the Court until:
 (a) the offer is accepted; or
 (b) judgment is given; or
 (c) an application is made under rule 25.07, 25.09 or 25.10.
 (3) However, subrule (2) applies only if the offer is made without prejudice.

25.07  Withdrawal of offer
  An offer may be withdrawn within 14 days after it is made only if:
 (a) the Court, on an application by the offeror, gives leave; or
 (b) the offer is superseded by an offer in more favourable terms to the offeree.

25.08  Acceptance of offer
 (1) An offer is open to be accepted within the time stated in the notice, which must not be less than 14 days after the offer has been made.
 (2) If no time for acceptance is stated in the notice, an offeree may accept the offer at any time before judgment is given.
 (3) An offeree may accept the offer by serving a notice of acceptance, in accordance with Form 46 on the offeror, at any time while the offer is open.

25.09  Withdrawal of acceptance
 (1) An offeree who has accepted an offer for a sum of money may withdraw the acceptance if:
 (a) the sum of money is not paid within 28 days after acceptance of the offer or within the time provided by the offer; and
 (b) the Court, on the application of the party who accepted the offer, gives leave.
 (2) An offeree seeking the leave of the Court under paragraph (1)(b) may also seek orders:
 (a) to restore the parties as nearly as may be to each party's position in the proceeding at the time of acceptance; and
 (b) as to the further conduct of the proceeding.

25.10  Failure to comply with offer
  If, after acceptance of an offer by an offeree, an offeror fails to comply with the offer's terms, the offeree may apply to the Court for an order:
 (a) giving effect to the accepted offer; or
 (b) staying or dismissing the proceeding if the applicant is in default; or
 (c) striking out the respondent's defence if the respondent is in default; or
 (d) that a cross‑claim, not the subject of the offer, proceed.

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