Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2010 (NO 1) (NO 24 OF 2010) - REG 9

in division 2.17.5, insert

1814     Costs—Calderbank offer to settle

    (1)     This rule applies if a party entitled to costs serves on the party liable to pay the costs—

        (a)     a bill of costs; and

        (b)     not before the bill of costs is served—a written offer to settle the costs.

    (2)     The offer to settle costs must state that, if the offer is not accepted and the amount of the bill of costs allowed by the registrar for costs up to the date of the offer is equal to, or more than, the amount of the offer, the party entitled to the costs may apply to the court for an order that the costs of the assessment be assessed on a basis other than a party and party basis.

    (3)     A party must not disclose to the registrar the amount of an offer to settle until the registrar has assessed all items in the bill of costs, and decided all issues, other than the costs of the assessment.

    (4)     If the amount of the bill of costs allowed by the registrar for costs up to the date of the offer is equal to, or more than, the amount of the offer, the party entitled to costs may apply to the court for an order in relation to the costs of the assessment.

Note 1     The court may order that costs be assessed on a basis other than a party and party basis (see r 1752 (1) (b)).

Note 2     The registrar may exercise the jurisdiction of the court under r 1752 (1) (b) (see r 6250 (2) (a) and r 6251 (2) (a), and sch 5, pt 5.1 and pt 5.4)