Check a Calderbank letter against the factors for an indemnity costs application
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the letter, list the offer, how long it was open, whether it is inclusive of costs, and whether it is marked without prejudice except as to costs and foreshadows an indemnity application. The tool does not decide whether rejection was unreasonable.
- What the lawyer must review
- The lawyer decides whether rejection was unreasonable, and whether to rely on the letter.
- Check a formal offer of compromise against the rules, not against these factors.
- The lawyer settles the letter before it is sent.
- Keep the letter out of a public AI tool while it is confidential.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the letter, list the offer, how long it was open, whether it is inclusive of costs, and whether it is marked without prejudice except as to costs and foreshadows an indemnity application. The tool does not decide whether rejection was unreasonable. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Find the marking without prejudice except as to costs, and the statement that indemnity costs will be sought.
- Record how long the letter was open, and whether the time was long enough to consider it.
- Do not treat a letter that is inclusive of costs as a formal offer of compromise.
- If the letter is a formal offer, stop and check it against the offer rules instead.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Reply to a Calderbank offer in a personal injury claim | Letter | AI use Yellow | A reply to a Calderbank offer in a Victorian, Queensland or New South Wales personal injury claim. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Law Society Journal, settlement offers and indemnity costs (4 October 2022) · 2026-10-23
- Uniform Civil Procedure Rules 2005 (NSW) r 20.26 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.03 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.08 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) rr 353 and 355 · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.