Check a Calderbank letter against the Hazeldene factors in a Victorian proceeding
MaintainedLast reviewed
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 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.
- Use the six factors to guide that discretion. They are not a rule of court.
- Check a formal offer under rules 26.03 and 26.08, not under these factors.
- Do not apply County Court offer rules. They were not opened.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A Victorian proceeding in which a Calderbank letter is used on costs, contrasted with Order 26 of the Supreme Court rules
Produce. A factor-by-factor note on the letter.
Have ready. The letter; How long it was open; Whether it is a formal offer of compromise.
Example of the limit. Illustrative example: The letter was open for two days and does not say indemnity costs will be sought. The note marks the time and the sixth factor. The lawyer decides whether rejection was unreasonable.
Stop and hand it back when
- The letter is a formal offer of compromise.
- The proceeding is in the County Court and the County Court offer rule has not been read.
Sources for this task were checked on 2026-10-23.
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 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
- The article describes a letter marked without prejudice except as to costs. It may be inclusive of costs and open for a short time. There is no prescribed form.
- The six matters, drawn from Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298 at [25], are the stage of the proceeding, the time allowed, the extent of the compromise, the prospects at the date of the offer, the clarity of the terms, and whether indemnity costs were foreshadowed.
- A formal offer under rule 26.03 must be open for at least 14 days and cannot be withdrawn while open unless the Court otherwise orders.
- Rule 26.08, including indemnity for the whole claim in a death or bodily-injury case, does not apply to a Calderbank letter of its own force.
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
- 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
- Supreme Court of Victoria, Practice Note SC GEN 25 · 2026-10-23
Practice Note SC GEN 25, issued on 14 May 2026, covers Supreme Court documents, including pleadings, submissions and expert reports. Do not put confidential or sensitive material into a public AI tool.
The judgment in Hazeldene was not opened. The six factors are the Law Society Journal article's account of that decision, published on 4 October 2022. The County Court Order 26 was not opened.