Check a notice of offer to compromise against the rules
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the notice, record the offeror, the offeree, the date of service, the terms, whether the notice limits the time it is open, and whether it says it is not without prejudice. Flag a time limit shorter than 14 days. Record that rule 25.01 requires a notice in accordance with Form 45 and says the notice must not be filed. Do not compare the offer with a judgment and do not state a costs result.
- What the lawyer must review
- The lawyer checks the notice against Form 45, decides whether to make, accept or withdraw it, and, after judgment, decides whether rule 25.14 applies. Rule 25.05 says an offer may be made at any time before judgment, a party may make more than one offer, a time limit must not be less than 14 days after the offer is made, and unless the notice provides otherwise the offer is taken to have been made without prejudice. The lawyer does not treat this notice as a letter of demand.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the notice, record the offeror, the offeree, the date of service, the terms, whether the notice limits the time it is open, and whether it says it is not without prejudice. Flag a time limit shorter than 14 days. Record that rule 25.01 requires a notice in accordance with Form 45 and says the notice must not be filed. Do not compare the offer with a judgment and do not state a costs result. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the notice has not been filed. Rule 25.01(2) says it must not be filed.
- Confirm any time limit is at least 14 days after the offer is made.
- Confirm the without-prejudice position is taken from the notice and rule 25.05(4), not assumed.
- Confirm no costs result is stated before judgment, and that Form 45 is still for the lawyer to read.
Sources
- Federal Court Rules 2011 (Cth) r 25.01 · 2026-10-22
- Federal Court Rules 2011 (Cth) r 25.05 · 2026-10-22
- Federal Court Rules 2011 (Cth) r 25.14 · 2026-10-22
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.