---
title: "Check a notice of offer to compromise against the rules"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-notice-of-offer-to-compromise-against-the-rules"
type: "task"
site: "AI Law Framework"
id: "A5-LA20261022-9"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a notice of offer to compromise against the rules

> 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.…

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-notice-of-offer-to-compromise-against-the-rules  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the notice has not been filed. Rule 25.01(2) says it must not be filed.
2. Confirm any time limit is at least 14 days after the offer is made.
3. Confirm the without-prejudice position is taken from the notice and rule 25.05(4), not assumed.
4. Confirm no costs result is stated before judgment, and that Form 45 is still for the lawyer to read.

## Notes

- 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.

## Sources

- [Federal Court Rules 2011 (Cth) r 25.01](https://classic.austlii.edu.au/au/legis/cth/consol_reg/fcr2011186/s25.01.html) (checked 2026-10-22)
- [Federal Court Rules 2011 (Cth) r 25.05](https://classic.austlii.edu.au/au/legis/cth/consol_reg/fcr2011186/s25.05.html) (checked 2026-10-22)
- [Federal Court Rules 2011 (Cth) r 25.14](https://classic.austlii.edu.au/au/legis/cth/consol_reg/fcr2011186/s25.14.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-notice-of-offer-to-compromise-against-the-rules/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*