Draft a letter of demand, Calderbank offer or statutory offer
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft a letter of demand, without-prejudice letter, Calderbank or statutory offer from the approved issues table, listing figures to source. Statutory offers follow the rules (FCR 2011 Pt 25; UCPR NSW r 20.26; Vic Pt 26).
- What the lawyer must review
- Get written settlement authority
- Check comparable figures are real, and check the parties, capacity and without-prejudice label
- Check form and service; a wrongly made offer carries no costs consequences
- Confirm settlement binds everyone, including companies in administration
- Written for / version
- Australia versionAU
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes organising research leads and preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.