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

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Who does what

Who does what
RoleWhat they do
AssistancePotential support includes organising research leads and preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
  2. Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
  3. Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
  4. Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
  5. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  6. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  7. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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