Map the indemnity-costs risk from a settlement offer
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the offers on the file, list each offer, its date, whether it was made before the proceedings were determined, whether it was an offer to make amends, and whether it was accepted. Do not describe an offer as reasonable or a failure to accept it as unreasonable.
- What the lawyer must review
- The lawyer decides whether a failure to make or accept a settlement offer was unreasonable, and what costs order to seek. The lawyer applies the interests-of-justice qualification in section 40(2).
- 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 offers on the file, list each offer, its date, whether it was made before the proceedings were determined, whether it was an offer to make amends, and whether it was accepted. Do not describe an offer as reasonable or a failure to accept it as unreasonable. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Include offers to make amends in the chronology. Section 40 says a settlement offer includes one, if it was reasonable when made.
- Record the outcome: plaintiff successful, or proceedings unsuccessful, because subsection (2)(a) and (2)(b) point at different failures.
- Do not omit the interests-of-justice qualification. Indemnity costs are required unless that qualification applies.
Sources
- Defamation Act 2005 (NSW) s 40, costs · 2026-10-22
- Defamation Act 2005 (NSW) s 15, content of an offer to make amends · 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.