---
title: "Map the indemnity-costs risk from a settlement offer"
url: "https://ailawframework.com/practice/defamation-and-media-law/map-the-indemnity-costs-risk-from-a-settlement-offer"
type: "task"
site: "AI Law Framework"
id: "A33-PE20261022-6"
practice_area: "Defamation & Media Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Map the indemnity-costs risk from a settlement offer

> 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.…

Canonical page: https://ailawframework.com/practice/defamation-and-media-law/map-the-indemnity-costs-risk-from-a-settlement-offer  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Defamation & Media Law](https://ailawframework.com/practice/defamation-and-media-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / 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 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 does: 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).
- 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. Include offers to make amends in the chronology. Section 40 says a settlement offer includes one, if it was reasonable when made.
2. Record the outcome: plaintiff successful, or proceedings unsuccessful, because subsection (2)(a) and (2)(b) point at different failures.
3. Do not omit the interests-of-justice qualification. Indemnity costs are required unless that qualification applies.

## 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

- [Defamation Act 2005 (NSW) s 40, costs](https://classic.austlii.edu.au/au/legis/nsw/consol_act/da200599/s40.html) (checked 2026-10-22)
- [Defamation Act 2005 (NSW) s 15, content of an offer to make amends](https://classic.austlii.edu.au/au/legis/nsw/consol_act/da200599/s15.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/defamation-and-media-law/map-the-indemnity-costs-risk-from-a-settlement-offer/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.*