Compare a judgment with an unaccepted offer of compromise
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the offer and the judgment the lawyer selects, set out the offer amount, who made it, the date it was served or made, and the judgment sum, beside the costs rule the lawyer names. The tool does not write the costs application.
- What the lawyer must review
- The lawyer decides whether the judgment is no less favourable, and whether another order is appropriate.
- Disregard interest after the day of service where the rule says to disregard it.
- Confirm the offer was open for the minimum period, and that the offeror was willing and able.
- Keep an offer that is still confidential out of a public AI tool.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its 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
- Use the sum in the judgment, not a schedule, and note which party made the offer.
- Where the claim is for death or bodily injury, read that rule before treating indemnity as running for the whole claim.
- Where the defendant made the offer, check whether the defendant's costs are indemnity or ordinary.
- Stop if the offer was inclusive of costs in a court whose rules forbid that.
Sources
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.08 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.03 · 2026-10-23
- Uniform Civil Procedure Rules 2005 (NSW) r 42.14 · 2026-10-23
- Uniform Civil Procedure Rules 2005 (NSW) r 42.15 · 2026-10-23
- Uniform Civil Procedure Rules 2005 (NSW) r 20.26 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) r 360 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) r 361 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) r 355 · 2026-10-23
- Uniform Civil Procedure Rules 1999 (Qld) r 353 · 2026-10-23
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.