Compare a New South Wales judgment with an offer under rules 42.14 and 42.15
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the offer, the day it was made, whether that day was before the trial, and the judgment, beside rules 42.14 and 42.15. 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 the court should otherwise order.
- Check that the offer is not inclusive of costs, subject to the exceptions in rule 20.26(3).
- If the offer was made two months or more before the trial, the closing date is at least 28 days.
- Give no effect to a notice that purports to exclude rule 42.14 or rule 42.15.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales proceeding in which an offer of compromise was made under rule 20.26
Produce. A comparison of the judgment with the offer, marked to rules 42.14 and 42.15.
Have ready. The offer and the day it was made; Whether the trial had started; The judgment sum.
Example of the limit. Illustrative example: The plaintiff's offer was made the day the trial started and the judgment is no less favourable. The note marks 11 am on the next day. The lawyer decides whether to ask the court to order otherwise.
Stop and hand it back when
- The offer is inclusive of costs and none of the rule 20.26(3) exceptions applies.
- The offer is a Calderbank letter.
Sources for this task were checked on 2026-10-23.
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
- Rule 42.14 applies if the plaintiff's offer is not accepted and the plaintiff obtains an order or judgment on the claim no less favourable than the terms of the offer. Unless the court orders otherwise, costs are on the ordinary basis up to the indemnity time. If the offer was made before the first day of the trial, indemnity runs from the beginning of the day following the day the offer was made.
- If that plaintiff's offer was made on or after the first day of the trial, indemnity runs from 11 am on the day following the day the offer was made.
- Rule 42.15 applies if the defendant's offer is not accepted and the plaintiff obtains an order or judgment on the claim no more favourable than the terms of the offer. Unless the court orders otherwise, the plaintiff's costs up to the indemnity time are on the ordinary basis, and the defendant's indemnity costs start at the same times as in rule 42.14.
- Rule 20.26: the offer must state that it is made under the rules, must not be inclusive of costs except as subrule (3) allows, and cannot be withdrawn during the acceptance period unless the court orders otherwise.
Sources
- 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
- Supreme Court of NSW, Practice Note SC GEN 23 · 2026-10-23
Supreme Court Practice Note SC GEN 23, commenced on 3 February 2025, prohibits generative AI from generating evidentiary content, and requires prior leave before it is used to draft an expert report.
The indemnity period is measured from the day the offer was made, not from a day of service. Do not treat a bodily-injury claim as indemnity for the whole claim under these rules.