Compare a Queensland judgment with an offer under rules 360 and 361
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the offer, the day of service, who made it, and the order obtained, beside rules 360 and 361. The tool does not write the costs application.
- What the lawyer must review
- The lawyer decides whether another order for costs is appropriate.
- Start indemnity under rule 360 after the day of service, not for the whole claim.
- Check that the offer was open for at least 14 days and that the offeror was willing and able.
- Do not treat the time for accepting an offer as extendable. The court cannot extend it.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A Queensland proceeding in which a formal offer was served under chapter 9 part 5
Produce. A comparison of the order with the offer, marked to rules 360 and 361.
Have ready. The offer and the day of service; The order obtained; Whether the offeror was willing and able.
Example of the limit. Illustrative example: The plaintiff's offer was served on 1 March and the order is no less favourable. The note marks standard costs through 1 March and indemnity after that day. The lawyer decides whether the defendant has shown another order.
Stop and hand it back when
- The document is a Calderbank letter and does not state that it is made under the part.
- The day of service is unknown.
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 353: the offer is in writing and states that it is made under that part.
- Rule 355: the open period ends not less than 14 days after the day of service. It cannot be withdrawn in that period without leave. The court cannot extend the time for acceptance.
- Rule 360: if the plaintiff obtains an order no less favourable than the offer and was willing and able to carry it out, standard costs run up to and including the day of service, and indemnity costs run after that day, unless the defendant shows another order is appropriate.
- Rule 361: if the plaintiff obtains an order less favourable than the defendant's offer, and the defendant was willing and able to carry it out, the defendant pays standard costs up to and including the day of service, the plaintiff pays the defendant's indemnity costs after that day, and the plaintiff gets no costs after that day, unless a party shows another order is appropriate.
- If the defendant's offer is served on the first day or a later day of the trial, standard costs run to the opening of the court on the next day, and indemnity runs after that opening, unless the court otherwise orders.
Sources
- 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
Supreme Court Practice Direction 5 of 2025 and District Court Practice Direction 12 of 2025 require a named practitioner to verify references in submissions. They are not a ban on generative AI in evidence.
Rules 360 and 361 do not give indemnity for the whole claim. The change is the day of service.