---
title: "Compare a Queensland judgment with an offer under rules 360 and 361"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-judgment-with-an-unaccepted-offer-of-compromise/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-LT20261023-7-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Compare a Queensland judgment with an offer under rules 360 and 361

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-judgment-with-an-unaccepted-offer-of-compromise/queensland  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Queensland |
| Applies to | [Compare a judgment with an unaccepted offer of compromise](https://ailawframework.com/practice/personal-injury-and-compensation/compare-a-judgment-with-an-unaccepted-offer-of-compromise.md) |

## Checking plan

**Verify against sources**

The lawyer applies the Queensland offer rules. The tool lines up the order and the day of service.

- What the AI does: 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 does: Decide whether rules 360 or 361 apply and whether another order is appropriate.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Rule 353: the offer is in writing and states that it is made under that part.
2. 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.
3. 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.
4. 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.
5. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: A Queensland proceeding in which a formal offer was served under chapter 9 part 5

**Deliverable**: A comparison of the order with the offer, marked to rules 360 and 361.

**Inputs**

- The offer and the day of service
- The order obtained
- Whether the offeror was willing and able

**Example**: 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 escalate when**

- The document is a Calderbank letter and does not state that it is made under the part.
- The day of service is unknown.

Checked 2026-10-23.

## Sources

- [Uniform Civil Procedure Rules 1999 (Qld) r 360](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s360.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld) r 361](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s361.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld) r 355](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s355.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld) r 353](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s353.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*