AI Law Framework

Notice · Personal Injury & Compensation

Offer to settle a personal injury proceeding (UCPR rr 353, 355, 357 and 360, Queensland)

Plaintiff offer to settle a Queensland personal injury proceeding under UCPR r 353. If the plaintiff beats it, r 360 gives standard costs to the day of service and indemnity costs after that day, unless another order is appropriate.

Kind
Notice. A formal notice to serve or publish.
Where it applies
Queensland
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
23 October 2026
Status
Maintained. Checked on 23 October 2026 against the 11 authorities it cites, for Queensland.
Version
1
Source
Written for this library

When to use it

Use when a Queensland proceeding is on foot and the plaintiff will serve a written offer under the UCPR part that contains rule 353. It is not the Personal Injuries Proceedings Act 2002 mandatory final offer. The client approves the terms in writing before service. The offer is not filed.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may assemble the offer from the client's written instructions, and the lawyer fixes every term and confirms that the offer is served and is not filed.

AI may

  • Fill the parties, court and proceeding number from the file
  • Place the client-approved amount and conditions into the offer and keep the statement that it is made under the part
  • Count the open period from the day of service and flag a period shorter than 14 days
  • Mark the draft "do not file" and keep it out of the pleading and affidavit bundle

AI must not

  • Must not choose or change the amount or any condition
  • Must not file the offer
  • Must not put a statement that an offer has been made into a pleading or an affidavit
  • Must not describe this offer as a mandatory final offer under the Personal Injuries Proceedings Act 2002
  • Must not tell the court about the offer at the trial until liability and the relief other than costs have been decided

The lawyer checks

  • The client approved the terms in writing, and the plaintiff will be willing and able to carry them out (r 360(1)(c))
  • The offer is in writing and states that it is made under this part (r 353(3))
  • The open period ends not less than 14 days after the day of service, and the court cannot extend the time for acceptance (r 355(1) and (6))
  • The offer is served and is not filed (r 357(2))
  • The costs consequence under r 360 is standard costs up to and including the day of service and indemnity costs after that day, unless the defendant shows another order is appropriate. It is not an order for all costs on the indemnity basis
  • This is not the pre-court compulsory conference or the mandatory final offer under ss 36 and 39 of the Personal Injuries Proceedings Act 2002. The costs rules for those final offers were not checked
  • If a party is a child or under a legal incapacity, the sanction rule is checked before the offer is served or accepted. The sanction rule number was not opened for this starting point
  • Rule 365, which qualifies r 357(1), was not read. The approved form for a notice of acceptance under r 358(5) was not opened
  • The offer does not claim to cover the Magistrates Court

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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