---
title: "Offer to settle a personal injury proceeding (UCPR rr 353, 355, 357 and 360, Queensland)"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/qld-offer-to-settle-personal-injury"
type: "precedent"
site: "AI Law Framework"
id: "a21-qld-offer-to-settle-personal-injury"
area_id: "A21"
kind: "notice"
ai_level: "yellow"
version: 1
task_ids: ["A21-T1-R10", "A21-T1-R13", "A5-LA20261022-9"]
law_stated_as_at: "2026-10-23"
---

# 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.…

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/qld-offer-to-settle-personal-injury  
Law stated as at: 2026-10-23

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

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.

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: Queensland
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 11 authorities it cites, for Queensland.

## 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

- [Draft a settlement advice and conference paper](https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-settlement-advice-and-conference-paper.md)
- [Draft correspondence to the insurer or scheme agent](https://ailawframework.com/practice/personal-injury-and-compensation/draft-correspondence-to-the-insurer-or-scheme-agent.md)
- [Check a notice of offer to compromise against the rules](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-a-notice-of-offer-to-compromise-against-the-rules.md)

## 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

## Authorities

- [Uniform Civil Procedure Rules 1999 (Qld) r 353 (written offer; statement that it is made under this part; more than one offer may be served)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s353.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 354 (before verdict in a jury trial started by claim; otherwise before final relief)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s354.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 355 (open period ending not less than 14 days after the day of service; no withdrawal without leave; the court may not extend the time for acceptance)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s355.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 356 (an offer under this part is taken to be without prejudice)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s356.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 357 (no statement of the offer in a pleading or affidavit, subject to r 365; the offer must not be filed; no communication to the court until liability and relief other than costs are decided)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s357.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 358 (acceptance by written notice; a counteroffer does not lapse the offer; filing an approved-form notice of acceptance of an offer to pay assessed costs)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s358.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 360 (plaintiff's offer: standard costs up to and including the day of service, and indemnity costs after that day, unless the defendant shows another order is appropriate)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s360.html)
- [Uniform Civil Procedure Rules 1999 (Qld) r 361 (defendant's offer: the costs split, including the different split if the offer is served on the first or a later day of the trial)](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s361.html)
- [Personal Injuries Proceedings Act 2002 (Qld) s 36 (compulsory conference before a proceeding is started)](https://www5.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s36.html)
- [Personal Injuries Proceedings Act 2002 (Qld) s 39 (written final offers if the claim is not settled at the compulsory conference)](https://www5.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s39.html)
- [Uniform Civil Procedure Rules 1999 (Qld), in-force compilation. The official page was opened on 23 October 2026 and stated that the rules are in force. The operative sections above were read on AustLII because that extract did not contain them](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/sl-1999-0111)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/qld-offer-to-settle-personal-injury and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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