Notice · Personal Injury & Compensation

Offer of compromise in a personal injury proceeding (Order 26, Victoria)

Plaintiff offer of compromise for a Victorian personal injury claim. If the plaintiff beats the offer, rule 26.08(2)(a) gives the plaintiff's costs of the claim taxed on an indemnity basis unless the court otherwise orders.

Kind: Notice. A formal notice to serve or publish.
Where it applies: Victoria
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 12 authorities it cites, for Victoria.
Version: 1
Source: Written for this library

When to use it

Use when the plaintiff serves an offer of compromise in a personal injury proceeding in the Supreme Court of Victoria. In the County Court, rules 26.02(4) and 26.08(2) match. Confirm the other Order 26 rules in the County Court text before serving there. The amount comes from the client's written instructions.

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 damages schedule, and the lawyer fixes the amount, the costs choice and the open period before it is served.

AI may

Fill the parties, proceeding number and the client-approved amount into the offer
Check the draft states that it is served under Order 26 and that it chooses either inclusive of costs or costs in addition
Count the open period from the expected date of service and flag a period shorter than 14 days
List refunds and statutory costs limits named in the settlement advice so the lawyer can see them beside the amount

AI must not

Must not choose or change the amount, the costs choice, the open period or any other term
Must not leave both costs alternatives in the offer that is served
Must not describe this offer as the New South Wales offer under UCPR r 20.26, which is a different document and forbids an inclusive-of-costs offer
Must not file the offer, or tell the court its terms, unless the lawyer directs that step

The lawyer checks

The client approved the amount and the costs choice in writing, and the plaintiff is willing and able to carry out the offer (r 26.08(7))
The offer is in writing, prepared in accordance with rules 27.02 to 27.04, and states that it is served in accordance with Order 26 (r 26.02(3))
The offer states either that it is inclusive of costs or that costs are to be paid or received in addition (r 26.02(4)), and the open period is at least 14 days after service (r 26.03(3))
If only liability is in dispute, the offer is a genuine compromise or r 26.08(2) does not apply (r 26.08(8))
Interest after the day of service is left out when the judgment is later compared with the offer (r 26.08(5) and (6))
If a party is a person under disability, acceptance does not bind until the court approves it (r 26.06)
In the County Court, rules 26.02(4) and 26.08(2) were confirmed on authorised version 021. The open period, disability, interest and genuine-compromise rules were read in the Supreme Court rules and must be confirmed in the County Court text
Rules on multiple defendants and contributor parties were not checked for this starting point
This offer is served. The rules opened for it do not require it to be filed. It does not 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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