---
title: "Offer of compromise in a personal injury proceeding (Order 26, Victoria)"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/vic-offer-of-compromise-personal-injury"
type: "precedent"
site: "AI Law Framework"
id: "a21-vic-offer-of-compromise-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 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…

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/vic-offer-of-compromise-personal-injury  
Law stated as at: 2026-10-23

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

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.

## 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: Victoria
- 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 12 authorities it cites, for Victoria.

## 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

- [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 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

## Authorities

- [Supreme Court (General Civil Procedure) Rules 2025 (Vic), S.R. No. 85/2025, version 003, in force from 1 January 2026](https://www.legislation.vic.gov.au/in-force/statutory-rules/supreme-court-general-civil-procedure-rules-2025/003)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic), authorised version 003: r 26.08(2)(a) indemnity costs where the claim is damages for or arising out of death or bodily injury](https://content.legislation.vic.gov.au/sites/default/files/2025-12/25-85sra003-authorised.pdf)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.02 (writing; rules 27.02 to 27.04; statement that the offer is served under the Order; inclusive of costs, or costs in addition)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s26.02.html)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.03 (before verdict or judgment; open period not less than 14 days; acceptance in writing; no withdrawal unless the court otherwise orders; counter-offer does not close it; costs in addition run to the day of service)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s26.03.html)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.03.1 (a specified sum is payable within 28 days after acceptance unless the offer otherwise provides)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s26.03.1.html)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.04 (without prejudice unless the offer otherwise provides)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s26.04.html)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.06 (a person under disability may offer or accept, but acceptance is not binding until the court approves)](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_reg/sccpr2025433/s26.06.html)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 26.08 (costs if the offer is not accepted, including r 26.08(2)(a) for death or bodily injury)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s26.08.html)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 27.02 (heading "In the Supreme Court of Victoria", proceeding number, and the parties)](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s27.02.html)
- [County Court Civil Procedure Rules 2018 (Vic), S.R. No. 170/2018, version 021, in force, authorised as at 13 July 2026](https://www.legislation.vic.gov.au/in-force/statutory-rules/county-court-civil-procedure-rules-2018/021)
- [County Court Civil Procedure Rules 2018 (Vic), authorised version 021: r 26.02(4) and r 26.08(2)(a) and (b) in the same terms as the Supreme Court rules](https://content.legislation.vic.gov.au/sites/default/files/2026-07/18-170sra021-authorised.pdf)
- [County Court Civil Procedure Rules 2018 (Vic) r 26.02](https://classic.austlii.edu.au/au/legis/vic/consol_reg/cccpr2018380/s26.02.html)

## 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/vic-offer-of-compromise-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.*