When is the deadline for minimum period for which a formal offer to settle must remain open?
The catalogue records a 14 days period from The day of service of the offer to settle. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 14 days
- Trigger
- The day of service of the offer to settle
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Withdrawal within the period requires the court's leave (r 355(1), (3)). But the time for ACCEPTING an offer is expressly non-extendable: r 355(6) provides that 'The court may not, despite another provision of these rules, extend the time for accepting an offer.' This is a rare express ouster of the r 7 extension power and must never be treated as extendable.
- Offers under ch 9 pt 5 carry the indemnity costs consequences in rr 360 and 361. The offer lapses at the end of the specified period (r 355(2)). Corrected on verification: the researched entry presented the 14 days as settled. It is not; see the verification note on the s 38(1)(a) clear-days argument. Source: Uniform Civil Procedure Rules 1999 (Qld) r 355 and Acts Interpretation Act 1954 (Qld) s 38(1), legislation.qld.gov.au current reprints.