When is the deadline for costs consequences cut-off after service of an offer of compromise?
The catalogue records a 2 working-days period from Service of the offer of compromise. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 working-days
- Trigger
- Service of the offer of compromise
- Counting
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- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- Unless the Court otherwise orders (r 26.08(2)-(4)). r 26.08(7) requires the offeror to have been willing and able to perform.
- 'Business day' is defined by r 26.01 as a day on which the office of the Court is open as specified in r 3.08, so Saturdays, Sundays and general public holidays are excluded. The cut-off is a time of day (11.00 a.m.), not the end of the second business day. Corrected on verification: the entry previously cited the Supreme Court (General Civil Procedure) Rules 2015 (Vic), which was revoked on sunset on 10 September 2025. The provision is reproduced without relevant change in the Supreme Court (General Civil Procedure) Rules 2025 (Vic) S.R. No. 85/2025 (authorised version 003 as at 1 January 2026), and the citation has been restated to that instrument. Corrected on verification: r 26.08(4)(a) measures the cut-off from the day the offer was 'made', whereas r 26.08(2)(b) and (3)(a) measure it from the day the offer was 'served'; the single trigger recorded here is service and the r 26.08(4) case must be checked by a human. Note also that 'business day' in r 26.01 takes its content from r 3.08, which under the Supreme Court (General Civil Procedure) Rules 2025 no longer closes the office on the Tuesday following Easter, so that day is now a business day for this Rule.