When is the deadline for offer to settle - last date for full r 49.10 costs consequences?
The catalogue records a 7 days period from Commencement of the hearing of the proceeding. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- Commencement of the hearing of the proceeding
- 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.
- Each of rr 49.10(1) and 49.10(2) ends with 'unless the court orders otherwise', which preserves a broad residual discretion over the costs consequence. r 3.02(1) does not usefully extend this because the deadline is defined by reference to the hearing.
- Backward, seven days, holidays NOT counted, so an offer intended to attract r 49.10 consequences for a Monday trial must generally be served around ten to eleven calendar days earlier. Rule 49 was amended by O Reg 50/25; the former r 49.02(2) is revoked. Do not compute the costs consequence itself - only the service cut-off.