When is the deadline for latest time to serve a formal offer to settle?
The catalogue records a 10 days period from The date an application for summary judgment is scheduled to be heard, the date a trial is scheduled to start, or the date an application is scheduled to be heard or considered. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 days
- Trigger
- The date an application for summary judgment is scheduled to be heard, the date a trial is scheduled to start, or the date an application is scheduled to be heard or considered
- 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.
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- None as to the window itself. The Court may order in special circumstances that the double costs rule not apply (r 4-31(3)(e)).
- "10 days or more before" is treated here as equivalent to "not less than", engaging the clear-days computation in Legislation Act s 2-28(4). An offer made later than this window is not a valid formal offer and cannot attract the double costs consequences in r 4-31 (see r 4-31(3)(b), (c)).