Offers to settle - by the rules

Jackson, Sheryl (2013) Offers to settle - by the rules. Proctor, 33(2), pp. 40-41.

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In Balnaves v Smith [2012] QSC 408 Byrne SJA concluded that an offer to settle could be an “offer to settle” under Chapter 9 Part 5 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) despite the inclusion of non-monetary terms. His Honour took a different approach to that taken by Moynihan SJA in Taske v Occupational & Medical Innovations Ltd [2007] QSC 147.

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ID Code: 61018
Item Type: Journal Article
Refereed: Yes
Keywords: defendant's offer to settle, inclusion of non-monetary terms , requirement for consent discontinuance, implications for costs orders
ISSN: 1321-8794
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2013. Please consult author.
Deposited On: 05 Jul 2013 01:34
Last Modified: 08 Jul 2013 01:22

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