New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 20.30

20.30 Disclosure of offer to court or arbitrator

(cf SCR Part 22, rule 7; DCR Part 19A, rule 7; LCR Part 17A, rule 9)

(1) No statement of the fact that an offer has been made may be contained in any pleading or affidavit.

(2) If an offer is not accepted, no communication with respect to the offer may be made to the court at the trial or, as the case may require, to the arbitrator.

(3) Despite subrule (2), an offer may be disclosed to the court or, as the case may require, to the arbitrator--

(a) if a notice of offer provides that the offer is not made without prejudice, or

(b) to the extent necessary to enable the offer to be taken into account for the purpose of determining an amount of interest up to judgment, or

(c) after all questions of liability and relief have been determined, to the extent necessary to determine questions as to costs, or

(d) to the extent necessary to enable the offer to be taken into account for the purposes of section 73(4) of the Motor Accidents Act 1988 , section 137(4) of the Motor Accidents Compensation Act 1999 or section 151M of the Workers Compensation Act 1987 .