Many litigants under-estimate the strategic advantage of making a settlement offer. An offer can prompt a chain of negotiation which results in a timely resolution of a dispute and saves both parties the trouble and expense of litigation.
On the other hand, if litigation is inevitable and a judicial determination necessary, a timely offer can secure a significant cost advantage to a litigant.
If your council is faced with expensive and protracted litigation, what will it do to try and protect its position?
For an example of an offer which secured a significant cost advantage to a council following judgment see Anderson & Anor v City of Stonnington & Anor (No 2)  VSC 575.
|Suzanne Tinkler | Special Counsel
61 3 9258 3652