Section 26 — Civil Liability Act 2002 (NSW)

Offer of structured settlement—legal costs

(1) Clause 5 of Schedule 1 to the Legal Profession Uniform Law Application Act 2014 extends to an offer of compromise by way of a structured settlement on a claim for personal injury damages.
(2) In that case, the court is to have regard to the cost to the defendant of the proposed structured settlement as compared to the lump sum payment of damages when determining whether a reasonable offer of compromise has been made.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 23 — Court required to inform parties of proposed award
s 24 — Court may make consent order for structured settlement
s 25 — Obligation of Australian legal practitioners to provide advice
s 26A — Definitions
s 26B — Application of Part
s 26BA — Protected defendant must be given notice of incident giving rise to claim

Research how courts apply s 26

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free