Mandatory Final Offers and Settlement Formalities: Understanding Allen v Brother International

For Queensland personal injury lawyers, a recent Supreme Court decision provides important clarification on two separate issues affecting the mandatory final offer (MFO) process: what makes an MFO compliant with statutory requirements, and when settlements actually become binding.

In Allen v Brother International (Aust) Pty Ltd; WorkCover Queensland v Allen [2025] QSC 129, Sullivan J addressed these questions in the context of a disputed workers' compensation settlement. While the case involved an unusual "self-accepting" offer mechanism, the judgment contains significant obiter commentary on settlement formalities that practitioners need to understand.

The Facts

Glen Allen, represented by his litigation guardian, made a final written offer to settle his workers' compensation claim for $1.8 million. His offer included an unusual clause 3 which stated: