This article was originally published in the Autumn 2019 edition of The Australian Corporate Lawyer, by ACC Australia.
The scope of the 'without prejudice' privilege is an issue that can cause consternation amongst the most experienced lawyers. The privilege has developed to enable litigants to explore settlement of their dispute without affecting their legal rights; it does not, however, extend to all statements or communications made in furtherance of a compromise in the litigation.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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