The ‘without prejudice’ privilege – a recent cautionary tale

article litigation authinkingelsewherethe without prejudice privilege a recent cautionary tale


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.

Please click on the DOWNLOAD button above to read Bronwyn’s article in full.  


This article was originally published in the Autumn 2019 edition of The Australian Corporate Lawyer.

Published by ACC Australia, The Australian Corporate Lawyer magazine is the go-to publication for in-depth articles and analysis which are timely and directly relevant to the in-house legal profession. For further information, please visit the ACC Australia website here: https://acla.acc.com/


The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.


Related Content

Key Contact

Bronwyn Lincoln

Partner. Melbourne
+61 3 9672 3368

Profile