"WITHOUT PREJUDICE" - Are your communications protected?
C J Redman Constructions Pty Ltd v Tarnap Pty Ltd
Correspondence between the parties to a dispute or between their solicitors is often headed "Without Prejudice", meaning that it is intended to be privileged from production to the Court in determining the dispute. The recent decision of C J Redman Constructions Pty Ltd v Tarnap Pty Ltd highlights the fact that there is no magic in the words "Without Prejudice" alone, with the effect that your communications may not be privileged at all.
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