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"Without Prejudice" communications are principally made to facilitate a settlement (since the policy of the law prefers compromise to litigation) and are typically made in response to a letter of demand. The idea behind these communications is to permit parties to make appropriate concessions, that are not admissible as evidence, if it promotes a compromise of the dispute. 

The privilege comes about in two ways: (1) under the general law, and (2) under the evidence act. The question of privilege can be important since a subpoena may call for the production of documents that may attract the privilege. As such, depending upon the case, it may be possible to resist production of documents called for if the documents can be categorized as "without prejudice" communications. 

More commonly our clients first come to see us once they have received a letter of demand (or without prejudice offer) so they can be informed of their rights and then take the appropriate next steps. We are experienced in resolving disputes at this early stage and it often assists to source legal advice early on and at this point. 

If you have received a letter of demand or a without prejudice offer regarding a dispute then contact us to make a booking to discuss your case. 


We are sydney litigation lawyers. We help with: making or responding to a letter of demand (or a without prejudice offer), making offers of compromise, negotiating a Deed of Settlement, getting or opposing an injunction or taking a matter to trial. We handle different cases such as breach of contract, remove a caveatproperty disputes and others. Call us on T: +61 2 9199 4530 to discuss your options.

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