calderbank offer

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Prejudice is a legal term with different meanings when used in criminal, civil or common law. Often the use of prejudice in legal context differs from the more common use of the word and thus has specific technical meanings implied by its use.
Two of the more common applications of the word are as part of the terms "with prejudice" and "without prejudice". In general, an action taken with prejudice is essentially final; in particular, "dismissal with prejudice" would forbid a party from refiling the case, and might occur either because of misconduct on the part of the party who filed the claim or criminal complaint or could be the result of an out of court agreement or settlement. Dismissal without prejudice (in Latin, "salvis iuribus") would leave the party an option to refile, and is often a response to procedural or technical problems with the filing that the party could correct when filing again.

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  1. P

    QLD Calderbank offer emailed - ?Proof of receipt required

    Fair Work certificate has been approved, and the 14 day clock before court application has been ticking. Calderbank offer emailed to the company rather than a formal offer due to the 14 day limit. Conciliation participants along with the company's directors were emailed but no response as yet...
  2. D

    VIC PSIO contested hearing and Calderbank Offer

    Hi all, Approx 2 years ago one of my neighbours took out a PSIO with me being the respondent. I later took out 2 PSIO'S (cross applications) on the same neighbour and his partner. The contested hearing for all 3 PSIO's at Magistrates court is coming up shortly (it was previously adjourned) and...
  3. M

    VIC Calderbank Offer - No Reply

    Hi, I've been trying to find the answer to this question but unable to find anything besides a clear rejection on a Calderbank offer. We are trying to get out of a contract and have sent a Calderbank offer, offering some of the deposit but not all, and provided a date for a response. Their side...
  4. W

    VIC Can Calderbank Offer be Enforced?

    An offer based on Calderbank was received today. The respondent husband has not disclosed full financials yet (after repeated requests from my solicitor to do so). The offers of property settlement and child access are totally unreasonable. Can Calderbank be enforced when I don't have enough...
  5. kimbapuppy

    Any recourse to claim compensation for ex prolonging legal battle around children's custody

    I have spent ~$80k in legal fees to date to get more access to my 2 lovely daughter and there has not been any favourable tangible outcomes and I have decided to represent myself for now. Context: - Separated in December 2015 - January 2016, initiated mediation process in relation to children's...