NSW Is Without Prejudice Admissible in Family Court?
- Thread starter Bucko
- Start date
Essentially No you can't. But its family court, where there appears to be no rules what so ever, and everything is based on "judges discretion". If you think it will help, put it in, its then upto the judge to deal with it.
Here is a copy of what the wording means;
The phrase ‘without prejudice’ is all too commonly used by lawyers and non-lawyers in commercial negotiations and court proceedings, but what does it mean?
In short, by using the phrase ‘without prejudice’ in connection with a verbal discussion or a piece of written communication, the speaker or writer is indicating that the discussion or document is not to be used against that person in any subsequent or current court proceedings.
The reason for prefacing documents or discussions with the phrase is so that the parties can have open and frank discussions or negotiations without being concerned that the correspondence will later be used against them. To put it another way, if in settlement negotiations, you make a concession to the other party (about, for example, the strength of your case) and then the dispute does not resolve, the other party cannot tell the court about the concession which you made. For that reason, the phrase is very useful.
There is another purpose for which the phrase is used – that is, where the words ‘save and except as to costs’ are added to it and it is marked on a document which contains an offer to settle court proceedings. In those circumstances, where:
Importantly, just because a document is marked ‘without prejudice’ or ‘without prejudice save and except as to costs’, does not mean that the document was properly prepared on that basis.
It is important that:
(a) where you are involved in a dispute, you understand the meaning and effect of the phrase ‘without prejudice’ and ‘without prejudice save and except as to costs’; and
(b) where you are attempting or engaging in settlement negotiations, you ensure that you indicate the negotiations are conducted on a ‘without prejudice’ or ‘without prejudice save and except as to costs’ basis.
Here is a copy of what the wording means;
The phrase ‘without prejudice’ is all too commonly used by lawyers and non-lawyers in commercial negotiations and court proceedings, but what does it mean?
In short, by using the phrase ‘without prejudice’ in connection with a verbal discussion or a piece of written communication, the speaker or writer is indicating that the discussion or document is not to be used against that person in any subsequent or current court proceedings.
The reason for prefacing documents or discussions with the phrase is so that the parties can have open and frank discussions or negotiations without being concerned that the correspondence will later be used against them. To put it another way, if in settlement negotiations, you make a concession to the other party (about, for example, the strength of your case) and then the dispute does not resolve, the other party cannot tell the court about the concession which you made. For that reason, the phrase is very useful.
There is another purpose for which the phrase is used – that is, where the words ‘save and except as to costs’ are added to it and it is marked on a document which contains an offer to settle court proceedings. In those circumstances, where:
- the offeror (the party who made the settlement offer and used the phrase in its offer) makes an offer which is subsequently rejected by the offeree; and
- the matter does not settle; and
- the court ultimately makes a decision which has better consequences to the offeror than the consequences that would have flowed had the offeree accepted the offeror’s offer,
Importantly, just because a document is marked ‘without prejudice’ or ‘without prejudice save and except as to costs’, does not mean that the document was properly prepared on that basis.
It is important that:
(a) where you are involved in a dispute, you understand the meaning and effect of the phrase ‘without prejudice’ and ‘without prejudice save and except as to costs’; and
(b) where you are attempting or engaging in settlement negotiations, you ensure that you indicate the negotiations are conducted on a ‘without prejudice’ or ‘without prejudice save and except as to costs’ basis.
Maybe. Depends on the content of the letter. Some lawyers incorrectly use the heading putting it on correspondence that shouldn't have it. If unsure you may be able to submit it to court but be prepared to have it thrown out, possibly with a minor rap on the knuckles by the judge.
The converse is also true, in that some correspondence not marked as 'without 'prejudice' can be refused admission as it is privileged information between the parties.
If the term is used correctly used, then what Migz posted is correct.
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