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NSW Letter from Ex's Lawyer Marked "Without Prejudice" - Intention to Commit Crime?

Discussion in 'Family Law Forum' started by Black Rabbit, 14 July 2015.

  1. Black Rabbit

    Black Rabbit Active Member

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    This question relates to Rules of Evidence and not the underlying case.

    In a family law matter, I received a letter from my ex's lawyer marked "without prejudice" in which they demanded payment of a $100k bond or they would deny me access to the child in violation of existing consent orders. I wish to include this letter in my initiating application to the Family Court.

    Does such a letter have "without prejudice" protection given it:

    (A) is not proferred as part of a genuine negotiation to resolve a dispute?

    (B) clearly indicates an intention by the other party to commit a crime if I do not accede to their demand?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Black Rabbit,

    Yes that's right, simply writing without prejudice on the top of a letter will not protect it or make it confidential if it is not a valid and genuine negotiation with an intention to settle a dispute.
     
    Black Rabbit likes this.
  3. Black Rabbit

    Black Rabbit Active Member

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    Thanks Sophea
     

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