Without Prejudice Privilege in Australia, 3rd edition

This third edition of Without Prejudice Privilege in Australia provides a comprehensive and authoritative examination of one of the most important doctrines underpinning the settlement of disputes. Drawing on decades of scholarship and an extensive body of Australian case law, Ronald Desiatnik explains the legal principles governing without prejudice privilege, from its underlying rationale and essential elements to its practical operation in litigation and dispute resolution. The text demonstrates how courts determine whether communications are protected, emphasising that substance prevails over form and that genuine attempts to resolve disputes attract protection regardless of the labels applied to them.

Thoroughly updated and expanded, this edition explores the scope of the privilege, its application in complex and multi-party disputes, the principles governing waiver, and the circumstances in which protection may be lost or displaced. Detailed analysis of statutory provisions, recognised exceptions, and leading judicial authorities equips practitioners, judges, academics, mediators, and students with clear guidance on navigating difficult evidentiary questions. Previous editions of Without Prejudice Privilege in Australia have been cited and relied upon in superior court decisions, reflecting the work's standing as a trusted authority in this area of law. Combining rigorous legal analysis with practical insight, Without Prejudice Privilege in Australia remains the definitive Australian reference on the law protecting settlement negotiations and the public interest in encouraging the resolution of disputes.

Features

• Dedicated treatment of without prejudice privilege in Australia

• Explains the doctrine’s history, definition and underlying basis

• Separate chapters on qualifications, exceptions and waiver

• Dedicated chapter on the Evidence Act

Related Titles

• Desiatnik, Legal Professional Privilege in Australia, 4th edition

• G E Dal Pont, Law of Confidentiality, 2nd edition

• Dal Pont, Confidentiality in Litigation: Undertakings, Privilege and Open Justice

• Zuckerman et al, Zuckerman on Australian Civil Procedure, 2nd edition