A without prejudice privilege does not apply to cloak improper conduct.
Boris Pogoriller
Commercial and banking & finance litigation, corporate insolvency, regulatory disputes, building disputes and ADR
In Bethune v Strategic Lawyers Pty Ltd [2021] FedCFamC2G 6?Judge Tonkin has ordered discovery of internal communications within a legal practice relating to a threat made against former employee solicitor in a purported offer of compromise headed "without prejudice". The threat did not attract privilege.
https://classic.austlii.edu.au/au/cases/cth/FedCFamC2G/2021/6.html
#LPP #Privilege #EvidenceAct1995(Cth)