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Recorded Webinars

Recorded Interactive Webinar: Without Prejudice Gone Wrong: When Settlement Communications Come Back to Bite

“Without prejudice” is one of the most frequently used, and misunderstood, labels in legal practice. In the pressure of negotiations, lawyers often assume communications are protected, only to find them later deployed in court. This session examines how without prejudice privilege
PRESENTED BY David Bailey Barrister - Victorian Bar , Melbourne

Date/Time

About the Webinar

“Without prejudice” is one of the most frequently used, and misunderstood, labels in legal practice. In the pressure of negotiations, lawyers often assume communications are protected, only to find them later deployed in court. This session examines how without prejudice privilege operates in Australia, and where it is lost through poor structuring, drafting or conduct.

  • When without prejudice privilege arises, including the requirement for a genuine dispute and why labelling alone is not determinative
  • The limits of the privilege, including recognised exceptions such as misleading conduct, estoppel and unambiguous impropriety
  • The interaction between “without prejudice” and “without prejudice save as to costs”, and how Calderbank offers operate in practice
  • How privilege is waived, including through mixed communications, partial disclosure and careless email chains
  • Common drafting and structural mistakes that result in settlement communications being admitted as evidence
  • How courts assess without prejudice communications in disputes, and where practitioners have been caught out
  • Practical strategies for structuring negotiations and correspondence to preserve privilege and protect your client’s position

Presented By

David Bailey
Barrister, Victorian Bar Melbourne, Vic

David is a member of the Victorian Bar, and has been in legal practice for over 40 years. He has a strong interest in dispute resolution including arbitration and mediation. He was a founding member of the Australian Centre for International Commercial Arbitration board and served on it from 1985 to 2010; he was a fellow of ACICA and a fellow of the Resolution Institute and the first Chair of the International Law Section of the Law Council of Australia.  He regularly presents papers on civil litigation and dispute resolution for the Law Institute, Leo Cussen Institute, Legalwise and other bodies. He is the senior author of Civil Procedure Victoria and the author of Discovery and Interrogatories, Australia published by Lexis Nexis.

He practises primarily in commercial litigation concerning banker/customer disputes, distribution and franchising disputes, cross border trade and commercial disputes and international transactions. He was counsel for Castel Electronics Pty Ltd in the key cases concerning international commercial arbitration in the Federal Court of Australia, the Full Federal Court of Australia and the High Court, TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd [2014] FCA 1214 and TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia (2013) 295 ALR 596.

Who Should Attend?

This webinar is suitable for lawyers practising in commercial litigation – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

 

Lawyers can claim up to 1 CPD unit/point – Professional Skills. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

OPTIONAL ONLINE QUIZ

We will be adding an optional online quiz to the recording of this webinar to make it interactive in terms of the type of CPD that can be claimed. Upon completion of the quiz the successful registered user will receive a CPD certificate confirming completion and the CPD units/points/hours earned. The online quiz will be available with the recording – typically within 1 to 2 days of the live webinar being held.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Jason Hooker on (03) 8601 7709 or email: [email protected]

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