Without Prejudice Privilege in Australia
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By: Ronald J. Desiatnik
This text is a high level reference work that covers all aspects of the Without Prejudice Privilege as it applies in Australia. It covers the historical origins of the doctrine, its basis, definition and application, as well as exceptions to the doctrine and its relationship with the Evidence Act 1995. The text offers detailed analysis of the applicable case law and theory, and explains when and how the privilege can be claimed.
AI Overview
Book Overview: "Without Prejudice Privilege in Australia" by Ronald J. Desiatnik
Key Themes:
- Scope of the Privilege: The book delves into the scope of the without prejudice privilege, examining whether it applies only to admissions or the entire content of negotiations.
- Jurisprudential Basis: It explores the jurisprudential basis of the doctrine, discussing possible explanations for its existence, such as the public interest in frank discussions to settle disputes and the agreement of the parties.
- Public Policy Considerations: The book analyzes the public policy considerations surrounding the privilege, including the potential for abuse and the need for clear guidelines.
- Third-Party Involvement: It addresses issues that arise when third parties become involved in negotiations, which can complicate the application of the privilege.
Plot Summary: The book provides a comprehensive analysis of the without prejudice privilege in Australian law. It covers various aspects of the doctrine, including its historical development, current legal framework, and practical applications. The author, Ronald J. Desiatnik, examines the theoretical underpinnings of the privilege and its role in facilitating settlement negotiations without compromising the integrity of the legal process.
Critical Reception:
Book Reviews:
- QUT Law Review: The book was positively reviewed for its in-depth analysis, particularly in Chapter Four, which explores the jurisprudential basis of the doctrine. The reviewer noted that the chapter provides the most interesting content in terms of analysis, as opposed to description, of without prejudice privilege.
- LexisNexis Butterworths: The book was published in 2010 and received a book review in the QUT Law Review, highlighting its comprehensive coverage of the topic and its potential to serve as a valuable resource for legal professionals.
Publication Details:
- The book was initially published in 2010 by LexisNexis Butterworths Australia.
- A revised edition was published in 2022 by LexisNexis Australia.
Conclusion: "Without Prejudice Privilege in Australia" by Ronald J. Desiatnik is a detailed and analytical work that provides a thorough examination of the without prejudice privilege in Australian law. The book covers key themes such as the scope of the privilege, its jurisprudential basis, and the implications of third-party involvement. The critical reception suggests that the book is a valuable resource for legal professionals and scholars interested in this area of law.