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Use of 'without predudice' letters

Does anyone have information on whether a letter written without predudice (written by an accountant) can be used as evidence in a COA objection.
http://www.claytonutz....p?aolstring=5&na=1270

I found the above article by Mary Still and Timothy Webb from Clayton Utz. It's very thorough and lists some tidy case law to help you.

The article said
The use of the words "without prejudice" is neither necessary nor sufficient to attract the privilege

Many people, including solicitors, believe that the use of the words "without prejudice" will make a communication privileged. Justice Wells vividly described this view in Davies v Nyland (1975) 10 SASR 76 at 89:

    "in some quarters of the community there is a belief, amounting almost to a superstitious obsession, that the expression "without prejudice" is possessed of virtually magical qualities, and that anything done or said under its supposed aegis is everlastingly hidden from the prying eyes of a Court."

Of course, this belief is incorrect. Whether communications are covered by the privilege depends not on whether the words "without prejudice" have been used, but upon the parties' intentions which are to be ascertained from the nature of the communications. While the words are a relevant factor in determining the relevant intention, it is the situation of settlement negotiation that is critical to the operation of the privilege.
So essentially, I think the answer is yes, it can be used. The accountant probably just doesn't want anything to do with CSA.

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