Family Law

This article, the first of two, asks the question: when, in family proceedings, does the without prejudice rule (or ‘privilege’) apply? When does the immunity from production of documents and information in later proceedings operate? And to what extent is this date important from a mediator’s point of view? The production/disclosure question has arisen in two recent reported cases in family finance proceedings. From what point in parties’ negotiations are they prevented from disclosing information or documents to the court? What are the rules at common law (arising mostly from commercial and employment law proceedings); and is the common law approach in family cases different from in other civil litigation? This article answers as many of these questions as it can; and it concludes by posing a mediation/case management question for review in a future article.

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The full version of this article appears in the March 2015 issue of Family Law.

Online subscribers can access the full version of the article here.

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