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Protected under the Evidence Act?

Protected under the Evidence Act?

By Jessica Andreacchio

Disclosure Dispute Resolution Evidence 


Lawyers should be mindful of what information is disclosed during, and outside of, settlement negotiations.
Section 131 of the Evidence Act 2008 (Vic) sets out the exclusion of evidence in relation to settlement negotiations. For relevant purposes, s131(1) and 131(2)(g) of the Act state as follows:
Evidence is not to be adduced of –
a. a communication that is made between persons in dispute, or between one or more persons in dispute and a third party, in connection with an attempt to negotiate a settlement of the dispute; or
b. a document (whether delivered or not) that has been prepared in connection with an attempt to negotiate a settlement of a dispute.
Subsection (1) does not apply if –
g. evidence that has been adduced in the proceeding, or an inference from evidence that has been adduced in the proceeding, is likely to mislead the court unless evidence of the communication or document is adduced to contradict or to qualify that evidence.

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