Section 11(2) of the Evidence Act 1995 (NSW) preserves the court's power to receive evidence of without prejudice settlement negotiations on the voir dire where that evidence may establish an abuse of process, notwithstanding s 131. Suing employees with reasonably arguable claims, even where the predominant hope is that a related entity will satisfy any judgment as a matter of commercial morality, does not necessarily constitute an abuse of process. The meaning of 'a power' in s 131(2)(k) remains unsettled, with a majority of the bench (Mason P and Santow JA) favouring the view that it includes the power to bring proceedings.
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