The specific mediation confidentiality provision in s 24A of the Supreme Court Act 1986 (Vic) prevails over the general costs exception to without prejudice privilege in s 131(2)(h) of the Evidence Act 2008 (Vic), so that communications at court-ordered mediations cannot be disclosed in costs arguments without written agreement of all parties. In family provision appeals, an executor who brings an appeal on both reasonable legal grounds and unreasonable factual grounds may have their costs reimbursement from the estate reduced proportionately. Without prejudice settlement offers made before trial are not relevant to determining liability for costs of the appeal.
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