A threat to enforce legitimate legal rights (such as seeking payment of costs in full if a compromised amount is not accepted) does not constitute illegitimate pressure for the purposes of economic duress. Consent by a party to the filing of an amended pleading does not constitute an admission of the truth of the allegations in that pleading. The without prejudice privilege under s 131(1) of the Evidence Act 2008 (Vic) does not apply to proceedings to enforce a settlement agreement (s 131(2)(f)), but communications at a judicial resolution conference remain inadmissible under s 67 of the Civil Procedure Act 2010 (Vic).
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