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ARTICLE · 18 JUNE 2025

Without prejudice save as to costs

Unpacks what "without prejudice save as to costs" means, its practical application & how it functions under Australian law.

AustraliaLitigation, Mediation & Arbitration

Been through a legal disagreement lately?

You might've heard the phrase "without prejudice save as to costs" tossed around-and if it left you scratching your head, you're not alone.

It's a phrase that sounds complex, but once you understand it, it's actually a smart legal shortcut with real power behind it.

In plain terms, it means you can make a genuine offer to settle without that offer being used against you in court-except when it comes to deciding who should pay legal costs.

That one small exception makes a big difference.

It lets you negotiate freely, but still gives you the chance to show the court you were being reasonable if the other side plays hardball and you end up in a hearing.

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