100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Julieanne Nolan: Can I record a conversation with my ex?

Do you have a news tip? Click here to send to our news team.

State govt commits to bold projects despite funding blow

The state government is pushing ahead with Sunshine Coast projects worth billions of dollars despite the federal government’s refusal to allocate more funds in More

Police clarify rules on in-car touchscreens as concerns grow

As vehicle touchscreens become increasingly bigger in modern cars, questions are being raised about how they fit within existing distracted driving laws. On the Sunshine More

Police investigate alleged burglary with violence

A man has been taken into custody after an alleged armed break-in at a home left a resident injured. It is alleged that 22-year-old man More

Ashley Robinson: what a ‘joke’ government is

As comedian Laurel said to Hardy back in the 1930s: “Well, here’s another nice mess you’ve gotten me into”. I mention this as I reflect More

Apartments hit by spate of basement car park break-ins

Police are investigating a string of break-ins targeting basement car parks at apartment complexes in the heart of the Sunshine Coast. Residents have been urged More

Massage therapist jailed after rape conviction

A Sunshine Coast massage therapist has been jailed after pleading guilty to rape and aggravated assault. Cameron Michael Petrie was sentenced at Maroochydore District Court More

It is become common, in family law proceedings, for parties to want to record their former partner in an attempt to use that recording as evidence in Court to support their version of events.

Section 43(2)(a) of the Invasion of Privacy Act 1971 (Qld) provides that, it is not an offence to record a private conversation without the other person’s knowledge, provided the person recording the conversation is a part of the conversation.

The recording may be a face-to-face conversation, telephone conversation or via any other electronic means and the other party to the conversation does not need to be informed or give their consent to the conversation being recorded.

This means you can record a telephone conversation you are having between yourself and your former partner, but it is an offence to record a conversation between your former partner and your children when you are not a part of that conversation.

Recording your former partner when they are unaware can lead to “staged” evidence which may deliberately paint them in an unfavourable position and may ultimately not be permitted to be used as evidence.

Accurate diary notes, to jog your memory, may be more helpful.

Speak to your solicitor before you decide to record your conversations.

Julieanne Nolan
Lawyer, Accredited Family Law Specialist,
Catton & Tondelstrand Lawyers.
Kon-Tiki Business Centre, Tower 1, Level 3
Suite 315, 55 Plaza Parade, Maroochydore
Ph 5609 4933, CTLawyers.com.au

 

 

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share