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.

Miles apologises again over Coast property claim

A former state premier has been forced to apologise to parliament for a second time after being found guilty of contempt in a rare More

Sami Muirhead: horsing around in exotic places

The thing I love about travel is the fact that horrible memories get better over time. Often the worst memories turn into the funniest ones More

Vehicle identified after teenager struck

Police have released vision of a vehicle believed to be linked to a hit-and-run that left a Sunshine Coast teenager seriously injured, as investigators More

‘Overlooked’: region’s mega projects dealt major blow

Sunshine Coast MPs have expressed their dismay after the region's major projects were shunned in the federal budget, while the local council has vowed More

Ashley Robinson: at this rate, we’re doing okay

I’m certainly no economist, but luckily I married one who is nearly as tight as the boss of the Reserve Bank of Australia. When we More

Tax relief for workers and pain for investors in budget

Young people entering the housing market face such significant difficulties that the government needs to break a major election promise on controversial tax changes, 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