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.

Rare piece of Coast history for sale

A Buderim homestead believed to be the oldest residence on the Sunshine Coast still being lived in has hit the market, offering a rare More

Coast–led study sheds new light on exercise and ageing

New research led by University of the Sunshine Coast (UniSC) academics is examining how different exercise intensities affect body composition in older adults. The study More

‘Major growth’: local business at forefront of energy boom

A local solar business says the Sunshine Coast is riding the crest of Australia’s renewable energy boom, with growing demand from both homeowners and More

Photo of the day: early swimmers

Photographer Helen Browne captured the moment a friend of hers took an early morning dip at Mooloolaba Beach. The glass-like reflection in the sand More

Cyber expert murder investigation sees fourth man charged

A fourth person has been charged in connection with the disappearance and alleged murder of a cybersecurity expert last year. Brisbane father Andrew Burow vanished More

Man transported in potentially life-threatening condition after crash

A man in his 60s has been taken to hospital in a potentially life-threatening condition following a vehicle and motorcycle crash in Buderim. Police were 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