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.

Police appeal for information after alleged assault

Police are appealing for public assistance following an alleged late-night assault on the Sunshine Coast. It is alleged that a group of eight males approached More

‘On holidays’: flatmate’s claim after mum went missing

The daughter of a missing woman discovered her mother's valuables had been taken by a housemate later accused of her murder, a jury has More

Dozens of weapons seized in region under Jack’s Law

Police have seized multiple weapons after scanning thousands of people on the Sunshine Coast in the first year since Jack's Law was made permanent More

Police investigate serious highway crash

Police are investigating a serious crash involving three Sunshine Coast men on the Bruce Highway. Initial enquiries indicate that just before 6.40am, a red Mitsubishi More

Police appeal for help to locate girl

Police are appealing for public assistance to locate a 14-year-old girl, missing from Palmview since Sunday, July 19. The girl is described as Caucasian, about More

Contract awarded for harbour entrance improvements

A contract has been awarded to progress long-term safety and accessibility at a challenging waterway. The state government has appointed engineering consultancy BMT to undertake 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