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.

Vehicle bursts into flames on highway

A utility caught fire on the Bruce Highway in peak-hour traffic, causing delays for motorists. The incident, involving a Ford Ranger, occurred on the northbound More

Residents raise alarm over machinery dealership near koala habitat

A machinery dealership is under fire from residents who say it is putting a sensitive environmental area and koala habitat at risk, while council More

Revamped intersection to form gateway to new community

A busy intersection is about to be upgraded to improve traffic flow and prepare for the future growth of an area. The T-junction of David More

Man dies after mower incident

A man has died after an incident involving a mower on the Sunshine Coast. Police will prepare a report for the coroner following the non-suspicious More

Massage therapist charged with more alleged sex offences

A man has been charged with additional sex offences following an appeal launched last month by detectives from the Sunshine Coast Criminal Investigation Branch. A More

Ashley Robinson: the deaf leading the deaf

I have openly said, over many years, that if I was going to lose a sense, I know which one it would be. I 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