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.

New compliance scheme rolls out for e-bikes

Owners of some existing e-bikes have three months to get them inspected and labelled under a new compliance scheme if they want to continue More

Crime scene declared after sudden death

A police investigation is underway after a woman was found dead at a Sunshine Coast property on Thursday morning. Emergency services were called to Conifer More

Transport corridor set to claim forest land

Almost 75 hectares of state forest have been earmarked for removal, to make way for a transport corridor on the Sunshine Coast. The state government More

Jane Stephens: in the race of our lives

In a few days, my mother would have celebrated her birthday and, this year, it is bittersweet. While birthdays are the celebration of life, after More

Rider deaths prompt renewed road safety warning

Motorcycle deaths on the Sunshine Coast are tracking 33 per cent above the five-year average, prompting renewed calls for drivers to pay greater attention More

Ashley Robinson: beware, outraged hypocrites ahead

Last week, I wrote about people booing racehorses, which I found quite bizarre – only to run across another weird thing this week. There has 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