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.

Keto comeback: Palmer promises another yellow avalanche

Australians can expect an influx of yellow junk mail as billionaire mining magnate Clive Palmer plans another tilt for parliament, saying dieting has reinvigorated More

Jane Stephens: passing the buck is an art form

How much do we really know about who is responsible for what when we need help with a service? Not much. What is the right More

Work starts on new town centre, including major supermarkets

Construction has officially started on a new town centre that will feature two prominent grocery stores and a range of services. Stockland has commenced work More

Free water service on tap at community events

Thirsty locals and visitors have filled the equivalent of 70,000 reusable water bottles with fresh, healthy drinking water over the last 12 months thanks More

Panic buying pushing fuel prices higher, servo owner says

A Sunshine Coast fuel station owner says panic buying – not a national shortage – is largely behind recent price spikes and local supply More

Concerns sign could ‘dominate’ town’s streetscape

A community group has expressed its concerns about a large sign that could be installed beside the main street of a Sunshine Coast town. The 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