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.

Coast investment pipeline set to surge beyond $3.5b a year

The Sunshine Coast’s investment pipeline is projected to rise to $3.53 billion annually up to 2030, with transport, master-planned communities and tourism projects leading More

New bulk-billing urgent care clinic opens on Coast

A new seven-day bulk-billing urgent care clinic has opened on the Sunshine Coast, offering walk-in treatment for non-life-threatening injuries and illnesses. The Buderim Medicare Urgent More

Refreshed mural set to emerge from scaffolding

A revitalised mural on a highly visible Unitywater asset is almost ready to be revealed. Brisbane-based large-scale mural artists the Brightsiders had the challenge of working More

Photo of the day: stormy sunset

The sun setting over Bulcock Beach after a storm, by photographer Tom Regener. If you have a photo of the day offering, email photo@sunshinecoastnews.com.au. Photos More

Green light for $150m hotel on iconic street

A new hotel with 180 guest rooms could be operating by 2028 after Sunshine Coast Council gave the green light for the project. The construction More

CBD site with development approval sells for $17m

A site with existing development approval on a Coast town’s main street has sold for $17 million. The 6183sqm site at 139 Bulcock Street and 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