Can I record my ex when we are talking to each other?

In every state and territory of Australia it is unlawful to listen to, secretly record or publish private conversations.

However, the offences, exceptions and penalties in each jurisdiction are all different. Given the mobility of the modern family, this makes it challenging to navigate the system, especially if engaged in a family law dispute of some kind.

In Queensland at least, the short answer to the question is 'yes' – provided you are part of the conversation.

Uniquely in Queensland, telephone or video recordings made without the knowledge or consent of the other party to the conversation are routinely relied upon by separated couples as evidence in their family law matters.