Most people would assume the answer to that question is a firm
no (and usually they would be right), but a recent NSW Supreme
Court decision in Rathswohl v Court [2020] NSWSC 14901
shows that in particular circumstances a recording can be relied
on.
The Facts
The facts of the matter in question were fairly straightforward.
Three children disputed their respective entitlements to their late
father's estate. Prior to their father passing away, Daughter A
claimed that she was heavily involved in caring for him, which was
disputed by Daughter B and Son C. In these types of matters, the
care and support provided by children is a big factor that the
Court must take into consideration, so this was an important issue
that may have affected the outcome.
