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ARTICLE · 11 DECEMBER 2018

Recording devices and family law: when can you record a conversation?

Cooper Grace Ward
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Article recommends that you seek legal advice before recording a conversation or exhibiting any recordings to affidavit material.

AustraliaPrivacy
Justine Woods
Justine Woods
Craig Turvey
Craig Turvey
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It is increasingly common for separated spouses to record conversations involving their former spouse. This is often done in the hope that the other party will make certain disclosures that will assist the recording party's family law matter.

However, it is only legal to record conversations in certain circumstances. Before recording conversations, you should first consider whether it is legal and second, whether there is likely to be any benefit to do so.

What is a listening device?

Any instrument, apparatus, equipment or device capable of being used to overhear, record, monitor or listen to a private conversation at the same time it takes place (section 4 of the Invasion of Privacy Act 1971 (Qld)).

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© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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