What happens if someone tapes a conversation with their ex without their knowledge?
Although it is usually illegal to record someone without their knowledge, in some circumstances such a recording may be still used in evidence.
In a recent case, the court was asked to determine whether recordings made by a woman could be admitted as evidence. This was a case where the man denied that he had a de facto relationship with the woman. The woman had recorded private conversation that she had with the man where they discussed the nature of their relationship. The woman conceded that the man did not have knowledge that he was being recorded. The Judge found that it was necessary for her to record her conversation to protect her ‘legitimate interests’ and let the evidence be used by her during the court case.
The courts have generally frowned upon the recording of expartners and in many cases, even though the evidence is accepted by the court, it may ultimately be more detrimental to the party who recorded it.
We recommend that if you are involved in a family law dispute you should contact one of our family law solicitors on (02) 4222 2666 to obtain competent legal advice.