Can Recorded Phone Calls Be Used in Evidence?

Can Recorded Phone Calls Be Used in Evidence?

Acquiring the right evidence is crucial in any Australian divorce case or settlement. However, knowing what kind of evidence the courts will consider isn’t always easy. In Australia, there has long been a debate around the use of recorded calls and videos as evidence for family or local court proceedings.

Everyone seems to have a different opinion about whether it is suitable to use these recordings in a court proceeding or not. Some people believe that phone recordings can be used in court as evidence even when they’re obtained without the knowledge of the other party. However, other people believe that this should not be the case.

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Understanding What to Enter into Proceedings

There are a lot of misunderstandings and misconceptions that can arise during video and call recordings. At the outset of the recording, you will be required to inform the other person that you are recording the call and seek their permission to do so for the recording to be legal. The permission of the other individual needs to be given explicitly, or implied. Implied permission is what happens when you inform someone that you’re recording a call, and they continue speaking to you anyway.

Whether it’s legal or illegal to record an incident or call will depend on a number of things. If the recording can prove a point, then it’s possible to ask a judge to have it entered as evidence. The recording can be permitted regardless of whether consent has been given by the other person if the Judge allows it. However, you will not be able to enter a recording into the court as evidence if you are not directly involved with it.

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What Can Actually Be Used as Evidence?

Calls and conversations in-person to your previous spouse and other people can be brought up in a family court matter and used as evidence. Additionally, video recordings, voice messages, and even social media posts can sometimes find their way into the court room.

When you’re thinking about whether to use recordings as evidence in court, it’s important to remember that this information may also be used against you. Additionally, the other party might attempt to issue a subpoena to have all your phone recordings revealed, which makes it a lot harder for you to control what the courts see or hear.

It’s best to be careful when it comes to recordings and use the golden rules as guidance:

  • Stay calm and respectful at all times
  • Don’t stoop to the behaviours of other people
  • Do not say or write anything just because you’re angry or upset
  • Do not do or say anything that can be used against you
  • Avoid doing or saying anything that could incriminate you

Additionally, make sure that you tell the truth at all times and “play fair” – even if your partner doesn’t take the same high road.

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