Having a crisis in the family isn’t easy to handle.
While going through the entire trauma, you might have thought of recording a video or audio that depicts a certain matter.
Mostly, the client will show the audio recording (with the good meanings) and on the basis that whether the recording shows of refutes claims made by the other party of the family law dispute OR that the footage has admission being prepared by the other side germane to the family law argument. This will also decide whether the recordings have any discussion between a child (children) and parents that emphasize deprived deeds on behalf of the parent conversing to the child (or children).
When such recordings are presented to the Family Lawyers Melbourne CBD, following four key considerations are acknowledged:
Has the recording been tempered or made illegally and is the client as a result exposed to any charges with a serious offence?
Even if the recording was genuine, is it still pertinent to the family law quarrel? And of such value in verifying or disproving claims made in the family law dispute, the Court hearing would be eager to permit the footage into evidence in spite of it being unlawfully attained?
If the evidence is so important that it shall be added into proof in a family law dispute notwithstanding potentially being illegitimately or inappropriately made, what safety can be put to reduce any revelation of the patron to being convicted of or charged with, or a felony connected to creating the recording?
If the client has been recorded, should the recording be disqualified from proof in the family law argument for any cause, including:
The recording is unlawfully / inappropriately made;
The footage does not help to elucidate any matters in dispute;
The surroundings were man-oeuvres by the recording side so that the recorded side is publicized in a harmful light; and/or
The recording is allowed into proof would create an inequitable drawback (or iniquitous injustice beside) the person that has been recorded.
Your Personal Injury Lawyers Melbourne must familiarize you with the above information.
However, the law may differ in different locations, States or Territories in Australia. It will be found out whether the recording is legal or illegal in different State or Territory to testimony conversations – whether:
Whether the consent was required to record a chat lawfully
The party which is recording the entire conversation is a part of the conversation
Whether the recording party provides any legal excuse to record any private conversation without having the consent of the other party
What possible penalties will be applied if a person has breached Territory or State law and illegally recorded the discussion?
The State and Territory wise laws are as followed:
Australian Capital Territory: Listening Devices Act 1992;
Victoria: Surveillance Devices Act 1999.
New South Wales: Surveillance Devices Act 2007;
Tasmania: Listening Devices Act 1991;
South Australia: Surveillance Devices Act 2016;
Western Australia: Surveillance Devices Act 1998;
Northern Territory: Surveillance Devices Act 1997;
Queensland: Invasion of Privacy Act 1971;
For precise information, hire the leading Family Law Lawyers Melbourne.
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