Hi there. The first issue is whether the act of recording a conversation contravenes security laws. In Victoria, it is an offence to record a private conversation that you are not involved in, unless you have the express or implied consent of all people in the conversation. A private conversation is one where you could reasonably assume the parties involved do not want to be overheard, and they can reasonably expect that they will not be overheard. Recording a conversation unlawfully can result in significant consequences. On the other hand, if you are a party to the conversation, the act of recording will generally be lawful.

The next question is whether this type of evidence can be used in family law proceedings. A court will have discretion as to whether to allow this type of evidence to be used in the court proceedings. This will be decided by weighing the value of the evidence as proof, against the danger of the evidence being unfair, misleading or confusing. In making a decision, the court will consider the nature of the case and any illegal or improper methods used in obtaining the recording. The value of the evidence must be very high, otherwise the recording will be rejected and could damage your perceived trustworthiness in court.

A court will decide whether to allow an audio recording as evidence on a case-by-case basis, so it is difficult to say whether your particular recordings can be used as evidence.

Suggested way forward

Gathering appropriate evidence for family court proceedings can be difficult. You should consider speaking to a family lawyer who can advise you of your legal options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.