I have worked in the Telecoms industry and we have had many debates regarding the recording of phone calls. It seems clear it is not illegal to tape your own calls under both Interception Acts of the Commonwealth.
It can indeed be contrary to law to do so.
Subject to many if, buts, and variables, it can even be an offence.
That is why I urge our friend Patrick to caution.
I do not know if recording calls breaks any other Commonwealth or State law.
That is why I call your advice above "dangerous".
Tim, reading the article you mentioned take a different view on recordings and looks at admissibility in court.
Well, yes.
After all, admissibility in court
is the thing at the heart of the original question.
From what I've read and heard, the court can make it's own mind up on admitting the recordings and so far is not strictly bound by case law. Family law cases are much more difficult to manage especially when kids are used to emotionally blackmail the other party. Criminal law has a different set of rules and I am not an expert on those
The Family Court has certain powers of its own relating the evidence, yes.
But you may be quite confident that the
Evidence Act 1995 (Cth) is available to, and used by, the Family Court where it sees fit to do so.
In particular, the discretion in section 138 is certainly available.
And that is why I pointed you to the story in SMH.
