NSW Ex's New Boyfriend Took a Voice Recording - Legal?

[steven irwin]

Hi,

My ex secretly got her boyfriend to do a voice recording while I was on the phone with her on loud speaker. Next thing, cops are here, charging me. Is this legal?

 

[Iamthelaw]

More information would ideally be needed. But in short yes, such evidence can be used.

 

[steven irwin]

He recorded me on his phone transferrerd it onto her phone. It was a personal conversation.

 

[Tony Danos]

In Victoria it is legal to record conversations as long as you are a party to it. In your situation, it is debatable who the parties are and who is doing what for whom.

 

[steven irwin]

I'm in NSW

 

[sammy01]

No names, etc but what did you say? What have you been charged with? Do you have kids together?

Mate, you've been stiched up. That said - is there a history of you calling your ex and abusing her?

The cops are gonna have a starting premise which is that your ex felt the need to record the conversation - So if you were more than a little rude then the cops will use the recordings - so breach of privacy ain't likely to be a defence to get you off the hook... But like I said - depends on what you've been charged with and possibly dependant on previous history.

 

[steven irwin]

Use carriage service to menace/harass/offend. She will say I have no proof. I have not abused her, never committed any domestic violence between us.

I got a 2-year bond for using the carriage service to threating to kill her but she could not remember what I said so they did a deal, so ever since then, I have been giving her money. She has been standing over me.

I have 3 boys: 14, 9 and 7. She wants me gone so her boyfriend can boss my boys around, so the recording says I had a go at her boyfriend's heritage.

 

[steven irwin]

I have never hit her or nothing. Since I got out of court, she has been saying now that I call the shots. She has been asking me for money. I say no. She says 'well, I will make a call.' It's really hard, I'm only on a pension.

 

[steven irwin]

She was not why I got bond. It was nothing to do with her. It was my step sister.

 

[sammy01]

Ok - just checking - you threatened to kill her...Ok, so let's learn from that.

Do you have a parenting plan about when you see the kids? Maybe you ought to post in the family law section for help on family law?