VIC how to submit audio recording of another language into evidence

[Muxaul]

In order to tender an audio recording of a foreign language into evidence, what will be the steps to do so?

The challenge is if I personally transcribe the recording then give it to a translator to turn into English, the original transcript will not be accepted by the court to begin with. If I find a interpreter/translator that understands the recording, that person may not have the qualification to transcribe the recording into paper to begin with.

So can anyone share with me the proper way to do so? Thanks.

 

[Atticus]

You would need to have translator submit it as an expert witness...... BUT, that may be a waste of time & money depending...

How did this recording come into your possession?
Was the other party aware of it?
What application/ proceeding is it going to be used for?

Basically, It may be an illegal recording....Contrary to the evidence act, or not suitable for the application/proceeding for which you intend

 

[Muxaul]

You would need to have translator submit it as an expert witness...... BUT, that may be a waste of time & money depending...

How did this recording come into your possession?
Was the other party aware of it?
What application/ proceeding is it going to be used for?

Basically, It may be an illegal recording....Contrary to the evidence act, or not suitable for the application/proceeding for which you intend

in the recording, interactions were between me and op. I made recordings on my phone to protect myself in case of more false allegation or violence carried out against me and exposed child under. op was aware of some of the recordings but not all. I intend to use it on my parenting matter.

For example:
1. Op alleged in her affidavit that in one incidence, I screamed loudly, used abusive language on her, and caused her fearful. I denied her allegations in my response. I wish to present the recording to show that it was in fact her screaming loudly and using abusive and controlling language on me.

2. Op alleged in her lawyer letter that in another incident I acted out irrationally and my "dangerous pet" made child fearful and cry in the end. I denied that, and wish to use the recording to show that not only that I was acting peacefully the whole time, the child was actually crying to wanting to see my pet and calmed down after seeing the pet, and she was the one that behaving irrationally.

3. I alleged in my lawyer letter that OP in a 3rd incident was screaming loudly at me, being abusive and made multiple threats. Op denied in her lawyer letter and claimed that the conversation was polite and peaceful. I wish to present the audio recording to show that she lied again.

4. I alleged in affidavit that op said certain abusive words to me while child was witnessing. Op responded in her affidavit that she never said that, and that it was against her nature to use those words. Well there is another audio recording for this incident.

Overall, I wish to show the FCC that op is not a credible witness, and that op is in fact a perpetrator (not a victim as she claims to be) and that she exposes child under violence in on going basis.

 

[Atticus]

I see you are in Victoria?... So recordings with out consent are illegal.

Other problem may be how much it is worth as a translated transcript of a foreign language .... Emotion is obviously lost in a written transcript, & you also run the risk of it being seen as something you have engineered (the conversation that is )

There may be better ways to bring her credibility into question

 

[Muxaul]

I see you are in Victoria?... So recordings with out consent are illegal.

Other problem may be how much it is worth as a translated transcript of a foreign language .... Emotion is obviously lost in a written transcript, & you also run the risk of it being seen as something you have engineered (the conversation that is )

There may be better ways to bring her credibility into question

Since op and I both alleged and denied allegation in legal documents, That the allegation and denials are related to family law matter, wouldn’t that makes recordings now admissible ?

For example, op can allege that she was set up, but even go by her way, she Still can’t escape that she denied her rage and threats in legal documents but recoding show that she indeed Raged and made threats, isn’t it?

 

[Rod]

... So recordings with out consent are illegal.

Not true. In the circumstances described it is legal in Vic.

The question of admissibility is more interesting. The recording is admissible, however a judge may disallow it, or put no weight on it. Judges are used to one side being on their best behaviour then baiting the other side to get a response.

 

[Atticus]

In the circumstances described it is legal in Vic.

True.... I took some of those recordings as between the mother & child @Muxaul as long as you were a party to all of them then you clear the legality issue...

That said, I still think you need to consider how much of what you are wanting to achieve may be literally lost in translation or when merely words on paper... Not sure what it would cost to have a professional translator transcribe the whole conversation/s & act as an expert witness, & having spent that money, the actual probative value of that evidence & how much weight a judge would ultimately give it...

 

[Suzi]

Any recording that is made without the consent of all parties is a breach of the Telecommunications Act. Be careful about taking advice from this forum. If you have a recording that you wish to have admitted into evidence, I strongly recommend you speak to a solicitor who will be able to give you proper advice about the merits and possible disadvantages of doing so.

 

[Muxaul]

Any recording that is made without the consent of all parties is a breach of the Telecommunications Act. Be careful about taking advice from this forum. If you have a recording that you wish to have admitted into evidence, I strongly recommend you speak to a solicitor who will be able to give you proper advice about the merits and possible disadvantages of doing so.

Please check case law Byrne and Byrne in family matter. This may apply to my case. Happy to hear your comments on that case.

 

[Suzi]

I know the case and yes in certain circumstances a Court may permit recordings into evidence. Like I said, I recommend you get proper advice from a properly qualified solicitor.