VIC how to submit audio recording of another language into evidence

[Muxaul]

Not sure what it would cost to have a professional translator transcribe the whole conversation/s & act as an expert witness

I wasn't aware that a professional translator /transcriber will need to present as witness expert.

Usually they'd have a disclaimer in their work stating "to the best of my knowledge and ability, this is a true and accurate translation into English of the attached document" or similar. Will that be enough? What would they need to say as expert witness in court?

 

[Suzi]

An expert witness will need to provide a details of their qualifications and experience. Use a NAATI translator.

 

[Muxaul]

An expert witness will need to provide a details of their qualifications and experience. Use a NAATI translator.

Would NATTI accredited translator putting the disclaimer in the document be enough? or does the translator have to appear in court?

Alternatively, can court book an interpreter at hearing, the interpreter hears the audios and interpret them on the spot?

 

[Suzi]

I recommend you familiarise yourself with the Fam Ct website. Lots of info there about expert witnesses. In short the witness will have to put on an affidavit. I still suggest you contact a solicitor, pay some money and get it done properly. Doing it yourself without proper advice is a recipe for disaster.

 

[Rod]

Any recording that is made without the consent of all parties is a breach of the Telecommunications Act.

Not true. I don't believe the act has changed in this respect since I last looked 2-3 years ago.

You cannot intercept conversations under the Telco Act. The OP has not intercepted a call.

 

[Atticus]

Would NATTI accredited translator putting the disclaimer in the document be enough?

No

or does the translator have to appear in court?

Other party may request it. Then up to the judge

Alternatively, can court book an interpreter at hearing, the interpreter hears the audios and interpret them on the spot?

No

You first have to seek permission from the court to tender the document/evidence pursuant to >>> FAMILY LAW RULES 2004 - RULE 15.51 Permission for expert's reports and evidence

To do that you will have to file an application in a case along with supporting affidavit.... Permission to grant will basically depend on (among other things) if the evidence is 'appropriate to the value, complexity and importance of the case' >>> FAMILY LAW RULES 2004 - RULE 15.52 Application for permission for expert witness

If you get that far, a copy will then have to be provided to the other party in the prescribed time before trial, otherwise you can't use it..

Is it looking worth the money & effort?

@Muxaul ... What is your situation regarding contact with you child/ren? .... If the other party is denying you any contcat or severely restricting it based on allegations of family violence involving the CHILD, it *may* be worth it if these transcripts can help prove that the allegations are baseless/ lies..... If this is just FV allegations aimed at you against her, then it probably really isn't worth all this IMO

 

[Suzi]

Not true. I don't believe the act has changed in this respect since I last looked 2-3 years ago.

You cannot intercept conversations under the Telco Act. The OP has not intercepted a call.

Rod - I stand corrected. It is still illegal in SA and WA.

 

[Muxaul]

I consulted with a barrister. VIC is still a one party consent state. And I was given confirmation that my recording are admissible as long as they’re recoded in VIC.

now I can just focus on how to get the recordings prepared in correct way.

 

[Muxaul]

@Muxaul ... What is your situation regarding contact with you child/ren? .... If the other party is denying you any contcat or severely restricting it based on allegations of family violence involving the CHILD, it *may* be worth it if these transcripts can help prove that the allegations are baseless/ lies..... If this is just FV allegations aimed at you against her, then it probably really isn't worth all this IMO

Sorry for the late response. My situation is that when I initiated the family law proceeding, I was completely denied of access of child. Op in her Response affidavit maded a long list of abuse allegations and used police application of IVO (The application was later in withdrawn) to justify the allegations. I want to use some recodings to prove that not only that her allegations including the ones in her IVO application and ones on her FCC affidavit are false, she was in fact the abuser who disguise as a victim.

After several hearings I now have 40% with joint PR, on the process of getting close to 50/50 as per 2nd family report recommendation.

However during the time when we are in family law proceedings, the op repeatedly denigrate me to the child and exposed the child to her violent behaviour. One example is recording 4. Op denied the incident When child witnessing and claimed that she was polite and conversation was peaceful. Complete lie.

If we go to trail, I wish to use recordings as part of evidence to prove that
1, op has no credibility,
2, she was the high conflict party that is exposing child to the parental conflict , and not wanting to change, despite me doing a lot of things on my part trying to mitigate it, including Voluntarily go to post separation workshop, inviting her for joint family therapy and seeing my own psychologies to learn skills on dealing with conflict matter, putting non denigration order in place, sending her lawyer letter, not responding to her personal attacks but only respond to relevant matter, etc.
3 I wish the court to make a finding in family violence from her to me and child.

 

[Atticus]

My situation is that when I initiated the family law proceeding, I was completely denied of access of child. Op in her Response affidavit maded a long list of abuse allegations and used police application of IVO (The application was later in withdrawn) to justify the allegations.

Are you saying that in her parenting order response to your application, she has made allegations (the same allegations made in an IVO application) that have subsequently been withdrawn? .... Why was it withdrawn & by who, her or the police? At what stage was it withdrawn, before a hearing, at a hearing? ..... Do you have the affidavit/ material from that IVO application?