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    Default Recording a conversation

    Hi All, today DH (separated) and I went to a relationship counsellor. I noticed him fumbling with his phone a little. I was fairly annoyed. At the end of the counselling session, we walked outside and he got him mobile out of his pocket, when he said 'oh it's still recording' I said to him, "Did you record that conversation?" He said yes. I said why? He replied 'I'll need it if we go to court (child is involved)' as far as I am aware, it is illegal to record a conversation and use it without permission. I feel complete betrayed. Can someone please clarify my rights?

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    It's my understanding that it wouldn't stand up in court if it's a secret recording.

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    Default Recording a conversation

    Yes I believe you need to be made aware that the conversation is being recorded. If not then it is in itself, illegal.

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    As above. It would be thrown out of court.

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    Won't stand up in court

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    It sucks ... My advice is don't put yourself in situations where he can record you. And yes this means counsellIng unfortunately. If your DP is acting like this I am not sure that ditching counsellIng to reconcile would be a bad thing.

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    I have no idea on the legalities but I would strongly recommend making a record of the date and events surrounding it. For example:

    x November 2014
    Face to face discussion at (location)
    Counselling session with H and counselor to discussion XYZ. H revealed after the session that he had recorded the discussion on his phone and that its purpose of this recording was as evidence for future possible court/legal events. At no time prior to the counseling session did H advise or suggest he was goign to record the discussions.
    I commented to H that is illegal but he advised that it was not illegal and that he woudl use it against me if needed.

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    Iv been going throu family court for 8 years

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    Quote Originally Posted by moosey View Post
    It's my understanding that it wouldn't stand up in court if it's a secret recording.
    Quote Originally Posted by HeavenBlue View Post
    Yes I believe you need to be made aware that the conversation is being recorded. If not then it is in itself, illegal.
    Quote Originally Posted by Jmeleem View Post
    As above. It would be thrown out of court.
    Quote Originally Posted by MrsMSL View Post
    Won't stand up in court
    TV has a lot to answer for.

    This is not true. The recording isn't of itself illegal, and if you make a statement against the recording under oath in court it could be used as evidence against you. For example if you said in th session that you had abused a child then said in court that you hadn't, it may be used as a statement against interest.

    However if you signed an agreement that whatever you said in counseling was confidential it may be thrown out.

    You need to see your lawyer about this.

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    Quote Originally Posted by crankyoldcow View Post
    I live in Qld and checked this with a lawyer. It is legal in Qld to record a conversation that you participate in. There is no requirement to let the other parties know the conversation is being recorded.

    However - as the conversation was part of a counselling session, I don't know if other privacy laws come into play here. You would be best of checking with a lawyer. I do not know if different states have different laws regarding recording of conversations.

    In addition, just because it is legal to record a conversation, I don't know if this translates to being able to use the recordings as evidence in court. Again check with a lawyer for correct advice.
    I agree with this my sister is in Victoria police and it is legal to record here so long as at least one participant in the conversation knows it is being recorded

    But I also agree that because it is counseling it may be different and unusable in court

    I think a lawyer is your best bet.

    I'm sorry he is doing this to you and I hope it all works out soon


 

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