Most of us carry around an amazing piece of technology that links us to the world while simultaneously tracking our and potentially others movements through it. Inevitably people realised the use technology could have in litigation generally but specifically family law litigation.
Hidden Cameras & Covert Recordings
While each State and Territory has its own laws relating to the use of recordings in proceedings so does the Commonwealth. While the Court retains discretion to exclude evidence that has been improperly obtained, given amendments relating to the law in children’s proceedings, in some circumstances evidence that would normally be excluded or even considered illegally obtained has been accepted by the Court.
Covert recording of your partner or former partner can be considered by a Court to be coercive and manipulative conduct particularly in matters where there is an overlay of family violence or poor conduct. These are very serious matters indeed. The gathering and use of evidence in family law proceedings can be complex. You need an expert on your side.
The solicitors at Tiyce & Lawyers are specialist family law practitioners. We are here when you need us.