Recorded Webinar: Caught on Camera: The Admissibility of Audio and Video Recordings in Family Law Matters

With the ubiquitous use of smartphones and other technology, it seems everything can be captured on camera these days. Clients will often present you with recordings of their former spouse or children which they claim will help their case. But, what are the limits with using this type of evidence in family law proceedings? This session provides the answers, including:

• When is a recording lawful or unlawful? A look at Commonwealth and State-based surveillance laws
• Possible criminal sanctions that may apply
• The Court’s discretion under s.138 of the Evidence Act to include improperly or illegally obtained evidence
• What factors does the Court look at when deciding whether or not secret recordings will form part of the evidence?
• Scrutiny and weight of evidence once admitted
• How can the recordings potentially backfire on the person making them – understanding the risks
• Matters involving family violence – a look at Janssen Janssen [2016] FamCA 345
• Case update