Secret Recordings in Brisbane Family Law: What You Must Know

When family relationships break down, tensions rise. In many parenting and divorce disputes, one party considers making secret recordings to capture threats, abuse, or manipulation. But before pressing record, it’s critical to understand the legal risks in Queensland.

Are Secret Recordings Legal in QLD?

Queensland operates under the Invasion of Privacy Act 1971. Generally, if you are a participant in a private conversation, you may lawfully record it. However, recording a conversation you are not part of can amount to a criminal offence.

Phone recordings can also trigger federal law under the Telecommunications (Interception and Access) Act 1979, particularly where communications are intercepted without authority. The overlap between state and federal legislation makes legal advice essential.

Can Secret Recordings Be Used in Family Court?

Even if legally obtained, secret recordings are not automatically admissible. The Evidence Act 1995 allows courts to exclude improperly obtained evidence unless admitting it outweighs the undesirability of the breach (section 138). Judges also have discretion under section 135 to exclude evidence if it is unfairly prejudicial.

In parenting disputes, the Family Law Act 1975 requires the court to prioritise the child’s best interests. If recordings demonstrate family violence or risk of harm, they may carry weight. However, excessive or manipulative recording behaviour can damage credibility.

Risks of Recording an Ex-Partner

While making secret recordings may feel protective, courts often scrutinise the intent and context. Recording child changeovers, planting devices, or selectively editing conversations can be viewed negatively. In some cases, such conduct has undermined a parent’s case rather than strengthened it.

There are also disclosure obligations in the Federal Circuit and Family Court of Australia. If recordings exist, parties are generally required to disclose them. Failure to do so can result in serious consequences.

Practical Guidance Before Recording

If you are considering secret recordings in a Brisbane family law matter:

• Confirm you are legally entitled to record

• Avoid intercepting conversations you are not part of

• Do not publish or share recordings publicly

• Seek legal advice before relying on them in court

Strategic decisions about evidence should always be guided by professional advice, not emotion.

Frequently Asked Questions

Is it legal to record someone in QLD?

Yes, if you are a participant in the conversation.

Can recordings be used in custody cases?

Possibly, subject to admissibility rules.

Are phone call recordings lawful?

They may engage both state and federal law.

Can illegal recordings still be admitted?

Sometimes, depending on judicial discretion.

Do I have to disclose recordings?

Yes, in most family court proceedings.

Can recording hurt my case?

Yes, especially if seen as manipulative.

Can I publish a recording online?

This may breach privacy laws.

Does the court prioritise child safety?

The best interests of the child prevail.

Should I get legal advice first?

Absolutely.

Contact Aylward Game Solicitors

Call: 07 3236 0001
Email: mail@aylwardgame.com.au

Article Source: Secret Recordings in Brisbane

Navigating Family Law and the Immunisation of Children in Queensland

Disputes about the immunisation of children can become emotionally charged after separation. When parents share parental responsibility, medical decisions are classified as major long-term issues under the Family Law Act 1975. This means both parents must consult and make a genuine effort to agree before action is taken.

If agreement cannot be reached, the law provides a structured pathway to resolve the dispute, always guided by what is in the child’s best interests.

Legal Framework in Queensland

The immunisation of children is supported by national health policy and state legislation. Australia’s National Immunisation Program (NIP) provides free routine vaccines from birth to 4 years. In Queensland, childcare services operate under the Public Health Act 2005, which allows centres to request an Immunisation History Statement and, in some cases, refuse enrolment if requirements are not met.

Additionally, the “No Jab, No Pay” policy under the A New Tax System (Family Assistance) Act 1999 links family assistance payments to up-to-date vaccinations (unless a valid medical exemption applies).

What Happens If Parents Disagree?

When separated parents cannot agree on the immunisation of children, neither can act unilaterally if shared parental responsibility exists. The usual process involves:

1. Family Dispute Resolution (FDR): Mediation with an accredited practitioner.

2. Section 60I Certificate: Issued if mediation fails.

3. Court Application: The Federal Circuit and Family Court of Australia may make a specific issue order.

Australian courts generally rely on established medical evidence. Unless there is a documented medical contraindication, courts have consistently found that following the NIP aligns with a child’s best interests.

Medical Evidence and Exemptions

Vaccines approved in Australia are rigorously assessed by the Therapeutic Goods Administration (TGA). Medical exemptions may apply in rare cases, such as severe allergic reactions. Conscientious or religious objections are not recognised for federal benefit purposes.

Where a child has special vulnerabilities, such as premature birth or chronic illness, courts treat medical recommendations with particular weight.

Practical Steps for Parents

If conflict arises over the immunisation of children:

• Communicate calmly and focus on medical advice

• Obtain written guidance from a GP or specialist

• Attempt mediation early

• Seek legal advice before court proceedings

Early resolution reduces stress, cost, and long-term co-parenting conflict.

Frequently Asked Questions

1. Who decides about childhood vaccines after separation?

Parents with shared responsibility must agree or seek court orders.

2. Can one parent vaccinate without consent?

Not if shared parental responsibility applies.

3. Are vaccines mandatory in Australia?

They are required for certain government benefits and childcare access.

4. What is the NIP schedule?

It outlines vaccines from birth to 4 years.

5. What if mediation fails?

You may apply to the Family Court with a Section 60I certificate.

6. Does the court favour vaccination?

Generally, yes, unless strong medical evidence suggests risk.

7. Where are records stored?

On the Australian Immunisation Register (AIR).

8. Can older children consent for themselves?

Possibly, if deemed Gillick-competent.

9. Are medical exemptions allowed?

Yes, but only with certified medical evidence.

Contact Aylward Game Solicitors

Call: 1800 217 217
Email: mail@aylwardgame.com.au

Article Source: Family Law and the Immunisation of Children

Review My Will: Protecting Your Estate Plan in Queensland

Creating a Will is one of the most important legal steps you can take, but many people forget that estate planning is not a one-time task. If you haven’t taken time to Review My Will in recent years, your document may no longer reflect your current wishes, family circumstances, or financial position.

In Queensland, Wills are governed primarily by the Succession Act 1981. This legislation outlines how a Will must be executed, how it can be revoked, and who has rights to contest it. Even small life changes can have major legal consequences if your estate plan is outdated.

Why It’s Important to Review My Will

Life evolves, and your Will should evolve with it. A proper review ensures:

• Your executors are still appropriate and willing to act

• Your beneficiaries are correctly named

• Your assets are accurately described

• Your wishes align with current Queensland law

Failing to Review My Will after significant life changes can lead to disputes, delays, or unintended outcomes.

Key Life Events That Trigger a Review

Certain events require immediate attention:

Marriage: Under Queensland law, marriage may revoke a previous Will unless drafted in contemplation of marriage.

Divorce or Separation: Divorce affects gifts and executor appointments, but separation alone does not automatically remove an ex-partner.

Birth of Children or Grandchildren: New dependents should be considered to avoid future family provision claims.

Significant Asset Changes: Purchasing property, starting a business, or receiving an inheritance should prompt you to review your estate structure.

If any of these apply, it’s time to Review My Will with professional guidance.

Risks of DIY or Online Will Reviews

Online templates may appear convenient, but they often fail to meet strict legal requirements. Errors in wording, witnessing, or structure can render a Will invalid. Estate litigation in Queensland is increasingly common, and poorly drafted documents are a major cause.

Experienced solicitors ensure compliance with the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 where relevant, especially when reviewing Enduring Powers of Attorney alongside your Will.

Professional Guidance You Can Trust

At Aylward Game Solicitors, clients across Brisbane, Gold Coast, and Sunshine Coast receive tailored estate planning advice. Their team ensures every Review My Will consultation is comprehensive, legally compliant, and aligned with your long-term goals.

Estate planning is not just about assets, it’s about protecting family relationships and reducing future stress.

Frequently Asked Questions

1. How often should I review my Will?

Every 2-3 years, or after major life changes.

2. Does marriage cancel my Will in Queensland?

Yes, unless drafted in contemplation of marriage.

3. Does separation automatically remove my former partner?

No. Only divorce triggers automatic revocation of certain provisions.

4. Can I review my Will online?

You can, but legal review is strongly recommended.

5. Who can contest a Will in QLD?

Spouses, children, and dependents may apply under family provision laws.

6. Is superannuation covered by my Will?

Not automatically. A binding nomination is required.

7. Who can view a Will after death?

Entitled persons under Queensland law may request a copy.

8. What if my executor has died?

Your Will should be updated to appoint a substitute executor.

9. How long do I have to contest a Will?

Strict time limits apply, generally 6 months in Queensland.

Contact Aylward Game Solicitors

Call: 07 3236 0001
Email: mail@aylwardgame.com.au

Article Source: Review My Will In Queensland

Bought a House in Queensland? Here’s What You Must Do Next

If you’ve recently bought a house in Queensland, congratulations, but your legal responsibilities don’t end at signing the contract. Understanding your rights, risks, and next steps is essential to protect your investment.

Queensland property law is strict, and timelines matter. Missing a deadline could cost you financially.

When Does Risk Pass to You?

Many buyers are surprised to learn that after you’ve bought a House, the property is at your risk from 5:00 pm on the first business day after contract signing, not at settlement. This means you must arrange building insurance immediately.

Key Laws That Apply

Property purchases in Queensland are governed by legislation including:

• Property Law Act 1974 (Qld)

• Land Title Act 1994 (Qld)

• Duties Act 2001 (Qld)

• Property Law Act 2023 (Qld) (seller disclosure reforms)

These laws regulate contracts, title transfer, disclosure obligations, and stamp duty. 

Costs Beyond the Purchase Price

If you’ve bought a House, budget for:

• Transfer duty (stamp duty)

• Legal and conveyancing fees

• Building & pest inspection

• Title registration fees

• Mortgage registration costs

• Council and water rate adjustments

Most buyers should allow an additional 4-6% above the purchase price.

What Happens Before Settlement?

After you’ve bought a House, your solicitor will:

• Ensure finance approval is satisfied

• Conduct final property searches

• Arrange settlement via PEXA

• Coordinate with your lender

• Schedule your pre-settlement inspection

Always complete a final inspection 24-48 hours before settlement.

What If Problems Are Discovered?

If you’ve bought a House and later discover undisclosed issues, you may have legal remedies under Australian Consumer Law or property legislation. Prompt legal advice is critical.

Why Professional Legal Advice Matters

Queensland operates under “buyer beware” principles, but sellers must still comply with disclosure requirements. An experienced property lawyer ensures your rights are protected and deadlines are met.

At Aylward Game Solicitors, Accredited Specialist Mark Game provides strategic advice across Brisbane, Gold Coast, and Sunshine Coast transactions.

Frequently Asked Questions

1. When should I insure the property?

Immediately after contract signing.

2. Can I cancel after signing?

Only during cooling-off (if applicable) or under specific contract conditions.

3. Who pays stamp duty?

The buyer, under the Duties Act 2001 (Qld).

4. Is settlement always 30 days?

Commonly, but it depends on the contract.

5. What if my finance is declined?

You may terminate if within the finance condition timeframe.

6. Do I need a final inspection?

Yes, before settlement.

7. What if defects were hidden?

You may have legal claims for misleading conduct.

8. Is auction purchase different?

Yes, auctions are unconditional.

9. Are new laws changing disclosure?

Yes, mandatory seller disclosure reforms apply from 2025.

Contact Aylward Game Solicitors

Call: 07 3236 0001
Email: mail@aylwardgame.com.au

Article Source: Bought a House in Queensland