Legal Question in Business Law in Australia

Taping of conversation without permission

I have a dispute on a business matter with another company, where I don't believe they satisfied the contract. We sat to discuss the problem in an attempt to reach a resolution. The discussion failed. Before they leave, one of the guys showed a tape recorder and said that he taped this conversation. He didn't take our permission to do so.

The question is: can I sue them for taping our conversation without our permission?

Your answer will be much appreciated.

Cheers

Charles


Asked on 11/10/03, 11:41 pm

1 Answer from Attorneys
Tim Wishart McMahons National lawyers

Re: Taping of conversation without permission

There is probably no remedy for taping the meeting without your knowledge.

In any event what damage have you suffered?

But the tape probably cannot be used against you in any proceedings for two reasons first; it is possible that the meeting was on a without prejudice basis given that it was for the purpose of negotiating a settlement (was it discussed that the meeting was without prejudice?) second, the fact that the tape was made covertly probably precludes it being admitted into evidence.

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Answered on 11/10/03, 11:46 pm


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