Chen & Chen and Ors (No 4)

In *Chen & Chen and Ors (No 4)*, Justice Cronin of the Supreme Court of New South Wales considered an objection to the admissibility of recorded telephone conversations. The objection was raised by the parties against whom the recordings were sought to be admitted, on the ground that the recordings were illegal.

The central legal issue before the Court was whether the recorded telephone conversations were illegally obtained, thereby rendering them inadmissible as evidence. This required the Court to determine if the recording party's actions were lawful, particularly in light of the commencement of proceedings and the motivation behind making the recordings.

Justice Cronin dismissed the objection, finding that the recording party had objectively satisfied the Court that she was protecting her lawful interests. The Court reasoned that the recording was not illegal in these circumstances, implying that the protection of one's lawful interests, especially after proceedings have commenced, can justify the recording of telephone conversations. Consequently, the Court found no basis to exclude the evidence on the grounds of illegality.

The Court ordered that the objection to the evidence of the recorded conversations be dismissed.