Michaels and Harradine

In *Michaels and Harradine*, heard before Gill J, the dispute concerned the admissibility of a recording made by the wife. The husband sought to exclude this recording, arguing it was unlawfully obtained.

The central legal issue before the court was whether the recording made by the wife was obtained unlawfully, thereby rendering it inadmissible in the proceedings. This required the court to consider the circumstances under which the recording was made and whether those circumstances met the legal threshold for lawful acquisition.

Gill J determined that the recording was not unlawfully obtained. His Honour reasoned that the step of recording was reasonably necessary for the protection of the wife’s lawful interests. This finding indicates that the court applied a test of reasonable necessity in assessing the lawfulness of the recording, concluding that the wife’s actions were justified by the need to safeguard her legal rights.

Consequently, the court determined that the recording was admissible.