POINTER & CHEADLE

In the matter of *Pointer & Cheadle*, heard before McClelland DCJ, the dispute concerned the admissibility of audio telephone voicemail messages inadvertently left on the father's telephone by the mother, and transcripts of those messages.

The primary legal issue before the Court was whether section 138 of the *Evidence Act 1995* (Cth) applied to the admission of this evidence, and if so, whether the evidence should be excluded. The Court was required to determine if the audio telephone voicemail messages had been unlawfully obtained, and to consider the admissibility of both the recordings and their transcripts.

McClelland DCJ reasoned that the audio telephone voicemail messages had not been unlawfully obtained. The Court then exercised its discretion to admit the audio telephone voicemail recordings and transcripts into evidence on a provisional basis, pending the determination of their relevance, authenticity, and accuracy during the proceedings.