Hazan & Elias 2011 FamCA 376
A father taped an interview with a family consultant without consent and asked that the tape be admissible evidence. The father argued that the family consultant was biased against him (partisan), and that the tape would permit an identification of selective inclusions and omissions of statements. The father alleged that misquotations had occurred for example that he was misquoted as saying that he was an “authoritarian parent” when he had actually said he was an “authoritative parent.”
The judge noted that parties are able to file an affidavit to correct any perceived bias or inaccuracy in an expert report.
The judge ruled the tape recordings were inadmissible evidence.