A desire to gain an advantage in civil proceedings does not ordinarily constitute a 'lawful interest' under s 7(1)(b) of the Listening and Surveillance Devices Act 1972 (SA), and the prohibition on communication in s 5(1) extends to tendering recorded material in court proceedings, meaning the tender itself would constitute an offence. The criminal standard of proof has no place in the trial of testamentary capacity; a residual doubt is not enough to defeat a claim for probate unless it is substantial enough to preclude a belief that the testator possessed sound mind, memory and understanding.
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