In a civil context, a party to a conversation who covertly records it to confirm prior representations and corroborate their position in circumstances of imminent litigation and genuine doubts about the other party's honesty has 'lawful interests' within the meaning of s 4(3)(b)(i) of the Listening Devices Act 1992 (ACT). The reasoning in Sepulveda that the exception should be closely confined to avoid undermining the warrant regime does not apply in civil proceedings, because private litigants cannot invoke law enforcement to obtain warrants for civil disputes.
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