Can WhatsApp messages be used as evidence in Australia?
Last reviewed 30 October 2026
Sometimes. There's no single Australian rule: each court or tribunal sets its own directions and decides what it accepts and how much weight it gives. The Evidence Act 1995 (Cth) has sections on electronic communications, but they're narrow. Read the directions for your matter and ask the registry.
What does the Evidence Act 1995 (Cth) say?
We read the Act (Compilation No. 35, 10 June 2025, the latest version on 30 October 2026). States, territories and tribunals have their own rules.
- s 48: ways to prove what a document says.
- s 69: hearsay exception for business records, with limits.
- s 71: hearsay exception for electronic communications, but only for the sender's identity, when it was sent and where it went. Not what the message says.
- s 146 and s 147: presumptions that a device or process produced its result, including for business documents.
- s 161: a rebuttable presumption about the form, sender and send time of an electronic communication. The other side can challenge it.
We haven't verified that every messaging app counts as an "electronic communication" under the Act. Don't assume WhatsApp is covered. A lawyer can tell you how this applies to you.
What haven't we checked?
- VCAT, QCAT and the State Administrative Tribunal (WA).
- Family Law Rules and FCFCOA practice directions on messages.
- Case law on screenshots or exports.
We did read one tribunal's guidance: NCAT (NSW).
What should I keep?
- The original chat on your phone, whole.
- An unedited export: how to export with dates.
- Original photos and voice notes.
Neither proves a message is genuine alone: screenshot or export.
How do I present messages clearly?
- Export the chat and don't change the file.
- Pick the few messages that matter in Make a pack and add a line to each.
- Run Check a pack to confirm every quote matches the export.
VaultXT runs on your device, so nothing is uploaded. A pack is a record of what the chat showed. Outside Australia? See the US federal rules.
Questions people ask
Can WhatsApp messages be used in an Australian court?
It depends on the court and the matter, and the court decides.
Does the Evidence Act cover WhatsApp?
Sections 71 and 161 cover electronic communications narrowly, and we haven't verified that every app counts.
Next step: Make a pack, then check it.
General information, not legal advice. For a large claim, speak to a lawyer or legal aid.