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Australian Crime Commission v Stoddart

[2011] HCA 47
Judgment date
Case number
B71/2010
Before
French CJ, Gummow, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Evidence – Privilege - Spousal privilege - Witness summonsed pursuant to s 28(1) of Australian Crime Commission Act 2002 (Cth) ("Act") to give evidence regarding "federally relevant criminal activity" involving her husband - Witness declined to answer examiner's questions by claiming spousal privilege - Whether spousal privilege exists at common law and, if so, whether spousal privilege extends to non-curial proceedings - If spousal privilege exists at common law, whether Act restricts or abrogates spousal privilege.

Words and phrases – "compellability", "competence", "spousal privilege".

Files
47.rtf (147.35 KB)
47.pdf (341.84 KB)