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".