Australian Crime Commission v Stoddart

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HEYDON, CRENNAN, KIEFEL AND BELL JJAUSTRALIAN CRIME COMMISSION  APPELLANTANDLOUISE STODDART & ANOR  RESPONDENTSAustralian Crime Commission v Stoddart [2011] HCA 4730 November 2011B71/2010ORDER1.    Appeal allowed.2.Set aside paragraphs 1, 2 and 3 of the order of the Full Court of the Federal Court of Australia made on 15 July 2010 and in their place order that the appeal to that Court be dismissed.3.    The appellant pay the first respondent's costs in this Court.On appeal from the Federal Court of AustraliaRepresentationS J Gageler SC, Solicitor-General of the Commonwealth with B Lim for the appellant (instructed by Australian Government Solicitor)B W Walker SC with N A Martin and T F N Pincus for the first respondent (instructed by Bernard Bradley & Associates)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAustralian Crime Commission v StoddartEvidence – 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".FRENCH CJ AND GUMMOW J.   The first respondent ("Mrs Stoddart") was born in 1966 and...