Stoddart v Boulton [2010] FCAFC 89
The common law privilege against spousal incrimination has not been abrogated by the Australian Crime Commission Act 2002 (Cth); statutory language and structure do not manifest an unmistakably clear intention to abrogate this privilege, which is ancient and fundamental.
- Parties
- Appellant: Louise Stoddart; First Respondent: William McLean Boulton (Examiner, Australian Crime Commission); Second Respondent: Australian Crime Commission
- Jurisdiction
- Australia
- Judgment Date
- 15 July 2010
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Spousal Privilege, Statutory Interpretation, Privilege Against Self Incrimination, Use Immunity, Compellability of Witnesses
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Louise Stoddart
Appellant
William McLean Boulton (Examiner, Australian Crime Commission)
First Respondent
Australian Crime Commission
Second Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the common law privilege against spousal incrimination has been abrogated by s 30 of the Australian Crime Commission Act 2002 (Cth)
- 2 Whether statutory abrogation of common law privileges must be by clear words or necessary implication
Ratio Decidendi
The common law privilege against spousal incrimination has not been abrogated by the Australian Crime Commission Act 2002 (Cth); statutory language and structure do not manifest an unmistakably clear intention to abrogate this privilege, which is ancient and fundamental.
Court Disposition
appeal allowed
Orders
- The appeal is allowed.
- The orders made by Reeves J on 1 October 2009 are set aside.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment