Stoddart v Boulton [2009] FCA 1108

Stoddart v Boulton [2009] FCA 1108

Section 30 of the Australian Crime Commission Act 2002 (Cth) abrogates the common law privilege against spousal incrimination by necessary implication, so the applicant is not entitled to either the declaration or the injunction sought.

Jurisdiction
Australia
Judgment Date
01 October 2009
Procedural Posture
Judicial Review/statutory Interpretation / Final Determination
Outcome
Application dismissed with costs
Legal Topics
['statutory Examination' 'spousal Privilege' 'privilege Against Spousal Incrimination' 'statutory Abrogation']
['evidence' 'administrative Law' 'criminal Law'] ['statutory Examination' 'spousal Privilege' 'privilege Against Spousal Incrimination' 'statutory Abrogation']

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Procedural Posture

Judicial Review/statutory Interpretation / Final Determination

Legal Issues

  1. 1 ['Whether common law recognises privilege against spousal incrimination' 'Whether the statutory requirement in s 30 of the Australian Crime Commission Act 2002 (Cth) abrogates spousal privilege']

Ratio Decidendi

Section 30 of the Australian Crime Commission Act 2002 (Cth) abrogates the common law privilege against spousal incrimination by necessary implication, so the applicant is not entitled to either the declaration or the injunction sought.

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed with costs']