The Demise of Spousal Privilege in Australian law
By Alicia Hill
The common law has previously recognised the right of spousal privilege that renders a witness immune from answering questions or giving evidence that may incriminate their spouse.
The High Court case of Australian Crime Commission v Stoddart [2011] HCA 47, however was asked to consider whether this privilege was a common law right.
In 2009, Louise Stoddart was summoned by the Australian Crime Commission to answer questions regarding alleged tax-avoidance schemes run by her...
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