Stoten v Sage (Examiner, Australian Crime Commission) [2005] FCA 935

FEDERAL COURT OF AUSTRALIA

Stoten v Sage (Examiner, Australian Crime Commission) [2005] FCA 935 EVIDENCE – spousal privilege – operation/investigation by the Australian Crime Commission into criminal activities of the applicant's spouse – where applicant objected to answering questions on the basis of spousal privilege – where Commission proceeded on basis that spousal privilege does not apply under Australian Crime Commission Act 2002 (Cth) – application to review decision of the Commission – whether there is a common law privilege against spousal incrimination – whether such spousal privilege is abrogated by statute

Australian Crime Commission Act 2002 (Cth) ss 24A, 25A, 28, 30 Criminal Code Act 1995 (Cth) Evidence Act 1995 (Cth) ss 4, 17, 18 National Crime Authority Act 1984 (Cth) s 7, 28, 30 Australian Crime Commission Establishment Act 2002 (Cth)

S v Boulton [2005] FCA 821 considered Environment Protection Authority v Caltex Refinery Co Pty Ltd (1992-1993) 178 CLR 477 considered Callanan v B (2005) 29(3) CrimLJ 182 followed Read v Howard (1995) 184 CLR 1 considered Pyneboard Pty Ltd v Trade Practice Commission (1982-1983) 152 CLR 328 considered Sorby v The Commonwealth (1983) 152 CLR 281 considered The Daniels Corporation International Pty Ltd v Australian Competition & Consumer Commission (2002) 213 CLR 543 considered A v Boulton (2004) 136 FCR 420 followed JD Heydon, GB Byrne, Cross on Evidence, loose leaf service, Butterworths The Laws of Australia, Law Book Company, vol 16 Halsbury's Laws of Australia, Butterworths, vol 13 D Lusty, 'Is There a Common Law Privilege Against Spouse Incrimination?', University of New South Wales Law Journal, vol 27, 2004, p 1

KATHERINE STOTEN v G E (TIM) SAGE (EXAMINER, AUSTRALIAN CRIME COMMISSION) AND AUSTRALIAN CRIME COMMISSION

QUD 162 OF 2005