THE wife of a Gold Coast businessman accused of running a tax
avoidance scheme cannot refuse to answer questions about her husband's
alleged illegal activities, the High Court has ruled.
In a majority opinion, the court held that the common law does not recognise a privilege against spousal incrimination.
The case arose when Louise Stoddart was called before the Australian Crime Commission to give evidence in an examination of her husband, Ewan Alisdair James Stoddart in April 2009.
Mrs Stoddart, who worked part-time as a secretary in her husband's accounting practice, refused to answer questions about her husband, claiming that as his wife she had the right not to give evidence that might incriminate him. Read Full
In a majority opinion, the court held that the common law does not recognise a privilege against spousal incrimination.
The case arose when Louise Stoddart was called before the Australian Crime Commission to give evidence in an examination of her husband, Ewan Alisdair James Stoddart in April 2009.
Mrs Stoddart, who worked part-time as a secretary in her husband's accounting practice, refused to answer questions about her husband, claiming that as his wife she had the right not to give evidence that might incriminate him. Read Full
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