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Evidence Act 2011
9Application of common law and equity
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9 Application of common law and equity
(1) This Act does not affect the operation of a principle or rule of
common law or equity in relation to evidence in a proceeding to
which this Act applies, except so far as this Act provides otherwise
expressly or by necessary intendment.
(2) Without limiting subsection (1), this Act does not affect the operation
of a principle or rule mentioned in subsection (1) so far as it relates to
any of the following:
(a) admission or use of evidence of reasons for a decision of a
member of a jury, or of the deliberations of a member of a jury
in relation to the decision, in a proceeding by way of appeal from
a judgment, decree, order or sentence of a court;
(b) the operation of a legal or evidential presumption that is not
inconsistent with this Act;
Application of this Act Part 1.2
(c) a court’s power to dispense with the operation of a rule of
evidence or procedure in an interlocutory proceeding.
Note This section differs from the Commonwealth Act, s 9. That section
preserves the written and unwritten laws of States and Territories in
relation to certain matters.