Victorian Consolidated Legislation

Evidence Act 2008 - SECT 9

Application of common law and equity

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
such a principle or rule 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
        such a 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;

   (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 section 9 of the Commonwealth Act. That section
preserves the written and unwritten laws of States and Territories in relation
to various matters.