This is a single section from Chapter 2. Read the full chapter here.

Have any interactions between the common law and the new legislation been identified and addressed?

Any conflict or interaction between new legislation and the common law should be explicitly addressed in the new legislation.


New legislation can alter, work in parallel with, or entirely override the common law. However the new legislation must clearly identify whether or not it is doing so. If the legislation is not intended to affect the common law, then this should also be explicitly set out in the new legislation. Section 12A of the Evidence Act 2006 is an example of legislation that preserves particular common law principles.

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