The Continued Role of Common Law in Evidence Law after the 2008 Act

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Added on  2020/03/04

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This research paper investigates the enduring role of common law within the framework of evidence law, particularly in light of the Evidence Act 2008 (Vic). It begins by outlining the fundamental principles of evidence law and its application in Australian legal proceedings, emphasizing the jurisdictional variations. The paper then delves into the historical context, tracing the evolution of evidence law from common law to the introduction of the Uniform Evidence Acts and the subsequent Evidence Act 2008 (Vic). A significant portion of the essay is dedicated to analyzing the harmonious relationship between common law and the Evidence Act, illustrating how the common law continues to provide context and understanding for the application of the Act, while also identifying areas where tension arises. Specific examples, such as the res gestae doctrine, are used to demonstrate the interplay between the two legal systems. Furthermore, the paper examines instances of convergence and divergence, highlighting how the Act has reformed certain aspects of common law. The essay concludes by emphasizing the ongoing relevance of common law principles, even with the implementation of the Evidence Act, and the need for a nuanced understanding of their interaction.
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