Chris Gayle the cricketer sued Fairfax for defamation – it was in all the papers. Leeming JA (at [258-259]) commented on the ‘symbiotic relationship’ between statutes and the common law11. They are not separate and independent sources of law, he said.
This is a subtle and difficult area, but with practical impacts. One example from Episode 39 makes the point12. When a common law term is used in a legislative code, does the full common law meaning go across into the code? The answer given there was ‘no’13. iTip – at all points of intersection between statutes and the common law, it is important to investigate context and purpose.
This case is from Episode 51 of interpretation NOW!
11 Brodie  HCA 29 (at ), Middleton J (2016) 40 MULR 626 (at 627).
12 Hayman  WASCA 116.