South Australian Consolidated Acts South Australian Consolidated Acts21—Principles governing hearings
(1) On the hearing of
proceedings (other than criminal or contempt proceedings) under any
relevant Act (but subject to the provisions of any such Act)—
(a) the
procedure of the Court will, subject to this Act, be conducted with the
minimum of formality; and
(b) the
Court is not bound by the rules of evidence and may inform itself as it thinks
fit; and
(c) the
Court must act according to equity, good conscience and the substantial merits
of the case and without regard to legal technicalities and forms.
(2) On an appeal from
a decision or order of person or body acting under a relevant Act, the person
or body must, on a request made in accordance with the rules of the Court (but
subject to any qualifications specified in the rules), send to the Court any
application, documents, written submissions, reports, plans, specifications or
other documents lodged with, or received by, the person or body in relation to
the matter, and any other relevant material, requested by the Court.
(3) The Court
may—
(a)
examine anything submitted under subsection (2) and draw any conclusions
of fact it considers proper;
(b)
direct the person or body to furnish a report on any aspect of the subject
matter of the appeal.
(4) The Court must, to
the extent or in the manner provided by the rules, ensure that the parties
obtain access to any material submitted under subsection (2).