South Australian Consolidated Acts13—Principles governing proceedings
(1) On the hearing of
proceedings involving a native title question—
(a) the
Court will proceed with the minimum of formality; 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) The Court is not
bound by the rules of evidence and may inform itself as it thinks fit.
(3) However, in
informing itself about a native title question, the Court must, if there is an
established evidentiary practice in the Federal Court for dealing with similar
questions, follow the practice of the Federal Court.