South Australian Consolidated Acts South Australian Consolidated Acts6—Reference of proceedings between courts
(1) The Supreme Court
may, and other courts of the State must, refer proceedings involving a
native title question to the ERD Court for hearing and determination.
(2) If proceedings are
referred under this section to the ERD Court for hearing and determination,
the ERD Court has jurisdiction to hear and determine the native title question
and the other questions involved in the proceedings that might, if it were not
for the reference, have been determined by the court from which the
proceedings were referred.
(3) The ERD Court may,
on application by a party or on its own initiative, refer proceedings
involving a native title question to the Supreme Court for hearing and
determination.
(4) The Supreme Court
may, on the application by a party or on its own initiative, remove
proceedings involving a native title question from the ERD Court into the
Supreme Court for hearing and determination.
(5) In deciding
whether proceedings involving a native title question should be heard by the
Supreme Court or the ERD Court, the following matters must be taken into
consideration:
(a) the
importance of the questions involved in the proceedings; and
(b) the
complexity of the legal and factual questions involved in the proceedings.