South Australian Current Acts

DISTRICT COURT ACT 1991 - SECT 42E

42E—Conduct of appeal

        (1)         The Court must, on an appeal, examine the decision of the original decision-maker on the evidence or material before the original decision-maker but the Court may, as it thinks fit, allow further evidence or material to be presented to it.

        (2)         The Court, on an appeal—

            (a)         is not bound by the rules of evidence but may inform itself as it thinks fit; and

            (b)         must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

        (3)         The Court must, on an appeal, give due weight to the decision being appealed against and the reasons for it and not depart from the decision except for cogent reasons.