34Procedure of Court generally

### 34 Procedure of Court generally > > (1)  The Court may, subject to this Act and the rules of court, determine its own procedure. > > > (2)  The Court is not bound by the rules of evidence and may inquire into and inform itself on any matter in such manner as it thinks fit, subject to the rules of natural justice. > > > (3)  The Court is to act with as little formality as the circumstances of the case permit and according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms. > > > (4)  The Court is to take such measures as are reasonably practicable – > > > > > > (a) to ensure that the parties to the proceedings before it understand the nature of the assertions made in the proceedings and the legal implications of those assertions; and > > > > > > > (b) if requested to do so, to explain to the parties any aspect of the procedure of the Court, or any decision or ruling made by the Court, that relates to the proceedings; and > > > > > > > (c) to ensure that the parties have the fullest opportunity practicable to be heard or otherwise have their submissions considered in the proceedings. > > > (5)  The Court – > > > > > > (a) is to act as quickly as is practicable; and > > > > > > > (b) is to ensure that all relevant material is disclosed to the Court so as to enable it to determine all of the relevant facts in issue in any proceedings; and > > > > > > > (c) may require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument; and > > > > > > > (d) in the case of a hearing, may require the presentation of the respective cases of the parties before it to be limited to the periods of time that it determines are reasonably necessary for the fair and adequate presentation of the cases; and > > > > > > > (e) may require a document to be served outside the State; and > > > > > > > (f) may adjourn proceedings to any time and place (including for the purpose of enabling the parties to negotiate a settlement); and > > > > > > > (g) may dismiss at any stage any proceedings before it if the applicant withdraws the application to which the proceedings relate; and > > > > > > > (h) may dismiss at any stage any proceedings before it if it considers the proceedings to be frivolous or vexatious or otherwise misconceived or lacking in substance.