Commonwealth Consolidated Acts

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 - SECT 32

Appeals heard by Full Court or a single Judge

  (1)   Subject to this section, the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division   1) is to be exercised by:

  (a)   in relation to a judgment of the Federal Circuit and Family Court of Australia (Division   2) or the Magistrates Court of Western Australia:

  (i)   a single Judge; or

  (ii)   if the Chief Justice considers that it is appropriate for the appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division   1) in relation to the appeal to be exercised by a Full Court--a Full Court; and

  (b)   in relation to a judgment of any other court--a Full Court.

Certain applications etc. generally heard by a single Judge

  (2)   Applications:

  (a)   for an extension of time within which to institute an appeal to the Federal Circuit and Family Court of Australia (Division   1); or

  (b)   for an extension of time within which to file an application for leave to appeal to the Federal Circuit and Family Court of Australia (Division   1); or

  (c)   for leave to amend the grounds of an appeal to the Federal Circuit and Family Court of Australia (Division   1); or

  (d)   to stay an order of the Federal Circuit and Family Court of Australia (Division   1) made in the exercise of its appellate jurisdiction; or

  (e)   for security for costs in relation to an appeal to the Federal Circuit and Family Court of Australia (Division   1);

must be heard and determined by a single Judge unless:

  (f)   the Chief Justice directs that the application be heard and determined by a Full Court; or

  (g)   the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.

  (3)   A single Judge (sitting in Chambers or in open court) or a Full Court of the Federal Circuit and Family Court of Australia (Division   1) may:

  (a)   join or remove a party to an appeal to the Court; or

  (b)   give summary judgment; or

  (c)   make an interlocutory order pending, or after, the determination of an appeal to the Court; or

  (d)   make an order by consent disposing of an appeal to the Court (including an order for costs); or

  (e)   make an order that an appeal to the Court be dismissed for want of prosecution; or

  (f)   make an order that an appeal to the Court be dismissed for:

  (i)   failure to comply with a direction of the Court; or

  (ii)   failure of the appellant to attend a hearing relating to the appeal; or

  (g)   vary or set aside an order under paragraph   (c), (e) or (f); or

  (h)   give directions under subsection   69(1); or

  (i)   give other directions about the conduct of an appeal to the Court, including directions about:

  (i)   the use of written submissions; and

  (ii)   limiting the time for oral argument.

Note:   For paragraphs   (d) and (i), see also subsection   (8).

  (4)   In subsection   (3), a reference to an appeal includes a reference to an application of the kind mentioned in subsection   (2).

  (5)   An application for the exercise of a power mentioned in subsection   (3) must be heard and determined by a single Judge unless:

  (a)   the Chief Justice directs that the application be heard and determined by a Full Court; or

  (b)   the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.

Cases stated and questions reserved

  (6)   The Federal Circuit and Family Court of Australia (Division   1) constituted by a single Judge may state any case or reserve any question concerning a matter (whether or not an appeal would lie from a judgment of the Judge to a Full Court of the Court on the matter) for the consideration of a Full Court and the Full Court has jurisdiction to hear and determine the case or question.

Rules of Court

  (7)   The Rules of Court may make provision enabling matters of the kind mentioned in subsections   (2) and (3) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.

Certain orders and directions not appellable

  (8)   No appeal lies under this section from an order or direction of a kind mentioned in paragraph   (3)(d) or (i) given by a single Judge or a Full Court of the Federal Circuit and Family Court of Australia (Division   1).