Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The appellate jurisdiction of the Court referred to in sections 30AA and 30AD must, subject to any other Act, be exercised by a Full Court.
(2) Applications:
(a) for leave to appeal under subsection 30AA(1) or (2); or
(b) for an extension of time within which to file:
(i) a notice of application for leave to appeal under subsection 30AA(1) or (2); or
(ii) a notice of appeal under subsection 30AA(1) or (2) for an appeal involving a question of law alone; or
(iii) a notice of appeal under subsection 30AA(3); or
(c) for leave to amend the grounds of an appeal under subsection 30AA(1), (2) or (3); or
(d) to stay an order of a Full Court;
must be heard and determined by a single Judge unless:
(e) a Judge directs that the application be heard and determined by a Full Court; or
(f) 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) Applications:
(a) for leave to appeal a judgment or decision of a Judge referred to in subsection 30AA(4); or
(b) for an extension of time within which to file a notice of application for leave to appeal under that subsection; or
(c) for leave to amend the grounds of an appeal under that subsection;
must be heard and determined by the Judge who made the judgment or decision.
(4) In relation to criminal appeal proceedings, a single Judge (sitting in Chambers or in open court) or a Full Court may:
(b) make an order by consent disposing of an appeal to the Court; or
(c) make an order that an appeal to the Court be dismissed for want of prosecution; or
(d) 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
(e) vary or set aside an order under paragraph (c) or (d); or
(f) give 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.
(4A) An application for the exercise of a power mentioned in subsection (4) must be heard and determined by a single Judge unless:
(a) a Judge 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.
(5) The Rules of Court may make provision enabling an application of the kind mentioned in subsection (2), (3) or (4A) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.
(6) The Court constituted by a single Judge may state any case or reserve any question concerning a matter with respect to which an appeal would lie from a judgment of the Judge to a Full Court of the Court for the consideration of a Full Court. The Full Court has jurisdiction to hear and determine the case or question.
(7) Subsections 25(3) and (4) (appeals from Supreme Court of a Territory) apply to appellate jurisdiction under this Division in a corresponding way to the way in which they apply to appellate jurisdiction under Division 2.