FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 16 Court divided in opinion

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 16

    If the Judges constituting a Full Court for the purposes of any proceeding are divided in opinion as to the judgment to be pronounced, judgment shall be pronounced according to the opinion of the majority, if there is a majority, but, if the Judges are equally divided in opinion:

  (a)   in the case of an appeal from a judgment of the Court constituted by a single Judge, or of the Supreme Court of a State or Territory--the judgment appealed from shall be affirmed; and

  (b)   in any other case--the opinion of the Chief Justice or, if he or she is not a member of the Full Court, the opinion of the senior Judge who is a member of the Full Court, shall prevail.