Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 20

             (1)  Except as otherwise provided by this Act or any other Act, the original jurisdiction of the Court shall be exercised by a single Judge.

          (1A)  If the Chief Justice considers that a matter coming before the Court in the original jurisdiction of the Court is of sufficient importance to justify the giving of a direction under this subsection, the Chief Justice may direct that the jurisdiction of the Court in that matter, or a specified part of that matter, shall be exercised by a Full Court.

             (2)  Subject to subsections (3) and (5), the jurisdiction of the Court in a matter coming before the Court from a tribunal or authority (other than a court) while constituted by, or by members who include, a person who is a Judge of the Court or of another court created by the Parliament shall be exercised by a Full Court.

             (3)  If the matter coming before the Court as mentioned in subsection (2) is an application:

                     (a)  for leave or special leave to institute proceedings in the Court; or

                     (b)  for an extension of time within which to institute proceedings in the Court; or

                     (c)  for leave to amend the grounds of an application or appeal to the Court; or

                     (d)  to stay a decision of the tribunal or authority mentioned in subsection (2);

the matter may be heard and determined by a single Judge or by a Full Court.

             (4)  The Rules of Court may make provision enabling applications of the kind mentioned in subsection (3) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

             (5)  In a matter coming before the Court as mentioned in subsection (2), a single Judge or a Full Court may:

                     (a)  join or remove a party; or

                     (b)  make an order (including an order for costs) by consent disposing of the matter; or

                     (c)  make an order that the matter be dismissed for want of prosecution; or

                     (d)  make an order that the matter be dismissed for:

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

                             (ii)  failure of the applicant to attend a hearing relating to the matter; or

                    (da)  vary or set aside an order under paragraph (c) or (d); or

                     (e)  give directions about the conduct of the matter, including directions about:

                              (i)  the use of written submissions; and

                             (ii)  limiting the time for oral argument.

             (6)  The Rules of Court may make provision enabling the powers in subsection (5) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.