Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 25

             (1)  The appellate jurisdiction of the Court shall, subject to this section and to the provisions of any other Act, be exercised by a Full Court.

          (1A)  The appellate jurisdiction of the Court in relation to an appeal from a judgment, other than a migration judgment, of the Federal Magistrates Court is to be exercised by a Full Court unless the Chief Justice considers that it is appropriate for the appellate jurisdiction of the Court in relation to the appeal to be exercised by a single Judge.

       (1AA)  The appellate jurisdiction of the Court in relation to an appeal from a migration judgment of the Federal Magistrates Court is to be exercised by:

                     (a)  a single Judge; or

                     (b)  if a Judge considers that it is appropriate for the appellate jurisdiction of the Court in relation to the appeal to be exercised by a Full Court--a Full Court.

          (1B)  Subsections (1A) and (1AA) have effect subject to subsections (2) and (2B).

             (2)  Applications:

                     (a)  for leave or special leave to appeal to the Court; or

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

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

                     (d)  to stay an order of a Full Court;

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

          (2A)  The Rules of Court may make provision enabling applications of the kind mentioned in subsection (2) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

          (2B)  A single Judge or a Full Court may:

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

                    (aa)  give summary judgment; or

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

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

                    (bb)  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

                    (bc)  vary or set aside an order under paragraph (ba) or (bb); or

                     (c)  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.

          (2C)  The Rules of Court may make provision enabling matters of the kind mentioned in subsection (2B) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

             (3)  Except where the Chief Justice considers it impracticable for the Court to be so constituted, a Full Court of the Court for the exercise of jurisdiction in an appeal from a judgment of the Supreme Court of a Territory shall include at least one Judge who holds office as a Judge of the Supreme Court of that Territory.

             (4)  The jurisdiction of the Court in an appeal from a judgment of the Supreme Court of a Territory constituted by 2 or more Judges shall be exercised by a Full Court of the Court constituted by not less than 5 Judges.

             (5)  Subject to any other Act, the jurisdiction of the Court in an appeal from a judgment of a Court of summary jurisdiction may be exercised by one Judge or by a Full Court.

             (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 and the Full Court has jurisdiction to hear and determine the case or question.

             (7)  In this section:

"migration judgment" means a judgment involving the exercise of the jurisdiction of the Federal Magistrates Court under section 476 of the Migration Act 1958 .