FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 26 Cases stated and questions reserved

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 26

  (1)   A court from which appeals lie to the Court may state any case or reserve any question concerning a matter with respect to which such an appeal would lie from a judgment of the first - mentioned court for the consideration of the Court and the Court has jurisdiction to hear and determine the case or question.

  (2)   Subject to any other Act, the jurisdiction of the Court under subsection   (1):

  (a)   if the court stating the case or reserving the question is a court of summary jurisdiction--must be exercised by:

  (i)   a single Judge; or

  (ii)   if a Judge considers that it is appropriate for the jurisdiction of the Court in relation to the matter to be exercised by a Full Court--a Full Court; or

  (b)   if the court stating the case or reserving the question is not a court of summary jurisdiction--must be exercised by a Full Court.

  (3)   A court referred to in subsection   (1) shall not state a case, or reserve or refer a question concerning a matter referred to in that subsection, to a court other than the Court.