FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30CA Cases stated and questions reserved
FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 30CA
Cases stated and questions reservedCases/questions from proceedings other than committal proceedings
(1) A court in proceedings from which appeals lie under section 30AA (other than proceedings covered by subsection (2)) may state any case or reserve any question concerning a matter with respect to which such an appeal would lie for the consideration of the Court.
Cases/questions from committal proceedings
(2) If, in proceedings before a court of a State or Territory (the committals court ), the court:
(a) can, under subsection 68A(2) of the Judiciary Act 1903 , commit a person for trial or sentencing before either:
(ii) a superior court of the State or Territory; and
(b) can, under a law of the State or Territory, state a case or reserve a question for the consideration of that superior court;
the committals court may instead choose to state the case or reserve the question for the consideration of the Court.
(3) The Court has jurisdiction to hear and determine a case or question it receives under subsection (1) or (2).
(4) Subject to any other Act, this jurisdiction of the Court:
(a) if the court stating the case or reserving the question is not a court of summary jurisdiction--must be exercised by a Full Court; or
(b) otherwise--may be exercised by a single Judge or by a Full Court.
(5) A court must not state a case, or reserve a question
concerning a matter referred to in subsection (1), to a court other
than the Court.