Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 14

14. Section 28 of the Principal Act is amended-

         (a)  by omitting from sub-section (2) ''one or more Judges'' and
substituting ''one Judge or by a Full Court'';

   (b)  by inserting after sub-section (2) the following sub-section:

''(2A) Nothing in this Act prevents a Judge who is a member of the Appeal
Division from exercising the jurisdiction of the Court that, under sub-section
(1) or (2), may be exercised by one or more Judges.''; and

   (c)  by omitting sub-sections (4) and (4A) and substituting the following
        sub-section:

''(4) Where, after a Full Court (including a Full Court constituted in
accordance with this sub-section) has commenced the hearing, or further
hearing, of proceedings and before the proceedings have been determined, one
of the Judges constituting the Full Court dies, resigns his office, ceases to
be a member of the Court by reason that the term of his appointment expires or
otherwise becomes unable to continue as a member of the Full Court for the
purposes of the proceedings, then the hearing and determination, or the
determination, of the proceedings may be completed-

   (a)  if only 2 Judges remain and one of those Judges is assigned to the
        Appeal Division, or if more than 2 Judges remain and a majority of
        those Judges are assigned to the Appeal Division-by the Court
        constituted by the remaining Judges; or

   (b)  with the consent of the parties-by the Court constituted by the
        remaining Judge or Judges and an additional Judge or Judges, where a
        majority of the Judges constituting the Court are assigned to the
        Appeal Division.''.