Commonwealth Consolidated Acts

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Court divided in opinion

                   If the Judges constituting the Court for the purposes of any proceedings are divided in opinion as to the judgment to be pronounced, judgment shall be pronounced according to the opinion of the majority, if there is a majority, but, if the Judges are equally divided in opinion:

                     (a)  in the case of an appeal from a judgment of the Family Court constituted by a single Judge, or of a Family Court of a State or the Supreme Court of a State or Territory--the judgment appealed from shall be affirmed; and

                     (b)  in any other case--the opinion of the Chief Justice or, if he or she is not one of the Judges constituting the Court, the opinion of the most senior of those Judges, shall prevail.

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