Commonwealth Numbered Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 No. 156 of 1976 - SECT 14

14. (1) For the purposes of the exercise of the jurisdiction of the Court, the
Court may be constituted, in either Division, by a single Judge or as a
Full Court.

(2) A Full Court in a Division consists of 3 or more Judges sitting together
or, to the extent permitted by sub-section (3), of 2 Judges sitting together,
and, subject to sub-sections (3) and (4) a Full Court in a Division shall
include not less than 3 Judges other than Judges attached to the other
Division.

(3) Where, after a Full Court (including a Full Court constituted in
accordance with this sub-section) has commenced the hearing, or further
hearing, of a proceeding and before the proceeding has been determined, one of
the Judges constituting the Full Court dies, resigns his office or otherwise
becomes unable to continue as a member of the Full Court for the purposes of
the proceeding, then the hearing and determination, or the determination, of
the proceeding may be completed by a Full Court constituted by the remaining
Judges, if at least 3 Judges remain or, if the remaining Judges are 2 in
number and the parties consent, by a Full Court constituted by the remaining
Judges.

(4) In the application of sub-section (3) in relation to an appeal from a
judgment of the Supreme Court of a Territory constituted by 2 or more Judges,
the reference in that sub-section to 3 Judges shall be read as a reference to
5 Judges and the reference in that sub-section to Judges who are 2 in number
shall be read as a reference to Judges who are 4 in number.

(5) A Full Court constituted in accordance with sub-section (3) or (4) may
have regard to any evidence given or received, and arguments adduced, by or
before the Full Court as previously constituted.

(6) The Court constituted by one or more Judges may sit and exercise the
jurisdiction of the Court notwithstanding that the Court constituted by one or
more other Judges is at the same time sitting and exercising the jurisdiction
of the Court.