Commonwealth Numbered Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 No. 156 of 1976 - SECT 16

16. If the Judges constituting a Full Court for the purposes of any proceeding
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 Court constituted by a
        single Judge, or of 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 Judge or, if he is not a
        member of the Full Court, the opinion of the senior Judge who is a
        member of the Full Court, shall prevail.