Commonwealth Numbered Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 No. 156 of 1976 - SECT 24

Appellate jurisdiction.
Division 2-Appellate and related Jurisdiction
24. (1) Subject to this section and to any other Act, whether passed before or
after the commencement of this Act (including an Act by virtue of which any
judgments referred to in this section are made final and conclusive or not
subject to appeal), the Court has jurisdiction to hear and determine-

   (a)  appeals from judgments of the Court constituted by a single Judge;

   (b)  appeals from judgments of the Supreme Court of a Territory; and

   (c)  in such cases as are provided by any other Act, appeals from judgments
        of a court of a State, other than a Full Court of the Supreme Court of
        a State, exercising federal jurisdiction.

(2) On or after the commencing day an appeal shall not be brought to the High
Court from a judgment of the Supreme Court of a Territory except-

   (a)  in accordance with special leave given by the High Court on or after
        the commencing day; or

   (b)  in accordance with leave or special leave given by the High Court or
        the Supreme Court before the commencing day.

(3) Subject to sub-section (4), an appeal does not lie to the Court from a
judgment of the Supreme Court of a Territory given before the commencing day.

(4) Where, immediately before the commencing day, a person has a right to
appeal (otherwise than in accordance with leave or special leave referred to
in sub-section (2)), or to seek leave or special leave to appeal, to the High
Court from a judgment of the Supreme Court of a Territory given before the
commencing day, that right is, by force of this section, converted into a
corresponding right to appeal, or to seek leave or special leave to appeal, to
the Court.

(5) A reference in this section to the Full Court of the Supreme Court of a
State shall be read as a reference to the Supreme Court of a State when
constituted by 2 or more judges, and includes the Supreme Court of a State
when so constituted for the purpose of sitting as the Court of Appeal of the
State. 


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