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FEDERAL COURT OF AUSTRALIA ACT 1976 No. 156 of 1976 - SECT 26
Cases stated and questions reserved.
26. (1) A court from which appeals lie to the Court may state any case or
reserve any question concerning a matter with respect to which such an appeal
would lie from a judgment of the first-mentioned court for the consideration
of the Court and the Court has jurisdiction to hear and determine the case or
question.
(2) The jurisdiction of the Court under sub-section (1) shall be exercised in
the Division in which an appeal from a judgment, in relation to the matter
concerned, of the court stating the case or reserving the question would be
heard and determined and, subject to any other Act-
(a) where the court stating the case or reserving the question is a court
of summary jurisdiction-may be exercised by one Judge or by a
Full Court; or
(b) where the court stating the case or reserving the question is not a
court of summary jurisdiction-shall be exercised by a Full Court.
(3) A court referred to in sub-section (1) shall not state a case, or reserve
or refer a question concerning a matter referred to in that sub-section, to a
court other than the Court.
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