Document ID: chunk:federal_register_of_legislation:C2009A00117:clause:2_32
Version: federal_register_of_legislation:C2009A00117
Segment Type: clause
Provision Reference: sch 2 cl 32
Character Range: 18729–20406

32  After subsection 33(4)
Insert:
 (4A) An appeal must not be brought to the High Court from a judgment of a Full Court of the Court exercising the original jurisdiction of the Court if the judgment is:
 (a) a determination of an application of the kind mentioned in subsection 20(3); or
 (b) a decision to join or remove a party, or not to join or remove a party; or
 (d) a decision to adjourn or expedite a hearing or to vacate a hearing date.
 (4B) An appeal must not be brought to the High Court from a judgment of the Court (whether constituted by a Full Court or a single Judge) in the exercise of its appellate jurisdiction if the judgment is:
 (a) a determination of an application of the kind mentioned in subsection 25(2); or
 (b) a decision to join or remove a party, or not to join or remove a party; or
 (c) an order under section 29; or
 (e) a decision to grant or refuse leave to defend a proceeding; or
 (f) a decision to reinstate an appeal that was taken to have been abandoned or dismissed; or
 (g) a decision to extend the time for making an application for leave to appeal; or
 (h) a decision to adjourn or expedite a hearing or to vacate a hearing date.
 (4C) The fact that there has been, or can be, no appeal to the High Court from an interlocutory judgment of the Court in a proceeding does not prevent:
 (a) a party from founding an appeal from a final judgment in the proceeding on the interlocutory judgment; or
 (b) the High Court from taking account of the interlocutory judgment in determining:
 (i) an appeal from a final judgment in the proceeding; or
 (ii) an application for special leave to appeal from a final judgment in the proceeding.