Document ID: chunk:federal_register_of_legislation:C2021A00013:clause:5_33
Version: federal_register_of_legislation:C2021A00013
Segment Type: clause
Provision Reference: sch 5 cl 33
Character Range: 302474–303267

33  Unavailability of a Judge of the Federal Circuit and Family Court of Australia (Division 1)
(1) For the purposes of subitems 28(4) and 31(1), if the single Judge of the Federal Circuit and Family Court of Australia (Division 1) involved in hearing and determining the application or appeal is not available to deliver judgment in relation to the application or appeal, the Chief Justice must allocate another Judge of the Court to do so.
(2) The Judge of the Federal Circuit and Family Court of Australia (Division 1) so allocated:
 (a) may have regard to any evidence given or received, and arguments adduced, by or before the Judge of the Family Court of Australia before the commencement day; and
 (b) may receive further evidence or submissions, or hear further argument, if required.