Document ID: chunk:federal_register_of_legislation:C2024C00723:section:34
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 34
Character Range: 67951–69706

34  Cases stated and questions reserved
 (1) The following have effect:
 (a) a court from which appeals lie to the Federal Circuit and Family Court of Australia (Division 1) 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 Federal Circuit and Family Court of Australia (Division 1);
 (b) the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to hear and determine the case or question.
 (2) The jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) under subsection (1):
 (a) if the court stating the case or reserving the question is not the Federal Circuit and Family Court of Australia (Division 2) or the Magistrates Court of Western Australia—must be exercised by a Full Court; or
 (b) if the court stating the case or reserving the question is the Federal Circuit and Family Court of Australia (Division 2) or the Magistrates Court of Western Australia—must be exercised by:
 (i) a single Judge; or
 (ii) if the Chief Justice considers that it is appropriate for the jurisdiction of the Court in relation to the matter to be exercised by a Full Court—a Full Court.
 (3) Subject to any other Act, the Federal Circuit and Family Court of Australia (Division 1) may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the court stating the case or reserving the question.
 (4) A court referred to in subsection (1) must not state a case or reserve a question concerning a matter referred to in that subsection to a court other than the Federal Circuit and Family Court of Australia (Division 1).