Document ID: chunk:federal_register_of_legislation:C2021A00013:clause:5_28:p2
Version: federal_register_of_legislation:C2021A00013
Segment Type: clause
Provision Reference: sch 5 cl 28 (pt 2/3)
Character Range: 291480–294108

provisions relating to the constitution of a Full Court, see item 32.
(4) If, on the day before the commencement day, a single Judge of the Family Court of Australia has reserved judgment on an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) in relation to an application or appeal mentioned in paragraph (1)(a), then, on or after the commencement day, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) must deliver the judgment on the procedural application.
Note: For provisions relating to the unavailability of a Judge, see item 33.
(5) Once judgment has been delivered on the procedural application, as mentioned in subitem (3) or (4), the application or appeal mentioned in paragraph (1)(a) is to be dealt with by the Federal Circuit and Family Court of Australia (Division 1) as required by subitem (1).

Federal Circuit and Family Court of Australia (Division 1) to deal with other applications of a procedural nature
(6) If, on the day before the commencement day:
 (a) an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) exists in relation to an application or appeal mentioned in paragraph (1)(a); and
 (b) subitems (3) and (4) do not apply;
the Federal Circuit and Family Court of Australia (Division 1) must deal with the procedural application before dealing with the application or appeal mentioned in paragraph (1)(a) as required by subitem (1), and for this purpose, subitem (2) applies.

Full Court divided in opinion
(7) If the Judges constituting the Full Court of the Federal Circuit and Family Court of Australia (Division 1) are divided in opinion as to the judgment to be pronounced on an application of a procedural nature:
 (a) if there is a majority—judgment is be pronounced according to the opinion of the majority; and
 (b) if the Judges are equally divided in opinion:
 (i) in the case of an appeal from a judgment of the Family Court of Australia constituted by a single Judge, or of a Family Court of a State or the Supreme Court of a State or Territory—the judgment appealed from is to be affirmed; and
 (ii) in any other case—the opinion of the Chief Justice or, if the Chief Justice is not one of the Judges constituting the Full Court, the opinion of the most senior of the Judges constituting the Full Court is to prevail.

Jurisdiction to hear applications of a procedural nature
(8) To avoid doubt:
 (a) a Full Court of the Federal Circuit and Family Court of Australia (Division 1) has jurisdiction to deal with an application of a