Document ID: chunk:federal_register_of_legislation:C2024C00723:section:37
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 37
Character Range: 72199–73021

37  Court divided in opinion
  If the Judges constituting a Full Court of the Federal Circuit and Family Court of Australia (Division 1) for the purposes of any proceeding are divided in opinion as to the judgment to be pronounced:
 (a) if there is a majority—judgment is to be pronounced according to the opinion of the majority; or
 (b) if the Judges are equally divided in opinion:
 (i) in a case of an appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 1), 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 a member of the Full Court, the opinion of the most senior Judge who is a member of the Full Court, is to prevail.