Document ID: chunk:federal_register_of_legislation:C2021A00013:clause:5_30:p1
Version: federal_register_of_legislation:C2021A00013
Segment Type: clause
Provision Reference: sch 5 cl 30 (pt 1/2)
Character Range: 296615–299150

30  Matters before the Full Court of the Family Court of Australia

Judgment to be delivered by the Federal Circuit and Family Court of Australia (Division 1)
(1) If:
 (a) before the commencement day, a Full Court of the Family Court of Australia has heard, in whole or in part, any of the following:
 (i) an application made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;
 (ii) an appeal allowed by Part X of that Act;
 (iii) an appeal referred under subsection 96(5) of that Act;
 (iv) a special case for the opinion of the Full Court; and
 (b) on the day before the commencement day, either:
 (i) a substantive hearing of the application, appeal or special case has not concluded; or
 (ii) a substantive hearing of the application, appeal or special case has concluded, but judgment has not been delivered in relation to the application, appeal or special case;
then, on or after the commencement day, despite the amendments to the Family Law Act 1975 made by this Act, the Federal Circuit and Family Court of Australia (Division 1), constituted as a Full Court, must:
 (c) if required, conclude the substantive hearing of the application, appeal or special case; and
 (d) deliver the judgment in relation to the application, appeal or special case.

Regard may be had to prior evidence
(2) A Full Court of the Federal Circuit and Family Court of Australia (Division 1) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court of the Family Court of Australia, as constituted before the commencement day.

Reasons for decision may be given in short form in certain cases
(3) Except in the case of an appeal referred under subsection 96(5) of the Family Law Act 1975, if, in dismissing an appeal, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) is of the opinion that the appeal does not raise any question of general principle, it may give reasons for its decision in short form.

Full Court divided in opinion
(4) If the Judges constituting a Full Court of the Federal Circuit and Family Court of Australia (Division 1) 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; 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