Federal Courts Act

Marginal note:Sittings of the Federal Court of Appeal

• 16 (1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Federal Court of Appeal, and every application for judicial review or reference to that court, shall be heard in that court before not fewer than three judges sitting together and always before an uneven number of judges. Otherwise, the business of the Federal Court of Appeal shall be dealt with by such judge or judges as the Chief Justice of that court may arrange.

• Marginal note:Arrangements to be made by Chief Justice of the Federal Court of Appeal

  (2) The Chief Justice of the Federal Court of Appeal shall designate the judges to sit from time to time and the appeals or matters to be heard by them.

• Marginal note:Place of sittings

  (3) The place of each sitting of the Federal Court of Appeal shall be arranged by the Chief Justice of that court to suit, as nearly as may be, the convenience of the parties.

• Marginal note:No judge to hear appeal from own judgment

  (4) A judge shall not sit on the hearing of an appeal from a judgment he or she has pronounced.

• Marginal note:Chief Justice of Federal Court of Appeal to preside

  (5) The Chief Justice of the Federal Court of Appeal, when present at any sittings of that court, shall preside and, in the absence of the Chief Justice, the senior judge of that court who is present shall preside.