Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Except as otherwise provided by this Act or any other Act, the original jurisdiction of the Court shall be exercised by a single Judge.
(1A) If the Chief Justice considers that a matter coming before the Court in the original jurisdiction of the Court is of sufficient importance to justify the giving of a direction under this subsection, the Chief Justice may direct that the jurisdiction of the Court in that matter, or a specified part of that matter, shall be exercised by a Full Court.
(1B) Subsection (1A) does not apply in relation to indictable primary proceedings.
(2) The jurisdiction of the Court in a matter coming before the Court from a tribunal or authority (other than a court) while constituted by, or by members who include, a person who is a Judge of the Court or of another court created by the Parliament shall be exercised by a Full Court.
(2A) Subsections (1A) and (2) have effect subject to subsections (3) and (5).
(a) for leave or special leave to institute proceedings in the Court; or
(b) for an extension of time within which to institute proceedings in the Court; or
(c) for leave to amend the grounds of an application or appeal to the Court; or
(d) to stay a decision of the tribunal or authority mentioned in subsection (2);
must be heard and determined by a single Judge unless:
(e) a Judge directs that the application be heard and determined by a Full Court; or
(f) the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.
(4) The Rules of Court may make provision enabling applications of the kind mentioned in subsection (3) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.
(5) In a matter coming before the Court as mentioned in subsection (1A) or (2), a single Judge (sitting in Chambers or in open court) or a Full Court may:
(a) join or remove a party; or
(aa) make an interlocutory order pending, or after, the determination of the matter by a Full Court; or
(b) make an order (including an order for costs) by consent disposing of the matter; or
(c) make an order that the matter be dismissed for want of prosecution; or
(d) make an order that the matter be dismissed for:
(i) failure to comply with a direction of the Court; or
(ii) failure of the applicant to attend a hearing relating to the matter; or
(da) vary or set aside an order under paragraph (aa), (c) or (d); or
(db) in relation to a civil matter, give directions under subsection 37P(2); or
(e) give other directions about the conduct of the matter, including directions about:
(i) the use of written submissions; and
(ii) limiting the time for oral argument.
(5A) An application for the exercise of a power mentioned in subsection (5) must be heard and determined by a single Judge unless:
(a) a Judge directs that the application be heard and determined by a Full Court; or
(b) the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.
(6) The Rules of Court may make provision enabling the powers in
subsection (5) to be exercised, subject to conditions prescribed by the
Rules, without an oral hearing either with or without the consent of the
parties.