Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 33

  (1)   The jurisdiction of the High Court to hear and determine appeals from judgments of the Court, whether in civil or criminal matters, is subject to the exceptions and regulations prescribed by this section.

  (2)   Except as otherwise provided by another Act, an appeal shall not be brought to the High Court from a judgment of the Court constituted by a single Judge exercising the original jurisdiction of the Court.

  (3)   Except as otherwise provided by another Act, an appeal shall not be brought from a judgment of a Full Court of the Court unless the High Court gives special leave to appeal.

  (4)   An appeal must not be brought from a judgment of the Court constituted by a single Judge exercising the appellate jurisdiction of the Court unless the High Court gives special leave to appeal.

  (4A)   An appeal must not be brought to the High Court from a judgment of a Full Court of the Court exercising the original jurisdiction of the Court if the judgment is:

  (a)   a determination of an application of the kind mentioned in subsection   20(3); or

  (b)   a decision to do, or not to do, any of the following:

  (i)   join or remove a party;

  (ii)   adjourn or expedite a hearing;

  (iii)   vacate a hearing date.

  (4B)   An appeal must not be brought to the High Court from a judgment of the Court (whether constituted by a Full Court or a single Judge) in the exercise of its appellate jurisdiction if the judgment is:

  (a)   a determination of an application of the kind mentioned in subsection   25(2); or

  (c)   an order under section   29; or

  (d)   a decision to do, or not to do, any of the following:

  (i)   join or remove a party;

  (ii)   grant leave to defend a proceeding;

  (iii)   reinstate an appeal that was taken to have been abandoned or dismissed;

  (iv)   extend the time for making an application for leave to appeal;

  (v)   adjourn or expedite a hearing;

  (vi)   vacate a hearing date.

  (4C)   The fact that there has been, or can be, no appeal to the High Court from an interlocutory judgment of the Court in a proceeding does not prevent:

  (a)   a party from founding an appeal from a final judgment in the proceeding on the interlocutory judgment; or

  (b)   the High Court from taking account of the interlocutory judgment in determining:

  (i)   an appeal from a final judgment in the proceeding; or

  (ii)   an application for special leave to appeal from a final judgment in the proceeding.

  (6)   The jurisdiction of the High Court to hear and determine an appeal in accordance with this section shall be exercised by a Full Court of the High Court consisting of not less than 3 Justices.