Section 17 — Federal Circuit and Family Court of Australia Act 2021: Constitution of a Full Court

(1) A Full Court of the Federal Circuit and Family Court of Australia (Division 1) consists of 3 or more Judges sitting together or, to the extent allowed by subsection (2), of 2 Judges sitting together. (2) If, after a Full Court has started the hearing, or further hearing, of a proceeding and before the proceeding has been determined, one of the Judges constituting the Full Court dies, resigns the Judge’s office or otherwise becomes unable to continue as a member of the Full Court for the purposes of the proceeding, then the hearing and determination, or the determination, of the proceeding may be completed by a Full Court constituted by the remaining Judges, if: (a) at least 3 Judges remain; or (b) 2 Judges remain and the parties consent. (3) A Full Court of the Federal Circuit and Family Court of Australia (Division 1) constituted in accordance with subsection (2) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court as previously constituted.