Section 37 — Federal Circuit and Family Court of Australia Act 2021: Court divided in opinion

If the Judges constituting a Full Court of the Federal Circuit and Family Court of Australia (Division 1) for the purposes of any proceeding 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; or (b) if the Judges are equally divided in opinion: (i) in a case of an appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 1), a Family Court of a State or the Supreme Court of a State or Territory—the judgment appealed from is to be affirmed; and (ii) in any other case—the opinion of the Chief Justice or, if the Chief Justice is not a member of the Full Court, the opinion of the most senior Judge who is a member of the Full Court, is to prevail.