Under what condition can a Federal Court judgment be delivered without all judges present?

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A Federal Court judgment can be delivered without all judges present under specific procedural rules.

A judgment of the Federal Court can be pronounced even if one or more of the judges who formed the bench are absent, provided that the judgment of any absent judge is read by another member of the Court or by the Registrar. This provision is outlined in Rule 63 of the Rules of the Federal Court 1995, which addresses the pronouncement of judgments. The rules stipulate that the judgment must be delivered in open court, either at the time of the appeal hearing or at a later, notified date.
Rule 63 Permits Pronouncement in Absentia

Rule 63(2) of the Rules of the Federal Court 1995 explicitly states that the pronouncement of a judgment is permissible notwithstanding the absence of any of the judges who composed the court. This means that the court's decision can still be formally delivered even if a judge is unable to attend the final pronouncement.
Absent Judge's Opinion Can Be Read

The same rule further clarifies that the judgment of any judge who is not present may be read aloud by another judge of the Federal Court or by the Registrar. This mechanism ensures that the collective decision of the bench can be communicated to the parties and the public, even in the event of an individual judge's unavoidable absence.
Adjournments Remain at the Court's Discretion

While Rule 63 provides for the delivery of judgments in the absence of judges, the decision to adjourn or postpone a judgment remains entirely at the court's discretion. As highlighted in the Federal Court's decision in Dato’ Sri Mohd Najib bin Hj Abdul Razak v Public Prosecutor $$2023$$, the law on adjournments is settled, granting the court absolute discretion in such matters.

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Under what condition can a Federal Court judgment be delivered without all judges present?

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