What does Rule 63(2) of the Rules of the Federal Court 1995 permit?

Question

Accepted Answer

Rule 63(2) permits the Federal Court to pronounce a judgment even when some or all judges are absent
Rule 63(2) of the Rules of the Federal Court 1995 permits a judgment to be pronounced notwithstanding the absence of the judges who composed the court or any of them. It also allows the judgment of any judge not present to be read by another judge of the court or by the Registrar.
What Rule 63(2) allows during a judgment pronouncement
Rule 63(2) specifically addresses what happens when the judges who composed the court are not all present. It states that the court may still pronounce the judgment despite that absence.
How the judgment of an absent judge can be handled
Beyond allowing pronouncement without full bench attendance, Rule 63(2) also covers the mechanics for an absent judge’s part. It provides that the judgment of any judge not present may be read by a judge of the court or by the Registrar.
What the rule does not remove from the court’s control
While Rule 63(2) allows pronouncement despite absences, the decision to adjourn or postpone remains within the court’s control. The material states that adjournment or postponement is in the court’s absolute discretion.

Reading history

Hide →

This history is cleared when the page is closed.

What does Rule 63(2) of the Rules of the Federal Court 1995 permit?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends