55Appeals to the High Court

#### 55 Appeals to the High Court (1) An appeal must not be brought directly to the High Court from: (a) a judgment of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) in the exercise of its appellate jurisdiction in relation to a judgment mentioned in paragraph 26(1)(e); or (b) a judgment of the Federal Circuit and Family Court of Australia (Division 1) in the exercise of its original jurisdiction. > Note: See also subsection (6). (2) An appeal must not be brought directly to the High Court from a judgment of the Federal Circuit and Family Court of Australia (Division 1), whether constituted by a Full Court or a single Judge, in the exercise of its appellate jurisdiction (other than a judgment mentioned in paragraph (1)(a)), except by special leave of the High Court. (3) An appeal must not be brought to the High Court from a judgment of the Federal Circuit and Family Court of Australia (Division 1), 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 32(2); or (b) an order under section 38; or (c) 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. (4) The fact that there has been, or can be, no appeal to the High Court from an interlocutory judgment of the Federal Circuit and Family Court of Australia (Division 1) 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. (5) 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. (6) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were added at the end of subsection (1).