NSW Bar Exam study guide
NSW Bar Exam · Work through your exam, one topic at a time.
The NSW Bar Exam is the written examination that sits at the centre of the process of becoming a barrister in New South Wales. It is intended for readers who have completed the academic and practical training stages required by the legal profession's rules and who now need to demonstrate that they can analyse problems, identify the governing principle, apply it to facts, and reach a defensible conclusion under time pressure. The NSW Bar Exam study guide has 8 sections and about 2,057 words.
01Civil Procedure and Evidence
A candidate must know the source and limits of jurisdiction (Federal Court, Supreme Court, Local/District Court monetary limits), the requirements of an originating process, service (personal, substituted, and service outside Australia under the relevant rules), and the entering of an appearance. Interlocutory practice matters: notices of motion, affidavits, directions hearings, and the court's case-management powers including unless orders and costs sanctions for non-compliance.
312 words, about 2 min02Criminal Procedure and Evidence
Candidates must understand police powers (arrest, search, detention, and the requirement of reasonable suspicion), the caution and right to silence, bail considerations, the committal process, charge negotiation, and the trial process including arraignment, empanelment, and verdict. Know the difference between summary and indictable offences and the availability of judge-alone trials.
273 words, about 1 min03Contracts and Torts
Know formation (offer, acceptance, consideration, intention, certainty), the objective theory of contract, and the distinction between pre-contractual representations and terms. Understand incorporation of terms, parol evidence, implied terms, and the construction of exclusion clauses ( contra proferentem ).
265 words, about 1 min04Equity and Trusts
Understand the maxims of equity, the nature of equitable interests, and the remedies of specific performance, injunction (including Mareva and Anton Piller orders), and rectification. Study fiduciary duties (no conflict, no profit, and the consequences of breach), the doctrine of unconscionable dealing, estoppel (promissory and proprietary), and the Barnes v Addy limbs for third-party liability.
245 words, about 1 min05Property and Land Law
Understand the Torrens system: indefeasibility of title, the exceptions (fraud, in personam claims, prior folio, and statutory exceptions), and the effect of caveats and priority notices. Study the distinction between legal and equitable interests, the requirements for creating easements and covenants, and the operation of part performance and the doctrine of conversion.
235 words, about 1 min06Corporations and Commercial Law
Know incorporation and its consequences (separate legal personality and limited liability), the corporate constitution, and the replaceable rules. Study directors' duties (care and diligence, good faith, proper purpose, avoiding conflicts, and not misusing position or information), the business judgment rule, and insolvent trading.
243 words, about 1 min07Administrative and Constitutional Law
Understand judicial review grounds: jurisdictional error, procedural fairness (the hearing rule and bias rule), relevant and irrelevant considerations, improper purpose, and unreasonableness. Know the distinction between judicial review and merits review, the role of tribunals, and the remedies (certiorari, mandamus, prohibition, and declarations).
245 words, about 1 min08Legal Ethics and Professional Responsibility
Understand the paramount duty to the court and the administration of justice, the duty to act competently and diligently, and the duty to follow lawful client instructions. Study the retainer, conflicts of interest (including former-client conflicts), confidentiality, and client legal privilege.
239 words, about 1 min