Queensland Bar Exam: Practice and Procedure cheat sheet

Originating process in the Supreme Court is a claim (UCPR r 8), filed and served with a statement of claim; a notice of claim may precede the claim where urgent relief is needed.

Time for service: a claim must be served within 6 months of filing (UCPR r 24); service may be renewed before or after expiry on application.

Defence is due within 28 days after service of the claim (UCPR r 139); a counterclaim is pleaded in the defence and served on all parties.

Default judgment requires an affidavit of service and proof that no defence was filed within time; it is unavailable against a person under a legal incapacity without leave.

Summary judgment under UCPR ch 13 requires evidence that the defendant has no real prospect of successfully defending and no need for a trial; the application must be served with supporting affidavits.

A party may amend a pleading once before the close of pleadings without leave; after that, leave is required, and amendment may be refused if it causes prejudice not curable by costs.

Disclosure under UCPR r 211 requires each party to disclose documents directly relevant to an allegation in issue, in the party's possession or control; privilege is claimed, not waived, by listing.

Interrogatories require leave and are limited to matters directly relevant to an issue; answers are verified on oath and may be tendered at trial.

Costs follow the event under UCPR r 681 unless the court orders otherwise; a Calderbank offer or offer of compromise can displace the default costs order.

Advocacy structure: opening identifies the issue and the order sought; examination-in-chief uses open questions; cross-examination uses leading questions confined to the opponent's case.

Evidence objections must state the ground: relevance, hearsay, opinion, tendency or coincidence, credibility, or a statutory exclusion such as s 90 or s 137 of the Evidence Act 1977 (Qld).

Ethical duties: a barrister must not mislead the court, must cite adverse authority, and must return briefs where a conflict of interest arises (Barristers' Conduct Rules).

Client interview sequence: identify the client's objective, establish the facts chronologically, identify the cause of action, advise on prospects, and confirm instructions in writing.

Pleading draft: each material fact in a separate numbered paragraph; particulars of fraud, misrepresentation, and negligence must be pleaded specifically.

Time limits: personal injury claims in Queensland generally require a notice of claim under the Personal Injuries Proceedings Act 2002 within 9 months of the incident, with a 3-year limitation period.

Court hierarchy: Magistrates Court civil jurisdiction to $150,000; District Court to $750,000; Supreme Court unlimited; appeals go to the next court up.

Written submissions: state the issue, the applicable principle with authority, the application to the facts, and the order sought, in that order.

Conferencing and mediation: a barrister must advise the client of settlement options and may not settle without authority; a mediation agreement is enforceable as a contract.