Queensland Bar Exam: Practice and Procedure study guide
Queensland Bar Exam: Practice and Procedure · Work through your exam, one topic at a time.
The Queensland Bar Exam is the examination component of the pathway to becoming a barrister in Queensland, administered in connection with the Bar Practice Course by the Bar Association of Queensland. It is intended for solicitors and other qualified lawyers who wish to move to the private Bar and seek a practising certificate as a barrister. The published domain structure for this exam covers Practice and Procedure and the Bar Practice Course, with each domain weighted at 50 per cent. Practice and Procedure tests the procedural rules and practices governing civil and criminal litigation in Queensland courts, including pleadings, case management, evidence in practice and advocacy-related procedure. Topics on this exam: Practice and Procedure and Bar Practice Course. The Queensland Bar Exam: Practice and Procedure study guide has 2 sections and about 705 words.
01Queensland Practice and Procedure: Jurisdiction, Commencement and Case Flow
Practice and procedure questions test whether you can locate the right rule, court and step, not whether you can recite policy. Anchor yourself in the Uniform Civil Procedure Rules 1999 (Qld) (UCPR), the Supreme Court of Queensland Act 1991 (Qld), the District Court of Queensland Act 1967 (Qld) and the Magistrates Courts Act 1921 (Qld), read with the Acts Interpretation Act 1954 (Qld). Know the monetary and subject-matter limits dividing the Supreme, District and Magistrates Courts, and remember that jurisdictional limits are not cured by consent. Commencement by claim or originating application; the requirements for a valid claim and statement of claim; service (personal, substituted, and outside the jurisdiction); entering an appearance and the consequences of default; summary judgment, striking out and amendment; disclosure and interrogatories; and the case-flow regime of directions hearings, request for trial date and trial.
374 words, about 2 min02Bar Practice Course: Advocacy, Ethics and Courtroom Procedure
The Bar Practice Course tests the transition from knowing rules to performing them: drafting, advice, evidence in practice, ethics and courtroom conduct. Questions are typically scenario-based. You are given a brief set of facts and asked what you should do next, what application to make, or what duty governs. Duties to the court, to the client and to the administration of justice; the cab-rank principle and its exceptions; conflicts of interest; confidentiality and privilege; handling client money and trust obligations; and the obligation of candour when authority is against you.
331 words, about 2 min