QUEENSLAND BAR FINAL
QUESTIONS AND ANSWERS
What is the jurisdiction of the District Court of Qld? - CORRECT
ANSWER-All civil personal actions up to 750k (68)
Grant relief with all power of supreme court (69)
What is the jurisdiction of the Magistrates Court of Qld? -
CORRECT ANSWER-All civil personal actions up to 150k (4)
What are the facts of Spencer v Cth? Fed - CORRECT
ANSWER-Summary dismissal at trial and on appeal overturned
by the High Court
Spencer claimed that commonwealth legislation and
intergovernmental agreements affected acquisitions of his
property other than on just terms (Constitution)
- State restricted ability to clear native vegetation, effectively
amounting to acquisition of interest in land.
What was held in Spencer v Cth? Fed - CORRECT ANSWER--
Summary dismissal should not be awarded where:
, 1. Factual issues are capable of dispute (reasonable prospect =
more than fanciful)
2. Preclusions by existing authority not necessarily lethal unless
binding High Court precedent
3. Complex issues of fact (simpler facts, easier to award)
- More likely where legal question only - no factual dispute
What are the facts of Aon risk v ANU? Fed - CORRECT
ANSWER-1. Late application for leave to amend
- Amendments required completely new defence,
- trial date set and missed,
- no explanation given,
- chance of multiplicity of proceedings low,
- real issues brought to attention earlier
What was held in Aon risk v ANU? Fed - CORRECT ANSWER-
Amendment disallowed on public policy grounds
Apply UCPR 5 - objectives, 375 - leave to amend
1. Justice vs wider public interest in efficient use of limited court
resources
2. Costs alone inadequate as remedy
- cannot cure all forms of prejudice
What are the facts of Vaughan v Bonjiorno? State - CORRECT
ANSWER-Mareva relief was sought - evidence in this case
deemed both inadmissible and alternatively insufficient
What was held in Vaughan v Bonjiorno? State 2 factors -
CORRECT ANSWER-Mareva relief requires:
1. Prima facie cause of action
- serious question to be tried on fact and law
- Beauchamp: if evidence remains as is, plaintiff entitled to
relief
2. Danger judgment will not be satisfied upon plaintiff success
QUESTIONS AND ANSWERS
What is the jurisdiction of the District Court of Qld? - CORRECT
ANSWER-All civil personal actions up to 750k (68)
Grant relief with all power of supreme court (69)
What is the jurisdiction of the Magistrates Court of Qld? -
CORRECT ANSWER-All civil personal actions up to 150k (4)
What are the facts of Spencer v Cth? Fed - CORRECT
ANSWER-Summary dismissal at trial and on appeal overturned
by the High Court
Spencer claimed that commonwealth legislation and
intergovernmental agreements affected acquisitions of his
property other than on just terms (Constitution)
- State restricted ability to clear native vegetation, effectively
amounting to acquisition of interest in land.
What was held in Spencer v Cth? Fed - CORRECT ANSWER--
Summary dismissal should not be awarded where:
, 1. Factual issues are capable of dispute (reasonable prospect =
more than fanciful)
2. Preclusions by existing authority not necessarily lethal unless
binding High Court precedent
3. Complex issues of fact (simpler facts, easier to award)
- More likely where legal question only - no factual dispute
What are the facts of Aon risk v ANU? Fed - CORRECT
ANSWER-1. Late application for leave to amend
- Amendments required completely new defence,
- trial date set and missed,
- no explanation given,
- chance of multiplicity of proceedings low,
- real issues brought to attention earlier
What was held in Aon risk v ANU? Fed - CORRECT ANSWER-
Amendment disallowed on public policy grounds
Apply UCPR 5 - objectives, 375 - leave to amend
1. Justice vs wider public interest in efficient use of limited court
resources
2. Costs alone inadequate as remedy
- cannot cure all forms of prejudice
What are the facts of Vaughan v Bonjiorno? State - CORRECT
ANSWER-Mareva relief was sought - evidence in this case
deemed both inadmissible and alternatively insufficient
What was held in Vaughan v Bonjiorno? State 2 factors -
CORRECT ANSWER-Mareva relief requires:
1. Prima facie cause of action
- serious question to be tried on fact and law
- Beauchamp: if evidence remains as is, plaintiff entitled to
relief
2. Danger judgment will not be satisfied upon plaintiff success
