QLD BAR PRACTICE QUESTIONS AND
ANSWERS
Jurisdiction - CORRECT ANSWER-District Court: Monetary
Limit of $750,000 ($150,000-$750,000) + matters it can hear.
Magistrates Court: Monetary Limit of $150,000
District Court Act 1967 (Qld) s68
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
Practice Direction 1 of 2023 - CORRECT ANSWER-
Commercial List for efficient commercial litigation -
requirements?
r250 UCPR - CORRECT ANSWER-r250 Inspection, detention,
custody and preservation of property
Practice Direction 1 of 2007 - CORRECT ANSWER-"Freezing
Orders" (also known as "Mareva Orders" or "Asset
Preservation Orders")
What is the significance and function of practice directions? -
CORRECT ANSWER-Practice directions are procedural
guidelines issued by judges in the Courts. The directions are
,designed to complement existing legislation, rules and
regulations and may refer to issues including the use of the
court precinct, appearances by practitioners and parties, and
case management.
Practice Direction 2 of 2007 - CORRECT ANSWER-"Search
Orders" (also known as "Anton Piller Orders")
Practice Direction No. 11 of 2012 - CORRECT ANSWER-
"Supervised Case List"
Purpose: Supervise cases for maximum utilisation of time
allocated to hearings on cases, they are managed/prepared
properly and costs commensurate to a just hearing.
Matter placed on list where trial estimate is more than 5 days.
What is the supervised case list? - CORRECT ANSWER-A list
assigned to a supervising judge, where parties are required to
attend regular reviews and confer regarding directions,
management, an attempt at ADR and trial preparation.
What is the commercial list? - CORRECT ANSWER-
Vaughan v Bonjiorno [2007] NSWSC 1398 - CORRECT
ANSWER-Dealing with a interlocutory injunction (a freezing
order) where Court held there must be a prima facie case,
meaning of 'prima facie' and evidence of the prima facie case.
Prima facie does not mean a better than 50% chance of
success.
Court needs to consider whether the evidence put forward in
the application is admissible at trial in its current form.
Tyler v Custom Credit Corp Limited [2000] QCA 178 -
CORRECT ANSWER-12 Factors for leave to continue after
delay or dismissal for want of prosecution:
1. How long ago events in statement of claim occurred
, 2. How long ago litigation commenced or causes of action
added
3. What prospects plaintiff has of success in action
4. Whether or not disobedience of court orders or directions
5. Whether or not litigation categorized by period of delay in
between taking steps
6. Whether delay attributable to P, D or both
7. Whether impecuniosity of P has been responsible for delay
in litigation, and whether or not D responsible for P's
impecuniosity
8. Could litigation be concluded by striking out P's claim
9. How far litigation has progressed 10. Whether or not delay
caused by P's lawyers
11. Whether explanation for delay
12. Whether delay resulted in prejudice to D leading to inability
to conduct fair trial
AON Risk Services v ANU [2009] HCA 2007 - CORRECT
ANSWER-Goes to effect of amendments, potential for
prejudice and case management principles.
A party has no 'right' to amendment in ALL circumstances.
Amendments are not meant to start new claims (unless rising
from substantially the same facts), especially if brought during a
time set for trial.
Discretion takes into account whether there is prejudice to other
party.
+ more key rules
Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd
[2008] QSC 302* - CORRECT ANSWER-Requirement for a
direct explanation in denials/non-admissions per r 166 UCPR.
Requirements that a party provide a direct explanation fulfills
two important functions (the rationale):
ANSWERS
Jurisdiction - CORRECT ANSWER-District Court: Monetary
Limit of $750,000 ($150,000-$750,000) + matters it can hear.
Magistrates Court: Monetary Limit of $150,000
District Court Act 1967 (Qld) s68
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
Practice Direction 1 of 2023 - CORRECT ANSWER-
Commercial List for efficient commercial litigation -
requirements?
r250 UCPR - CORRECT ANSWER-r250 Inspection, detention,
custody and preservation of property
Practice Direction 1 of 2007 - CORRECT ANSWER-"Freezing
Orders" (also known as "Mareva Orders" or "Asset
Preservation Orders")
What is the significance and function of practice directions? -
CORRECT ANSWER-Practice directions are procedural
guidelines issued by judges in the Courts. The directions are
,designed to complement existing legislation, rules and
regulations and may refer to issues including the use of the
court precinct, appearances by practitioners and parties, and
case management.
Practice Direction 2 of 2007 - CORRECT ANSWER-"Search
Orders" (also known as "Anton Piller Orders")
Practice Direction No. 11 of 2012 - CORRECT ANSWER-
"Supervised Case List"
Purpose: Supervise cases for maximum utilisation of time
allocated to hearings on cases, they are managed/prepared
properly and costs commensurate to a just hearing.
Matter placed on list where trial estimate is more than 5 days.
What is the supervised case list? - CORRECT ANSWER-A list
assigned to a supervising judge, where parties are required to
attend regular reviews and confer regarding directions,
management, an attempt at ADR and trial preparation.
What is the commercial list? - CORRECT ANSWER-
Vaughan v Bonjiorno [2007] NSWSC 1398 - CORRECT
ANSWER-Dealing with a interlocutory injunction (a freezing
order) where Court held there must be a prima facie case,
meaning of 'prima facie' and evidence of the prima facie case.
Prima facie does not mean a better than 50% chance of
success.
Court needs to consider whether the evidence put forward in
the application is admissible at trial in its current form.
Tyler v Custom Credit Corp Limited [2000] QCA 178 -
CORRECT ANSWER-12 Factors for leave to continue after
delay or dismissal for want of prosecution:
1. How long ago events in statement of claim occurred
, 2. How long ago litigation commenced or causes of action
added
3. What prospects plaintiff has of success in action
4. Whether or not disobedience of court orders or directions
5. Whether or not litigation categorized by period of delay in
between taking steps
6. Whether delay attributable to P, D or both
7. Whether impecuniosity of P has been responsible for delay
in litigation, and whether or not D responsible for P's
impecuniosity
8. Could litigation be concluded by striking out P's claim
9. How far litigation has progressed 10. Whether or not delay
caused by P's lawyers
11. Whether explanation for delay
12. Whether delay resulted in prejudice to D leading to inability
to conduct fair trial
AON Risk Services v ANU [2009] HCA 2007 - CORRECT
ANSWER-Goes to effect of amendments, potential for
prejudice and case management principles.
A party has no 'right' to amendment in ALL circumstances.
Amendments are not meant to start new claims (unless rising
from substantially the same facts), especially if brought during a
time set for trial.
Discretion takes into account whether there is prejudice to other
party.
+ more key rules
Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd
[2008] QSC 302* - CORRECT ANSWER-Requirement for a
direct explanation in denials/non-admissions per r 166 UCPR.
Requirements that a party provide a direct explanation fulfills
two important functions (the rationale):
