QLD BAR EXAM – ETHICS WITH COMPLETE SOLUTIONS
GUARANTEED PASS (2025/2026)
Ken Tugrul v Tarrants Financial Consultants Pty Ltd [No.2]
[2013] NSWSC 1971 - ANSWER ->There should be no
communication (written or oral) with a judge's chambers in
connection with any proceedings without the knowledge and
consent of the other party other than in specific exceptional
cases:
(1) trivial matters of practice, procedure and administration;
(2) ex parte matters;
(3) responding to communication from court or where directed
to by court order / direction;
(4) exceptional circumstances.
AND:
· Sending an inappropriate communication with a disclosure of
the other party's lack of knowledge or consent does not cure
any impropriety.
,Legal Services Commissioner v Mullins [2006] QLPT 12 -
ANSWER ->Settlement negotiations anticipate a measure of
honesty from both parties.
Honesty extends outside of the courtroom
Cannot make a 'positive' claim on a dodgy claim
Tri-star Petroleum Company & Ors v Australia Pacific LNG Pty
Limited & Ors [2017] QSC 136 - ANSWER ->When express
undertakings as to disclosure of confidential information:
Default position there is a implied undertaking.
Sometimes an express is needed (by whom?)
• Party receiving compelled disclosure must not use it for an
unrelated purpose, unless it is received into evidence: Hearne v
Street. • Third parties also bound if aware of material's origins
in legal proceedings. • Implied undertaking usually enough to
protect confidentiality, but exceptional circumstances may
require express undertaking (e.g. trade rivals): Mobil Oil
Virgtel v Zabusky (No 2) [2009] 2 Qd R 293 - ANSWER ->Facts:
After hearing, Counsel forwarded further submissions to Court
in circumstances where further submissions had not been
requested and leave not been sought.
Key principles: Parties must make their submissions at the
hearing afforded them by the Court. Further submissions may
only provided if court requests or leave granted.
Outcome: Court declined to receive further submissions.
, Where are costs dealt with? - ANSWER ->Part 3.4 LPA
ss 220, 227 and 246 LPA - ANSWER ->Core LPA rules for Bar:
· Bar Association may make rules: s 220, LPA.
· Rules are binding: s 227, LPA.
· Barristers cannot hold or receive trust money: s 246, LPA.
Scope of work of a barrister? - ANSWER ->2011 Barristers' Rule:
rr 15-19
Rule 15 (e.g. appearing as an advocate, negotiating for the
client, giving legal advice, settling documents).
Must not perform work set out in Rule 17 (unless acting in a
private capacity: Rules 18-19).
Rule 5? - ANSWER ->Principles of Barristers duties, including but
not limited to: , honestly, fairly, skilfully, and with competence
and diligence; unaffected by personal interest.
Key restrictions as a barrister? - ANSWER ->Rule 16: Must be a
sole practitioner.
Rule 12: Must not engage in dishonest or discreditable conduct,
conduct prejudicial to justice administration, or that diminishes
public confidence.
Rule 13: Must not have another job that harms barrister's
reputation or ability to comply with duties.
Rule 14: Must not use barrister qualification for private
advantage or unrelated occupation.
Rule 24: Must not make anti-competitive arrangements.
GUARANTEED PASS (2025/2026)
Ken Tugrul v Tarrants Financial Consultants Pty Ltd [No.2]
[2013] NSWSC 1971 - ANSWER ->There should be no
communication (written or oral) with a judge's chambers in
connection with any proceedings without the knowledge and
consent of the other party other than in specific exceptional
cases:
(1) trivial matters of practice, procedure and administration;
(2) ex parte matters;
(3) responding to communication from court or where directed
to by court order / direction;
(4) exceptional circumstances.
AND:
· Sending an inappropriate communication with a disclosure of
the other party's lack of knowledge or consent does not cure
any impropriety.
,Legal Services Commissioner v Mullins [2006] QLPT 12 -
ANSWER ->Settlement negotiations anticipate a measure of
honesty from both parties.
Honesty extends outside of the courtroom
Cannot make a 'positive' claim on a dodgy claim
Tri-star Petroleum Company & Ors v Australia Pacific LNG Pty
Limited & Ors [2017] QSC 136 - ANSWER ->When express
undertakings as to disclosure of confidential information:
Default position there is a implied undertaking.
Sometimes an express is needed (by whom?)
• Party receiving compelled disclosure must not use it for an
unrelated purpose, unless it is received into evidence: Hearne v
Street. • Third parties also bound if aware of material's origins
in legal proceedings. • Implied undertaking usually enough to
protect confidentiality, but exceptional circumstances may
require express undertaking (e.g. trade rivals): Mobil Oil
Virgtel v Zabusky (No 2) [2009] 2 Qd R 293 - ANSWER ->Facts:
After hearing, Counsel forwarded further submissions to Court
in circumstances where further submissions had not been
requested and leave not been sought.
Key principles: Parties must make their submissions at the
hearing afforded them by the Court. Further submissions may
only provided if court requests or leave granted.
Outcome: Court declined to receive further submissions.
, Where are costs dealt with? - ANSWER ->Part 3.4 LPA
ss 220, 227 and 246 LPA - ANSWER ->Core LPA rules for Bar:
· Bar Association may make rules: s 220, LPA.
· Rules are binding: s 227, LPA.
· Barristers cannot hold or receive trust money: s 246, LPA.
Scope of work of a barrister? - ANSWER ->2011 Barristers' Rule:
rr 15-19
Rule 15 (e.g. appearing as an advocate, negotiating for the
client, giving legal advice, settling documents).
Must not perform work set out in Rule 17 (unless acting in a
private capacity: Rules 18-19).
Rule 5? - ANSWER ->Principles of Barristers duties, including but
not limited to: , honestly, fairly, skilfully, and with competence
and diligence; unaffected by personal interest.
Key restrictions as a barrister? - ANSWER ->Rule 16: Must be a
sole practitioner.
Rule 12: Must not engage in dishonest or discreditable conduct,
conduct prejudicial to justice administration, or that diminishes
public confidence.
Rule 13: Must not have another job that harms barrister's
reputation or ability to comply with duties.
Rule 14: Must not use barrister qualification for private
advantage or unrelated occupation.
Rule 24: Must not make anti-competitive arrangements.
