QLD BAR COMPREHENSIVE STUDY GUIDE
Question and Answer 2026 | Complete Exam
Review Pack | Grade A+
• Bale v Mills [2011] NSWCA 226 -✓✓Facts: After hearing, leave was given to "add any
references" to certain issues concerning the application of Browne v Dunn to the
proceedings. Both parties provided further submissions, instead of merely referring the
court to additional authorities or other references.
Key principles:
· Parties should not place before the court any further material after a hearing without,
or outside of, any leave given.
· Once a matter is reserved, the parties' rights to argument and to be heard have been
exhausted: Bale v Mills.
Outcome: Court ignored further submissions provided.
• Day v Perisher Blue Pty Ltd (2005) 62 NSWLR 731 -✓✓Proofs of evidence:
Case on lawyers who let witnesses communicate with each other about there evidence
on a group conference call.
Rule:
Lawyers must take proofs of evidence from lay witnesses separately and encourage
them not to discuss their evidence with others (in particular, with other potential
witnesses).
Encouraging witnesses to confer / collude can amount to unsatisfactory professional
conduct or worse.
• Ken Tugrul v Tarrants Financial Consultants Pty Ltd [No.2] [2013] NSWSC 1971 -
✓✓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 -✓✓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 -✓✓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 -✓✓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? -✓✓Part 3.4 LPA
• ss 220, 227 and 246 LPA -✓✓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? -✓✓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? -✓✓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? -✓✓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.
Question and Answer 2026 | Complete Exam
Review Pack | Grade A+
• Bale v Mills [2011] NSWCA 226 -✓✓Facts: After hearing, leave was given to "add any
references" to certain issues concerning the application of Browne v Dunn to the
proceedings. Both parties provided further submissions, instead of merely referring the
court to additional authorities or other references.
Key principles:
· Parties should not place before the court any further material after a hearing without,
or outside of, any leave given.
· Once a matter is reserved, the parties' rights to argument and to be heard have been
exhausted: Bale v Mills.
Outcome: Court ignored further submissions provided.
• Day v Perisher Blue Pty Ltd (2005) 62 NSWLR 731 -✓✓Proofs of evidence:
Case on lawyers who let witnesses communicate with each other about there evidence
on a group conference call.
Rule:
Lawyers must take proofs of evidence from lay witnesses separately and encourage
them not to discuss their evidence with others (in particular, with other potential
witnesses).
Encouraging witnesses to confer / collude can amount to unsatisfactory professional
conduct or worse.
• Ken Tugrul v Tarrants Financial Consultants Pty Ltd [No.2] [2013] NSWSC 1971 -
✓✓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 -✓✓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 -✓✓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 -✓✓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? -✓✓Part 3.4 LPA
• ss 220, 227 and 246 LPA -✓✓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? -✓✓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? -✓✓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? -✓✓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.
