Qld Bar Exam - Practice and Procedure questions with answers.

Qld Bar Exam
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Qld Bar Exam - Practice and Procedure
questions with answers

Jurisdiction - Correct Answer - District Court: Monetary Limit of $750,000 ($150,000-$750,000) +
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umatters it can hear. u u u




Magistrates Court: Monetary Limit of $150,000
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District Court Act 1967 (Qld) s68
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Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
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Practice Direction 1 of 2023 - Correct Answer - Commercial List for efficient commercial litigation -
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requirements?
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r250 UCPR - Correct Answer - r250 Inspection, detention, custody and preservation of property
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Practice Direction 1 of 2007 - Correct Answer - "Freezing Orders" (also known as "Mareva Orders" or
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"Asset Preservation Orders")
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What is the significance and function of practice directions? - Correct Answer - Practice directions are
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procedural guidelines issued by judges in the Courts. The directions are designed to complement
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existing legislation, rules and regulations and may refer to issues including the use of the court
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precinct, appearances by practitioners and parties, and case management.
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Practice Direction 2 of 2007 - Correct Answer - "Search Orders" (also known as "Anton Piller Orders")
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Practice Direction No. 11 of 2012 - Correct Answer - "Supervised Case List"
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Purpose: Supervise cases for maximum utilisation of time allocated to hearings on cases, they are
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managed/prepared properly and costs commensurate to a just hearing.
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Matter placed on list where trial estimate is more than 5 days.
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, Qld Bar Exam
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What is the supervised case list? - Correct Answer - A list assigned to a supervising judge, where
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parties are required to attend regular reviews and confer regarding directions, management, an
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attempt at ADR and trial preparation.
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What is the commercial list? - Correct Answer -
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Vaughan v Bonjiorno [2007] NSWSC 1398 - Correct Answer - Dealing with a interlocutory injunction (a
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freezing order) where Court held there must be a prima facie case, meaning of 'prima facie' and
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evidence of the prima facie case.
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Prima facie does not mean a better than 50% chance of success.
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Court needs to consider whether the evidence put forward in the application is admissible at trial in its
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current form.
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Tyler v Custom Credit Corp Limited [2000] QCA 178 - Correct Answer - 12 Factors for leave to continue
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after delay or dismissal for want of prosecution:
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1. How long ago events in statement of claim occurred
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2. How long ago litigation commenced or causes of action added
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3. What prospects plaintiff has of success in action
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4. Whether or not disobedience of court orders or directions
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5. Whether or not litigation categorized by period of delay in between taking steps
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6. Whether delay attributable to P, D or both
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7. Whether impecuniosity of P has been responsible for delay in litigation, and whether or not D
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responsible for P's impecuniosity
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8. Could litigation be concluded by striking out P's claim
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9. How far litigation has progressed 10. Whether or not delay caused by P's lawyers
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11. Whether explanation for delay
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12. Whether delay resulted in prejudice to D leading to inability to conduct fair trial
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AON Risk Services v ANU [2009] HCA 2007 - Correct Answer - Goes to effect of amendments, potential
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for prejudice and case management principles.
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A party has no 'right' to amendment in ALL circumstances.
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