Qld Bar Exam - Practice and Procedure Questions
with correct answers
What is the monetary jurisdiction of the District Court and the
Magistrates Court? Correct Answer-District Court: Monetary Limit of
$750,000 ($150,000-$750,000)
section 68 of the District Court Act 1967.
Magistrates Court: Monetary Limit of $150,000
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
What is the Commercial List Practice Direction? Correct Answer-
Supreme Court PD 1 of 2023 - Commercial List
Purpose: The purpose of the commercial list is for the just, expeditious
and efficient resolution of commercial matters at a minimum expense.
What is r 250 of the UCPR about? Correct Answer-Section governing
the inspection, detention, custody and preservation of property.
What is the Practice Direction for Mareva/Freezing Orders? Correct
Answer-Supreme Court Practice Direction 1 of 2007
What is the Practice Direction for Search Orders/Anton Piller Orders?
Correct Answer-Supreme Court Practice Direction 2 of 2007
,What is the Practice Direction governing the Supervised Case List?
Correct Answer-Supreme Court Practice Direction 11 of 2012
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.
Vaughan v Bongiorno Correct Answer-Test to get a Mareva injunction.
Court applied the test in Patterson v BTR Engineering (Aust) Ltd in
relation to two limb test for Mareva injunctions:
1. Applicant has a prima facie cause of action against D
2. There is a danger that D will abscond or remove assets from the
jurisdiction which will not be available to P if he succeeds.
Court also applied Beecham Group Limited v Bristol Laboratories Pty
Ltd - that if the evidence remains as it is, there is a probability that at the
trial the plaintiff will be held entitled to relief.
Tyler v Custom Credit Corp Limited Correct Answer-Test for whether
or not to dismiss an action for want of prosecution under r 280 OR give
leave to proceed under r 389. 12 Factors listed by Atkison J at [2]:
, 1. how long ago the events alleged in SOC occurred and what delay
there was before the litigation was commenced;
2. how long ago the litigation was commenced or causes of action were
added;
3. what prospects the plaintiff has of success in the action;
4. whether or not there has been disobedience of Court orders or
directions;
5. whether or not the litigation has been characterised by periods of
delay;
6. whether the delay is attributable to the plaintiff, the defendant or both
the plaintiff and the defendant;
7. whether or not the impecuniosity of the plaintiff has been responsible
for the pace of the litigation and whether the defendant is responsible for
the plaintiff's impecuniosity;
8. whether the litigation between the parties would be concluded by the
striking out of the plaintiff's claim;
with correct answers
What is the monetary jurisdiction of the District Court and the
Magistrates Court? Correct Answer-District Court: Monetary Limit of
$750,000 ($150,000-$750,000)
section 68 of the District Court Act 1967.
Magistrates Court: Monetary Limit of $150,000
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
What is the Commercial List Practice Direction? Correct Answer-
Supreme Court PD 1 of 2023 - Commercial List
Purpose: The purpose of the commercial list is for the just, expeditious
and efficient resolution of commercial matters at a minimum expense.
What is r 250 of the UCPR about? Correct Answer-Section governing
the inspection, detention, custody and preservation of property.
What is the Practice Direction for Mareva/Freezing Orders? Correct
Answer-Supreme Court Practice Direction 1 of 2007
What is the Practice Direction for Search Orders/Anton Piller Orders?
Correct Answer-Supreme Court Practice Direction 2 of 2007
,What is the Practice Direction governing the Supervised Case List?
Correct Answer-Supreme Court Practice Direction 11 of 2012
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.
Vaughan v Bongiorno Correct Answer-Test to get a Mareva injunction.
Court applied the test in Patterson v BTR Engineering (Aust) Ltd in
relation to two limb test for Mareva injunctions:
1. Applicant has a prima facie cause of action against D
2. There is a danger that D will abscond or remove assets from the
jurisdiction which will not be available to P if he succeeds.
Court also applied Beecham Group Limited v Bristol Laboratories Pty
Ltd - that if the evidence remains as it is, there is a probability that at the
trial the plaintiff will be held entitled to relief.
Tyler v Custom Credit Corp Limited Correct Answer-Test for whether
or not to dismiss an action for want of prosecution under r 280 OR give
leave to proceed under r 389. 12 Factors listed by Atkison J at [2]:
, 1. how long ago the events alleged in SOC occurred and what delay
there was before the litigation was commenced;
2. how long ago the litigation was commenced or causes of action were
added;
3. what prospects the plaintiff has of success in the action;
4. whether or not there has been disobedience of Court orders or
directions;
5. whether or not the litigation has been characterised by periods of
delay;
6. whether the delay is attributable to the plaintiff, the defendant or both
the plaintiff and the defendant;
7. whether or not the impecuniosity of the plaintiff has been responsible
for the pace of the litigation and whether the defendant is responsible for
the plaintiff's impecuniosity;
8. whether the litigation between the parties would be concluded by the
striking out of the plaintiff's claim;
