Queensland Bar Exam - Procedure Questions and Answers Grade A+

What is the jurisdiction of the District Court of Qld? All civil personal actions up to 750k (68) Grant relief with all power of supreme court (69) What is the jurisdiction of the Magistrates Court of Qld? All civil personal actions up to 150k (4) What are the facts of Spencer v Cth? Fed Summary dismissal at trial and on appeal overturned by the High Court Spencer claimed that commonwealth legislation and intergovernmental agreements affected acquisitions of his property other than on just terms (Constitution) - State restricted ability to clear native vegetation, effectively amounting to acquisition of interest in land. Master01 | October, 2024/2025 | Latest update 1 | P a g e | © copyright 2024/2025 | Grade A+ What was held in Spencer v Cth? Fed - Summary dismissal should not be awarded where: 1. Factual issues are capable of dispute (reasonable prospect = more than fanciful) 2. Preclusions by existing authority not necessarily lethal unless binding High Court precedent 3. Complex issues of fact (simpler facts, easier to award) - More likely where legal question only - no factual dispute What are the facts of Aon risk v ANU? Fed 1. Late application for leave to amend - Amendments required completely new defence, - trial date set and missed, - no explanation given, - chance of multiplicity of proceedings low, - real issues brought to attention earlier What was held in Aon risk v ANU? Fed Master01 | October, 2024/2025 | Latest update 1 | P a g e | © copyright 2024/2025 | Grade A+ Amendment disallowed on public policy grounds Apply UCPR 5 - objectives, 375 - leave to amend 1. Justice vs wider public interest in efficient use of limited court resources 2. Costs alone inadequate as remedy - cannot cure all forms of prejudice What are the facts of Vaughan v Bonjiorno? State Mareva relief was sought - evidence in this case deemed both inadmissible and alternatively insufficient What was held in Vaughan v Bonjiorno? State 2 factors Master01 | October, 2024/2025 | Latest update 1 | P a g e | © copyright 2024/2025 | Grade A+ Mareva relief requires: 1. Prima facie cause of action - serious question to be tried on fact and law - Beauchamp: if evidence remains as is, plaintiff entitled to relief 2. Danger judgment will not be satisfied upon plaintiff success - due to absconding asset removal or disposal - standard apprehension of disposal What was held in Tyler v Custum Credit? State, UCPR389 Master01 | October, 2024/2025 | Latest update 1 | P a g e | © copyright 2024/2025 | Grade A+ Procedure, continuation of proceeding after delay - Delay contrary to efficient administration UCPR5 - Onus on applicant to show strike appropriate - Court considers factors for example length prospect disobedience