Queensland Bar Exam – Procedure
(questions with answers)
What is the jurisdiction of the District Court of Qld? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔All civil
personal actions up to 150k (4)
What are the facts of Spencer v Cth? Fed - ** VERIFIED ANSWERS **✔✔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.
What was held in Spencer v Cth? Fed - ** VERIFIED ANSWERS **✔✔- 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 - ** VERIFIED ANSWERS **✔✔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 - ** VERIFIED ANSWERS **✔✔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 - ** VERIFIED ANSWERS **✔✔Mareva relief
was sought - evidence in this case deemed both inadmissible and alternatively insufficient
What was held in Vaughan v Bonjiorno? State 2 factors - ** VERIFIED ANSWERS **✔✔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
(questions with answers)
What is the jurisdiction of the District Court of Qld? - ** VERIFIED ANSWERS **✔✔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? - ** VERIFIED ANSWERS **✔✔All civil
personal actions up to 150k (4)
What are the facts of Spencer v Cth? Fed - ** VERIFIED ANSWERS **✔✔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.
What was held in Spencer v Cth? Fed - ** VERIFIED ANSWERS **✔✔- 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 - ** VERIFIED ANSWERS **✔✔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 - ** VERIFIED ANSWERS **✔✔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 - ** VERIFIED ANSWERS **✔✔Mareva relief
was sought - evidence in this case deemed both inadmissible and alternatively insufficient
What was held in Vaughan v Bonjiorno? State 2 factors - ** VERIFIED ANSWERS **✔✔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
