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Qld Bar Exam - Practice and Procedure
Questions and Correct Answers
Jurisdiction Ans: District Court: Monetary Limit of $750,000
($150,000-$750,000) + matters it can hear.
Magistrates Court: Monetary Limit of $150,000
District Court Act 1967 (Qld) s68
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
Practice Direction 1 of 2023 Ans: Commercial List for efficient
commercial litigation - requirements?
r250 UCPR Ans: r250 Inspection, detention, custody and
preservation of property
Practice Direction 1 of 2007 Ans: "Freezing Orders" (also known
as "Mareva Orders" or "Asset Preservation Orders")
What is the significance and function of practice directions? Ans:
Practice directions are procedural guidelines issued by judges in
the Courts. The directions are designed to complement existing
legislation, rules and regulations and may refer to issues including
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the use of the court precinct, appearances by practitioners and
parties, and case management.
Practice Direction 2 of 2007 Ans: "Search Orders" (also known as
"Anton Piller Orders")
Practice Direction No. 11 of 2012 Ans: "Supervised Case List"
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.
What is the supervised case list? Ans: A list assigned to a
supervising judge, where parties are required to attend regular
reviews and confer regarding directions, management, an attempt
at ADR and trial preparation.
Vaughan v Bonjiorno [2007] NSWSC 1398 Ans: Dealing with a
interlocutory injunction (a freezing order) where Court held there
must be a prima facie case, meaning of 'prima facie' and evidence
of the prima facie case.
© 2025 All rights reserved
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Prima facie does not mean a better than 50% chance of success.
Court needs to consider whether the evidence put forward in the
application is admissible at trial in its current form.
Tyler v Custom Credit Corp Limited [2000] QCA 178 Ans: 12
Factors for leave to continue after delay or dismissal for want of
prosecution:
1. How long ago events in statement of claim occurred
2. How long ago litigation commenced or causes of action added
3. What prospects plaintiff has of success in action
4. Whether or not disobedience of court orders or directions
5. Whether or not litigation categorized by period of delay in
between taking steps
6. Whether delay attributable to P, D or both
7. Whether impecuniosity of P has been responsible for delay in
litigation, and whether or not D responsible for P's impecuniosity
8. Could litigation be concluded by striking out P's claim
9. How far litigation has progressed 10. Whether or not delay
caused by P's lawyers
© 2025 All rights reserved
Qld Bar Exam - Practice and Procedure
Questions and Correct Answers
Jurisdiction Ans: District Court: Monetary Limit of $750,000
($150,000-$750,000) + matters it can hear.
Magistrates Court: Monetary Limit of $150,000
District Court Act 1967 (Qld) s68
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
Practice Direction 1 of 2023 Ans: Commercial List for efficient
commercial litigation - requirements?
r250 UCPR Ans: r250 Inspection, detention, custody and
preservation of property
Practice Direction 1 of 2007 Ans: "Freezing Orders" (also known
as "Mareva Orders" or "Asset Preservation Orders")
What is the significance and function of practice directions? Ans:
Practice directions are procedural guidelines issued by judges in
the Courts. The directions are designed to complement existing
legislation, rules and regulations and may refer to issues including
© 2025 All rights reserved
, 2 | Page
the use of the court precinct, appearances by practitioners and
parties, and case management.
Practice Direction 2 of 2007 Ans: "Search Orders" (also known as
"Anton Piller Orders")
Practice Direction No. 11 of 2012 Ans: "Supervised Case List"
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.
What is the supervised case list? Ans: A list assigned to a
supervising judge, where parties are required to attend regular
reviews and confer regarding directions, management, an attempt
at ADR and trial preparation.
Vaughan v Bonjiorno [2007] NSWSC 1398 Ans: Dealing with a
interlocutory injunction (a freezing order) where Court held there
must be a prima facie case, meaning of 'prima facie' and evidence
of the prima facie case.
© 2025 All rights reserved
, 3 | Page
Prima facie does not mean a better than 50% chance of success.
Court needs to consider whether the evidence put forward in the
application is admissible at trial in its current form.
Tyler v Custom Credit Corp Limited [2000] QCA 178 Ans: 12
Factors for leave to continue after delay or dismissal for want of
prosecution:
1. How long ago events in statement of claim occurred
2. How long ago litigation commenced or causes of action added
3. What prospects plaintiff has of success in action
4. Whether or not disobedience of court orders or directions
5. Whether or not litigation categorized by period of delay in
between taking steps
6. Whether delay attributable to P, D or both
7. Whether impecuniosity of P has been responsible for delay in
litigation, and whether or not D responsible for P's impecuniosity
8. Could litigation be concluded by striking out P's claim
9. How far litigation has progressed 10. Whether or not delay
caused by P's lawyers
© 2025 All rights reserved
