QLD BAR EXAM TEST PAPER QUESTIONS
AND SOLUTIONS 100% CORRECT FOR THE
2026 FINAL.
⫸ What do you do if you communicate with the Court? Answer: · If
do communicate with the Court:
- With opponent's consent, communication must not go beyond scope
of consent given: Rule 55.
- In the absence of opponent, must promptly inform them of what
occurred: Rule 54.
- Should also advise court of reason for contacting with other party's
knowledge or consent, and always copy all parties: Tugrul v Tarrants
· Must inform opponent (and seek their consent to inform the Court)
as soon as possible upon believing on reasonable grounds that client
will make an application to adjourn any hearing: Rule 58.
⫸ Submissions and other material to court after hearing? Answer:
Rule: Bale v Mills; Virgtel v Zabusky:
· Once a matter is reserved, the parties' rights to argument and to be
heard have been exhausted (Bale v Mills.)
· Parties must make their submissions at the hearing afforded them by
the Court. Further submissions (or any other material) may only be
placed before the court after a hearing if the court requests it or leave
is granted: (Virgtel v Zabusky; Bale v Mills.)
,· If leave granted to provide further information or submissions to the
Court, materials provided must not exceed scope of leave granted:
(Bale v Mills.)
⫸ What are a prosecutor's duties? Answer: Rule: rr 82-94
⫸ RR 82-94? Answer: r82: A prosecutor must help the court find the
truth and provide all relevant evidence and legal submissions.
r83: A prosecutor must not push for a conviction beyond what the
evidence allows.
r84: A prosecutor must not use language or conduct that prejudices the
accused.
r85: A prosecutor must not argue a point of fact or law that they don't
believe has weight in the case.
r86: A prosecutor must disclose all relevant material to the defense,
except if it threatens the administration of justice or safety.
r87: If a prosecutor doesn't disclose material, they must consider
whether the charges should be withdrawn or reduced.
r88: A prosecutor must call all necessary witnesses unless they're
redundant or untrustworthy.
r89: If a prosecutor suspects material was obtained illegally, they must
inform the defense and provide a copy.
r90: A prosecutor must not interview an accused without their legal
representative present.
r91: A prosecutor must not mention evidence they don't believe exists.
r92: If a prosecutor learns evidence they mentioned doesn't exist, they
must inform the defense and court.
, r93: A prosecutor must assist the court in making a fair sentence and
avoid appealable error.
r94: A barrister assisting an investigative body must act according to
these rules as if the body is a court and any person is an accused.
⫸ Overarching duty of a criminal defence barrister? Answer:
OVERARCHING DUTY
Is to protect the client so far as possible from being convicted, except
by a competent tribunal and upon admissible evidence sufficient to
support a conviction for the offence charged. Having accepted a brief,
a defence lawyer is duty bound to defend the accused irrespective of
any personal belief about client's guilt.
⫸ Duties in defending a client? Answer: ADVICE ON PLEAS AND
GIVING EVIDENCE
Clients decide whether to plead guilty or give evidence
Counsel should provide adequate advice
Prudent to give advice and instructions in writing
DISCLOSURE OF PREVIOUS CONVICTIONS
No duty to disclose adverse material to the court
Must not actively mislead the court
Must not ask prosecution witness about past convictions
WHEN YOU THINK YOUR CLIENT IS GUILTY
Ensure confession is true and voluntary
Must not falsely suggest someone else committed the offence
Must not set up an affirmative case inconsistent with the confession
AND SOLUTIONS 100% CORRECT FOR THE
2026 FINAL.
⫸ What do you do if you communicate with the Court? Answer: · If
do communicate with the Court:
- With opponent's consent, communication must not go beyond scope
of consent given: Rule 55.
- In the absence of opponent, must promptly inform them of what
occurred: Rule 54.
- Should also advise court of reason for contacting with other party's
knowledge or consent, and always copy all parties: Tugrul v Tarrants
· Must inform opponent (and seek their consent to inform the Court)
as soon as possible upon believing on reasonable grounds that client
will make an application to adjourn any hearing: Rule 58.
⫸ Submissions and other material to court after hearing? Answer:
Rule: Bale v Mills; Virgtel v Zabusky:
· Once a matter is reserved, the parties' rights to argument and to be
heard have been exhausted (Bale v Mills.)
· Parties must make their submissions at the hearing afforded them by
the Court. Further submissions (or any other material) may only be
placed before the court after a hearing if the court requests it or leave
is granted: (Virgtel v Zabusky; Bale v Mills.)
,· If leave granted to provide further information or submissions to the
Court, materials provided must not exceed scope of leave granted:
(Bale v Mills.)
⫸ What are a prosecutor's duties? Answer: Rule: rr 82-94
⫸ RR 82-94? Answer: r82: A prosecutor must help the court find the
truth and provide all relevant evidence and legal submissions.
r83: A prosecutor must not push for a conviction beyond what the
evidence allows.
r84: A prosecutor must not use language or conduct that prejudices the
accused.
r85: A prosecutor must not argue a point of fact or law that they don't
believe has weight in the case.
r86: A prosecutor must disclose all relevant material to the defense,
except if it threatens the administration of justice or safety.
r87: If a prosecutor doesn't disclose material, they must consider
whether the charges should be withdrawn or reduced.
r88: A prosecutor must call all necessary witnesses unless they're
redundant or untrustworthy.
r89: If a prosecutor suspects material was obtained illegally, they must
inform the defense and provide a copy.
r90: A prosecutor must not interview an accused without their legal
representative present.
r91: A prosecutor must not mention evidence they don't believe exists.
r92: If a prosecutor learns evidence they mentioned doesn't exist, they
must inform the defense and court.
, r93: A prosecutor must assist the court in making a fair sentence and
avoid appealable error.
r94: A barrister assisting an investigative body must act according to
these rules as if the body is a court and any person is an accused.
⫸ Overarching duty of a criminal defence barrister? Answer:
OVERARCHING DUTY
Is to protect the client so far as possible from being convicted, except
by a competent tribunal and upon admissible evidence sufficient to
support a conviction for the offence charged. Having accepted a brief,
a defence lawyer is duty bound to defend the accused irrespective of
any personal belief about client's guilt.
⫸ Duties in defending a client? Answer: ADVICE ON PLEAS AND
GIVING EVIDENCE
Clients decide whether to plead guilty or give evidence
Counsel should provide adequate advice
Prudent to give advice and instructions in writing
DISCLOSURE OF PREVIOUS CONVICTIONS
No duty to disclose adverse material to the court
Must not actively mislead the court
Must not ask prosecution witness about past convictions
WHEN YOU THINK YOUR CLIENT IS GUILTY
Ensure confession is true and voluntary
Must not falsely suggest someone else committed the offence
Must not set up an affirmative case inconsistent with the confession
