QUEENSLAND BAR EXAM – PROCEDURE
What is the jurisdiction of the District Court of Qld? - 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? - Answers-All civil personal
actions up to 150k (4)
What are the facts of Spencer v Cth? Fed - 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 - 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 - 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 - 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 - 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 - 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
What was held in Tyler v Custum Credit? State, UCPR389 - Answers-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
character
fault
funding
conclusion
progress
lawyer
explanation
prejudice
What was held in Cape York v QBE? State, UCPR 166 - Answers-Procedure, denial and
non-admission, UCPR166
- Denial must be based on genuine belief
- Ongoing obligation to update non-admission
- Direct explanation required
What was held in Shaw v Deputy Commissioner? State - Answers-discretion to give
summary judgement, ucpr292
Distinguish between real and 'fanciful' prospect of success
No summary judgement where potential defence. Discretion by the judge is not
available in this instance
What act and section governs summary dismissal in Federal courts? - Answers-Federal
Court of Australia Act 1976 s31A
What is the jurisdiction of the District Court of Qld? - 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? - Answers-All civil personal
actions up to 150k (4)
What are the facts of Spencer v Cth? Fed - 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 - 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 - 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 - 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 - 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 - 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
What was held in Tyler v Custum Credit? State, UCPR389 - Answers-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
character
fault
funding
conclusion
progress
lawyer
explanation
prejudice
What was held in Cape York v QBE? State, UCPR 166 - Answers-Procedure, denial and
non-admission, UCPR166
- Denial must be based on genuine belief
- Ongoing obligation to update non-admission
- Direct explanation required
What was held in Shaw v Deputy Commissioner? State - Answers-discretion to give
summary judgement, ucpr292
Distinguish between real and 'fanciful' prospect of success
No summary judgement where potential defence. Discretion by the judge is not
available in this instance
What act and section governs summary dismissal in Federal courts? - Answers-Federal
Court of Australia Act 1976 s31A
