Qld Bar Exam - Ethics
Questions and Complete
Solutions Graded A+
R v Ratten - Answer: Res Gestae Exception - Evidence
Contemporaneity of police call made it admissible evidence
Original evidence
Informs state of mind of victim due to emotional call
Mullins (acting unfairly) - Answer: Acting unfairly - Ethics
Personal Injury + cancer case
Encouraged reliance on false documents
Significance of life expectancy as factor to case
Duty of mediator to all parties involved
BR 48-49
Momibo 5 factors - Answer: Procedure - Summary dismissal
No reasonable prospect for success under FCAA 31
- Subjective
- Objective
- Material
- Law
- Damage
, BR 59-60, 63 - Answer: Ethics - Responsible use of court process
Broadened obligation to apply professional judgment in limiting FII etc
Day v Perisher - Answer: Ethics
Witness communication/coaching
- Suggestions for answers
- Witnesses discussed Qs with management
- Trial process undermined
BR 68 - evidence integrity
BR 70 - conferences
BR 75-76 - Answer: Ethics
Media ethics
- Restrictions on publication and media commentary
BR 29
Must disclose all facts both for and against relief - Answer: Ethics
Ex parte requirements
PD 20/2012 direct access briefing - Answer: Ethics,
must comply with barrister rule 24B - inform in writing
Questions and Complete
Solutions Graded A+
R v Ratten - Answer: Res Gestae Exception - Evidence
Contemporaneity of police call made it admissible evidence
Original evidence
Informs state of mind of victim due to emotional call
Mullins (acting unfairly) - Answer: Acting unfairly - Ethics
Personal Injury + cancer case
Encouraged reliance on false documents
Significance of life expectancy as factor to case
Duty of mediator to all parties involved
BR 48-49
Momibo 5 factors - Answer: Procedure - Summary dismissal
No reasonable prospect for success under FCAA 31
- Subjective
- Objective
- Material
- Law
- Damage
, BR 59-60, 63 - Answer: Ethics - Responsible use of court process
Broadened obligation to apply professional judgment in limiting FII etc
Day v Perisher - Answer: Ethics
Witness communication/coaching
- Suggestions for answers
- Witnesses discussed Qs with management
- Trial process undermined
BR 68 - evidence integrity
BR 70 - conferences
BR 75-76 - Answer: Ethics
Media ethics
- Restrictions on publication and media commentary
BR 29
Must disclose all facts both for and against relief - Answer: Ethics
Ex parte requirements
PD 20/2012 direct access briefing - Answer: Ethics,
must comply with barrister rule 24B - inform in writing
