Qld Bar Exam - Practice
and Procedure
Questions and Complete
Solutions Graded A+
What is the monetary jurisdiction of the District Court and the Magistrates Court? - Answer: District
Court: Monetary Limit of $750,000 ($150,000-$750,000)
section 68 of the District Court Act 1967.
Magistrates Court: Monetary Limit of $150,000
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
What is the Commercial List Practice Direction? - Answer: Supreme Court PD 1 of 2023 - Commercial List
Purpose: The purpose of the commercial list is for the just, expeditious and efficient resolution of
commercial matters at a minimum expense.
What is r 250 of the UCPR about? - Answer: Section governing the inspection, detention, custody and
preservation of property.
What is the Practice Direction for Mareva/Freezing Orders? - Answer: Supreme Court Practice Direction
1 of 2007
What is the Practice Direction for Search Orders/Anton Piller Orders? - Answer: Supreme Court Practice
Direction 2 of 2007
, What is the Practice Direction governing the Supervised Case List? - Answer: Supreme Court Practice
Direction 11 of 2012
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.
Vaughan v Bongiorno - Answer: Test to get a Mareva injunction.
Court applied the test in Patterson v BTR Engineering (Aust) Ltd in relation to two limb test for Mareva
injunctions:
1. Applicant has a prima facie cause of action against D
2. There is a danger that D will abscond or remove assets from the jurisdiction which will not be
available to P if he succeeds.
Court also applied Beecham Group Limited v Bristol Laboratories Pty Ltd - that if the evidence remains as
it is, there is a probability that at the trial the plaintiff will be held entitled to relief.
Tyler v Custom Credit Corp Limited - Answer: Test for whether or not to dismiss an action for want of
prosecution under r 280 OR give leave to proceed under r 389. 12 Factors listed by Atkison J at [2]:
1. how long ago the events alleged in SOC occurred and what delay there was before the litigation was
commenced;
2. how long ago the litigation was commenced or causes of action were added;
3. what prospects the plaintiff has of success in the action;
and Procedure
Questions and Complete
Solutions Graded A+
What is the monetary jurisdiction of the District Court and the Magistrates Court? - Answer: District
Court: Monetary Limit of $750,000 ($150,000-$750,000)
section 68 of the District Court Act 1967.
Magistrates Court: Monetary Limit of $150,000
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
What is the Commercial List Practice Direction? - Answer: Supreme Court PD 1 of 2023 - Commercial List
Purpose: The purpose of the commercial list is for the just, expeditious and efficient resolution of
commercial matters at a minimum expense.
What is r 250 of the UCPR about? - Answer: Section governing the inspection, detention, custody and
preservation of property.
What is the Practice Direction for Mareva/Freezing Orders? - Answer: Supreme Court Practice Direction
1 of 2007
What is the Practice Direction for Search Orders/Anton Piller Orders? - Answer: Supreme Court Practice
Direction 2 of 2007
, What is the Practice Direction governing the Supervised Case List? - Answer: Supreme Court Practice
Direction 11 of 2012
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.
Vaughan v Bongiorno - Answer: Test to get a Mareva injunction.
Court applied the test in Patterson v BTR Engineering (Aust) Ltd in relation to two limb test for Mareva
injunctions:
1. Applicant has a prima facie cause of action against D
2. There is a danger that D will abscond or remove assets from the jurisdiction which will not be
available to P if he succeeds.
Court also applied Beecham Group Limited v Bristol Laboratories Pty Ltd - that if the evidence remains as
it is, there is a probability that at the trial the plaintiff will be held entitled to relief.
Tyler v Custom Credit Corp Limited - Answer: Test for whether or not to dismiss an action for want of
prosecution under r 280 OR give leave to proceed under r 389. 12 Factors listed by Atkison J at [2]:
1. how long ago the events alleged in SOC occurred and what delay there was before the litigation was
commenced;
2. how long ago the litigation was commenced or causes of action were added;
3. what prospects the plaintiff has of success in the action;
