Queensland Bar Exam – Procedure Questions with
Correct Answers
What is the jurisdiction of the District Court of Qld? Correct Answer-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? Correct
Answer-All civil personal actions up to 150k (4)
What are the facts of Spencer v Cth? Fed Correct Answer-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 Correct Answer-- 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 Correct Answer-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 Correct Answer-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 Correct Answer-
Mareva relief was sought - evidence in this case deemed both
inadmissible and alternatively insufficient
What was held in Vaughan v Bonjiorno? State 2 factors Correct Answer-
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 Correct
Answer-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
Correct Answers
What is the jurisdiction of the District Court of Qld? Correct Answer-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? Correct
Answer-All civil personal actions up to 150k (4)
What are the facts of Spencer v Cth? Fed Correct Answer-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 Correct Answer-- 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 Correct Answer-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 Correct Answer-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 Correct Answer-
Mareva relief was sought - evidence in this case deemed both
inadmissible and alternatively insufficient
What was held in Vaughan v Bonjiorno? State 2 factors Correct Answer-
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 Correct
Answer-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
