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Queensland Bar Exam - Procedure Questions and Answers Grade A+ $14.09   Add to cart

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Queensland Bar Exam - Procedure Questions and Answers Grade A+

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  • Course
  • Queensland Bar
  • Institution
  • Queensland Bar

What is the jurisdiction of the District Court of Qld? 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? All civil personal actions up to 150k (4) What are the facts of Spencer v Cth? Fed ...

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  • November 6, 2024
  • 22
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Queensland Bar
  • Queensland Bar
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1|Page | © copyright 2024/2025 | Grade A+




Queensland Bar Exam - Procedure
Questions and Answers Grade A+
What is the jurisdiction of the District Court of Qld?


✓ 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?


✓ All civil personal actions up to 150k (4)




What are the facts of Spencer v Cth? Fed


✓ 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.




Master01 | October, 2024/2025 | Latest update

, 1|Page | © copyright 2024/2025 | Grade A+

What was held in Spencer v Cth? Fed


✓ - 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


✓ 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


Master01 | October, 2024/2025 | Latest update

, 1|Page | © copyright 2024/2025 | Grade A+

✓ 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


✓ Mareva relief was sought - evidence in this case deemed both

inadmissible and alternatively insufficient




What was held in Vaughan v Bonjiorno? State 2 factors




Master01 | October, 2024/2025 | Latest update

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