Exam (elaborations)
QUEENSLAND BAR EXAM – PROCEDURE QUESTIONS AND VERIFIED ANSWERS
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QUEENSLAND BAR EXAM – PROCEDURE QUESTIONS AND VERIFIED ANSWERS...
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What is the District Court of Queensland's jurisdiction? All civil personalactions up to 750k (68) are addressed.
Provide redress using the Supreme Court's full authority (69).
What is the Magistrates Court of Queensland's jurisdiction? - ANSWER
Everything up to 150k in civil personal actions (4)
What are the Spencer v. Cth facts? Fed: ANSWER The High Court reversed
summary dismissal at trial and on appeal.
Spencer asserted that intergovernmental agreements and commonwealth laws
impacted the purchase of his land in ways other than on fair terms
(Constitution).
The state's limited authority to remove natural vegetation essentially amounts to
acquiring a land stake.
What did Spencer v. Cth hold? Fed-ANSWER: In the following situations,
summary dismissal should not be granted:
1. It is possible to contest facts (realistic prospect = more than fantastical).
2. Existing authority prohibitions are not always fatal unless they establish a
precedent set by the High Court.
3. Complex factual issues (easier to award, simpler facts)
More likely in cases when there is only a legal concern and no factual
disagreement
What are Aon Risk v. ANU's facts? Fed - ANSWER 1. Late request for
permission to change
, Changes necessitated an entirely new defense,
The scheduled trial date was missed.
- no justification provided,
The likelihood of multiple proceedings is low.
Actual problems that were previously brought to light
In Aon Risk v. ANU, what was decided? Fed: ANSWER On the basis of public
policy, the amendment was rejected.
Use UCPR 5: Objectives and 375: Permission to Modify
1. Justice vs the general public's interest in making effective use of the court's
limited resources
2. Costs by themselves are insufficient as a solution; they cannot eliminate all
forms of discrimination.
What are the Vaughan v. Bonjiorno facts? State-ANSWER Mareva relief was
requested since the evidence in this instance was judged to be insufficient as
well as inadmissible.
In Vaughan v. Bonjiorno, what was decided? Factors in State 2 ANSWER:
Mareva relief is needed.
1. Prima facie cause of action: serious matter to be examined on law and fact;
Beauchamp: plaintiff entitled to relief if evidence is left unchanged
2. Because the plaintiff absconded assets were removed or disposed of, the
danger judgment will not be fulfilled upon plaintiff victory.
In Tyler v. Custum Credit, what was decided? State, ANSWER Procedure
(UCPR389), proceeding after a delay
Delays in the face of effective management UCPR5: The applicant must
demonstrate that the strike is appropriate
The court takes into account elements including length, prospect, disobedience,
character fault, funding, conclusion, progress, lawyer explanation, and
prejudice.
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