QLD BAR EXAM COMBINED PRACTICE SETS EXAM QUESTIONS AND REVISED CORRECT ANSWERS
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Course
Qld Bar
Institution
Qld Bar
QLD BAR EXAM COMBINED
PRACTICE SETS EXAM QUESTIONS
AND REVISED CORRECT ANSWERS
1.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.
Magistr...
QLD BAR EXAM COMBINED
PRACTICE SETS EXAM QUESTIONS
AND REVISED CORRECT ANSWERS
1. 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)
2. 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.
3. What is r 250 of the UCPR about? ANSWER ✔ :
Section governing the inspection, detention, custody
and preservation of property.
, 4. What is the Practice Direction for
Mareva/Freezing Orders? ANSWER ✔ :
Supreme Court Practice Direction 1 of 2007
5. What is the Practice Direction for Search
Orders/Anton Piller Orders? ANSWER ✔ :
Supreme Court Practice Direction 2 of 2007
6. 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.
7. Vaughan v Bongiorno
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.
8. Tyler v Custom Credit Corp Limited
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;
4. whether or not there has been disobedience of
Court orders or directions;
5. whether or not the litigation has been
characterised by periods of delay;
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