Qld Bar Exam - Practice and Procedure.pdf file:///C:/Users/HP/Desktop/TYPA%20NEW/Qld%20Bar%20Exam
Qld Bar Exam - Practice and Procedure
1. Jurisdiction: District Court: Monetary Limit of $750,000 ($150,000-$750,000) +
matters it can hear.
Magistrates Court: Monetary Limit of $150,000
District Court Act 1967 (Qld) s68
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
2. Practice Direction 1 of 2023: Commercial List for efficient commercial litigation
- requirements?
3. r250 UCPR: r250 Inspection, detention, custody and preservation of property
4. Practice Direction 1 of 2007: "Freezing Orders" (also known as "Mareva Orders" or
"Asset Preservation Orders")
5. What is the significance and function of practice directions?: Practice direc-
tions are procedural guidelines issued by judges in the Courts. The directions are
designed to complement existing legislation, rules and regulations and may refer to
issues including the use of the court precinct, appearances by practitioners and
parties, and case management.
6. Practice Direction 2 of 2007: "Search Orders" (also known as "Anton Piller
1 of 22 8/8/2024, 3:32
,Qld Bar Exam - Practice and Procedure.pdf file:///C:/Users/HP/Desktop/TYPA%20NEW/Qld%20Bar%20Exam
Orders")
7. Practice Direction No. 11 of 2012: "Supervised Case List"
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.
8. What is the supervised case list?: A list assigned to a supervising judge, where
parties are required to attend regular reviews and confer regarding directions,
management, an attempt at ADR and trial preparation.
9. What is the commercial list?:
10. Vaughan v Bonjiorno [2007] NSWSC 1398: Dealing with a interlocutory injunc-
tion (a freezing order) where Court held there must be a prima facie case, meaning of
'prima facie' and evidence of the prima facie case.
Prima facie does not mean a better than 50% chance of success.
Court needs to consider whether the evidence put forward in the application is
admissible at trial in its current form.
11. Tyler v Custom Credit Corp Limited [2000] QCA 178: 12 Factors for leave to
continue after delay or dismissal for want of prosecution:
2 of 22 8/8/2024, 3:32
,Qld Bar Exam - Practice and Procedure.pdf file:///C:/Users/HP/Desktop/TYPA%20NEW/Qld%20Bar%20Exam
1. How long ago events in statement of claim occurred
2. How long ago litigation commenced or causes of action added
3 of 22 8/8/2024, 3:32
Qld Bar Exam - Practice and Procedure
1. Jurisdiction: District Court: Monetary Limit of $750,000 ($150,000-$750,000) +
matters it can hear.
Magistrates Court: Monetary Limit of $150,000
District Court Act 1967 (Qld) s68
Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
2. Practice Direction 1 of 2023: Commercial List for efficient commercial litigation
- requirements?
3. r250 UCPR: r250 Inspection, detention, custody and preservation of property
4. Practice Direction 1 of 2007: "Freezing Orders" (also known as "Mareva Orders" or
"Asset Preservation Orders")
5. What is the significance and function of practice directions?: Practice direc-
tions are procedural guidelines issued by judges in the Courts. The directions are
designed to complement existing legislation, rules and regulations and may refer to
issues including the use of the court precinct, appearances by practitioners and
parties, and case management.
6. Practice Direction 2 of 2007: "Search Orders" (also known as "Anton Piller
1 of 22 8/8/2024, 3:32
,Qld Bar Exam - Practice and Procedure.pdf file:///C:/Users/HP/Desktop/TYPA%20NEW/Qld%20Bar%20Exam
Orders")
7. Practice Direction No. 11 of 2012: "Supervised Case List"
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.
8. What is the supervised case list?: A list assigned to a supervising judge, where
parties are required to attend regular reviews and confer regarding directions,
management, an attempt at ADR and trial preparation.
9. What is the commercial list?:
10. Vaughan v Bonjiorno [2007] NSWSC 1398: Dealing with a interlocutory injunc-
tion (a freezing order) where Court held there must be a prima facie case, meaning of
'prima facie' and evidence of the prima facie case.
Prima facie does not mean a better than 50% chance of success.
Court needs to consider whether the evidence put forward in the application is
admissible at trial in its current form.
11. Tyler v Custom Credit Corp Limited [2000] QCA 178: 12 Factors for leave to
continue after delay or dismissal for want of prosecution:
2 of 22 8/8/2024, 3:32
,Qld Bar Exam - Practice and Procedure.pdf file:///C:/Users/HP/Desktop/TYPA%20NEW/Qld%20Bar%20Exam
1. How long ago events in statement of claim occurred
2. How long ago litigation commenced or causes of action added
3 of 22 8/8/2024, 3:32
