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Exam (elaborations)

Qld Bar Exam - Practice and Procedure Questions with correct answers

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  • Course
  • RN- Nursing
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  • RN- Nursing

What is the monetary jurisdiction of the District Court and the Magistrates Court? Correct 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 ...

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  • September 26, 2024
  • 16
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • RN- Nursing
  • RN- Nursing
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Qld Bar Exam - Practice and Procedure Questions
with correct answers
What is the monetary jurisdiction of the District Court and the
Magistrates Court? Correct 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)


What is the Commercial List Practice Direction? Correct 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.


What is r 250 of the UCPR about? Correct Answer-Section governing
the inspection, detention, custody and preservation of property.


What is the Practice Direction for Mareva/Freezing Orders? Correct
Answer-Supreme Court Practice Direction 1 of 2007


What is the Practice Direction for Search Orders/Anton Piller Orders?
Correct Answer-Supreme Court Practice Direction 2 of 2007

,What is the Practice Direction governing the Supervised Case List?
Correct 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.


Vaughan v Bongiorno Correct Answer-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.


Tyler v Custom Credit Corp Limited Correct Answer-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;


6. whether the delay is attributable to the plaintiff, the defendant or both
the plaintiff and the defendant;


7. whether or not the impecuniosity of the plaintiff has been responsible
for the pace of the litigation and whether the defendant is responsible for
the plaintiff's impecuniosity;


8. whether the litigation between the parties would be concluded by the
striking out of the plaintiff's claim;

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