Exam (elaborations)
Queensland Bar Exam - Procedure
- Course
- Institution
Queensland Bar Exam - Procedure
[Show more]
Seller
Follow
EXAMQA
Reviews received
Content preview
Queensland Bar Exam - ProcedureWhat is the jurisdiction of the District Court of Qld? - ANS-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? - ANS-All civil personal actions
up to 150k (4)
What are the facts of Spencer v Cth? Fed - ANS-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.
What was held in Spencer v Cth? Fed - ANS-- 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 - ANS-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 - ANS-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 - ANS-Mareva relief was sought -
evidence in this case deemed both inadmissible and alternatively insufficient
What was held in Vaughan v Bonjiorno? State 2 factors - ANS-Mareva relief requires:
1. Prima facie cause of action
- serious question to be tried on fact and law
- Beauchamp: if evidence remains as is, plaintiff entitled to relief
2. Danger judgment will not be satisfied upon plaintiff success
- due to absconding asset removal or disposal - standard apprehension of disposal
What was held in Tyler v Custum Credit? State, UCPR389 - ANS-Procedure,
continuation of proceeding after delay
- Delay contrary to efficient administration UCPR5
- Onus on applicant to show strike appropriate
- Court considers factors for example
length
prospect
disobedience
character
fault
funding
conclusion
progress
lawyer
explanation
prejudice
What was held in Cape York v QBE? State, UCPR 166 - ANS-Procedure, denial and
non-admission, UCPR166
- Denial must be based on genuine belief
- Ongoing obligation to update non-admission
- Direct explanation required
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller EXAMQA. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79223 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now