Information for Applicants - (Last updated 28 June 2019) - Bar Practice Course - The Bar Association of Queensland
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Information for Applicants
Bar Practice Course
(Last updated 28 June 2019)Contents
1. Objectives of the Bar Practice Course .....................................................................................................3
2. Bar Practice Course Committee................................................................................................................. 3
3. The Bar Practice Course ............................................................................................................................... 3
4. Application Process ........................................................................................................................................ 4
5. Bar Practice Course Offers ........................................................................................................................... 5
6. Pre-Course Examinations ............................................................................................................................ 6
7. Applicants requiring special arrangements for the Pre-Course Examinations and/or the
Bar Practice Course ........................................................................................................................................ 7
8. Bar Practice Course – Overview ................................................................................................................8
9. Bar Practice Course - Content and Delivery ......................................................................................... 8
10. Satisfactory Completion of the Bar Practice Course ......................................................................... 9
11. Fees .......................................................................................................................................................................9
12. Withdrawal from the Course after Acceptance or after the Course Commences .............. 10
13. Places in the Bar Practice Course Cannot Be Deferred ................................................................. 10
14. Important Dates for Pre Course Examinations and Bar Practice Course .............................. 11
15. Practising Certificates................................................................................................................................. 11
16. Organisations ................................................................................................................................................. 11
Appendix A......................................................................................................................................................................... 12
Appendix B......................................................................................................................................................................... 14
Appendix C ......................................................................................................................................................................... 16
Appendix D ........................................................................................................................................................................ 17
Bar Association of Queensland 2Bar Practice Course
1. Objectives of the Bar Practice Course
• To develop and enhance the practice skills of persons who are seeking a licence
to practise as a Barrister in Queensland.
• To act as a focus for the continuing education of Queensland Barristers.
• To concern itself with training and standards generally directed towards the
achievement of highest possible levels of competence and professional
integrity in the members of the Queensland Bar.
2. Bar Practice Course Committee
The operations of the Course are governed by the Bar Practice Course Committee
(Committee) which consists of members of the Judiciary and the Bar Association
of Queensland (BAQ), and the staff members of BAQ.
3. The Bar Practice Course
3.1. The Bar Practice Course is a practical training course offered by BAQ. All
sessions are practical in focus and are substantially conducted by members
of the Bar, the Judiciary and the Magistracy. Knowledge of substantive law
units is presumed by those attending the course.
3.2. The distinctive feature of practice at the Bar is advocacy before the courts.
Accordingly, the pre-course examinations and the Bar Practice Course focus
on the practical aspects relevant to the skills required of an advocate.
3.3. The Course has a significant number of oral advocacy sessions (i.e., mock
hearings, leading evidence workshops, and the advocacy intensive
weekend) where Pupils will be required to demonstrate their oral advocacy
skills to a satisfactory standard. Pupils will also be expected to meet the
standards required in written advocacy (i.e., drafting of pleadings and
advices) and participate in workshops including ethics, court procedures,
dealing with people from minority groups, and setting up a barrister’s
practice.
3.4. As the Bar Practice Course is a post-admission course, applicants should,
through their level of experience, have an understanding of the
requirements of practice before making an application.
Bar Association of Queensland 33.5. BAQ staff, in consultation with the Committee, set the timetable for the Bar
Practice Course. Attendance at all sessions is compulsory as is the
satisfactory participation and completion in all sessions.
Applicants should give serious consideration to this requirement before
accepting a place in the course. Non-attendance or late attendance for any
reason is a ground for refusal of the granting of a certificate of satisfactory
completion.
4. Application Process
4.1. One application form covering both an application to sit the pre-course
examinations and an application for the Bar Practice Course must be
completed by the closing date (refer to item 14). The ‘Application Form -
Pre-Course Examinations & Bar Practice Course’ (Application Form) is
available on the Bar Practice Course page at www.qldbar.asn.au.
4.2. Applicants must be lawyers or eligible for admission as lawyers in Australia
at the closing date of the application. If a person does not meet this
criterion, the application will not be considered.
4.3. Evidence of eligibility of admission or admission must be attached to the
Application Form, along with one passport size photograph. If an applicant
is admitted and is currently practising, they must also provide a copy of
their current practising certificate.
4.4. Applicants who are not admitted but are eligible for admission as a lawyer
in Australia are obliged, in the Application Form, to disclose any matter
which is required to be disclosed to the relevant admitting authority. BAQ
reserves the right to refuse or reconsider any aspect of the application in
the event that an applicant is not admitted as a lawyer in Australia at any
time from the date of the application up to the commencement of the Bar
Practice Course. If an applicant is not admitted by the time of
commencement of the Bar Practice Course, then BAQ may refuse or
reconsider the application or rescind its prior acceptance of the application.
It is the responsibility of the applicant to provide BAQ with evidence of
admission as soon as practicable.
4.5. The Application Form is a statutory declaration. An applicant must
complete the form and have it signed and witnessed by an authorised
person, that is, a JP/C.Dec/Solicitor/Barrister. Applicants must pay the pre-
course examination application fee at the time of application. The pre-
course examination fee is in addition to the prescribed Bar Practice Course
fee. Applications will not be considered without payment of the fee or
documentation. Please refer to item 11 for details on fees.
4.6. Overseas applicants must be eligible for admission as a legal practitioner in
Australia and provide evidence of this. The Bar Practice Course is not a
Bar Association of Queensland 4university course and does not satisfy the requirements for
visa/immigration purposes. If required, BAQ reserves the right to ask
applicants for proof of citizenship or residency status.
4.7. The application form is an important document. Applicants are advised to
complete this form in as much detail as possible. Applications are
considered on merit. In the event the course is oversubscribed, places will
be offered in order of seniority of admission in the absence of a reason
which the Committee considers sufficient for preferring any applicant over
any other applicant.
4.8. Please note the examination fee is not transferrable to another examination
date or applicant. Applicants must nominate on the application form the
date that they are intending to sit the examination. Applicants who
withdraw from sitting on the nominated examination date or who do not
attend the examination day will not have the examination fee refunded.
4.9. Late applications will not be considered.
4.10. Before an applicant is considered for a place in the Bar Practice Course, BAQ
staff must be satisfied that the applicant has passed all pre-course
examinations. BAQ staff may request evidence of this from the applicant.
4.11. The completed application form, with accompanying documents and pre-
course examination fee, should be sent to BAQ by the closing date by email
or post or in person as follows:
• Preferred option: Email bpc@qldbar.asn.au
• Deliver or send by registered post to:
PRIVATE AND CONFIDENTIAL
Bar Practice Course
Bar Association of Queensland
Ground Floor, Inns of Court
107 North Quay
Brisbane Qld 4000
5. Bar Practice Course Offers
5.1. Subject to the requirements set out in the examination policy (refer to
Appendix D), applicants who successfully complete all examinations will
then be considered for a place in the next Bar Practice Course.
5.2. Applicants who are offered a place in the Bar Practice Course will be
provided with information regarding the Bar Practice Course (referred to
as Guidelines to Pupils). Applicants must read the Guidelines to Pupils
Bar Association of Queensland 5before accepting a place.
5.3. A letter of offer will be sent by email to the applicant. The applicant must
respond by the due date either accepting or rejecting a place in the Bar
Practice Course. If accepting a place, the applicant must pay the prescribed
Bar Practice Course fee at the time of acceptance. The closing date for
acceptance will be advised in the letter of offer. If an applicant fails to
respond to the offer or pay for the course fee in total, the offer of a place in
the course will lapse and second round offers may be made to applicants
who missed out on the initial offers.
5.4. Payment plans or delayed payment options are not offered. The Bar
Practice Course is not a university course and therefore government fee
help is not applicable.
6. Pre-Course Examinations
6.1. Please read the examination policy in Appendix D.
6.2. The Council of the Bar Association of Queensland resolved to introduce pre-
course examinations for the Queensland Bar Practice Course. All applicants
must sit and pass all three pre-course examinations. The pass mark for each
exam is 65%.
6.3. The pre-course examinations will be held on one day at a venue determined
by the Committee. Please refer to the important dates in item 14 below.
6.4. The three pre-course examinations are:
(a) Legal Ethics for Barristers;
(b) Practice and Procedure; and
(c) Evidence.
6.5. No electronic equipment is permitted in the examination room. The
examination is a closed book examination, with the exception of
permitting paper only, unannotated and unmarked copies of the following
materials:
(a) Legal Ethics for Barristers examination:
2011 Barristers’ Rule, as amended (Qld)
Legal Profession Act 2007: ss220, 227, 246 and Part 3.4
(b) Practice and Procedure examination:
Uniform Civil Procedure Rules
Bar Association of Queensland 6 Federal Court Rules
2011 Barristers’ Rule, as amended (Qld)
Federal Court of Australia Act 1976 (Cth): ss 19 to 23, 32, 31A, 37M
to 37P
Federal Circuit Court of Australia Act 1999 (Cth): ss 10 and 18
District Court of Queensland Act 1967 (Qld): ss 68 and 69
Magistrates Courts Act 1921 (Qld): ss 2 and 4.
(c) Evidence examination:
Evidence Act 1977 (Qld)
Evidence Act 1995 (Cth).
Any person found not complying with this rule will receive an automatic fail
result for the examinations.
6.6. The Legal Ethics for Barristers and the Practice and Procedure
examinations each consist of 10 minutes perusal time and 80 minutes
writing time.
The Evidence examination consists of 20 minutes perusal time and 90
minutes writing time.
The examination questions will substantially consist of problem-based
questions. Refer to the Frequently Asked Questions documents for further
information. This is located on the Bar Practice Course page at
www.qldbar.asn.au.
6.7. There are reading lists for each examination as follows:
(a) Legal Ethics for Barristers – refer to Appendix A;
(b) Practice and Procedure – refer to Appendix B;
(c) Evidence – refer to Appendix C.
Please note that the reading lists are subject to change. It is
recommended that you check the reading lists regularly.
BAQ staff cannot assist applicants with locating the prescribed materials.
7. Applicants requiring special arrangements for the Pre-Course Examinations
and/or the Bar Practice Course
Please contact BAQ staff for information in respect of making an application for
special arrangements.
Bar Association of Queensland 78. Bar Practice Course – Overview
8.1. The Bar Practice Course is offered as a full-time six week course.
8.2. A timetable is provided at the commencement of each course, but it may be
subject to changes. Sessions may be rescheduled outside of normal hours.
Pupils are expected to attend those sessions.
8.3. Successful completion of the course depends upon attendance at and
satisfactory participation in all sessions throughout the course. In the event
of inability to attend any session (or part of a session), BAQ staff must be
notified before the scheduled session, and written reasons for your non-
attendance provided. This will be referred to the Committee for its
consideration. In case of illness, a medical certificate must also be
produced.
A certificate of satisfactory completion will not be issued (even in the event
of illness, etc.) until the Pupil completes all components of the course
(please note: the next available session may only be conducted at the next
Bar Practice Course or at an earlier time determined by the Committee).
9. Bar Practice Course - Content and Delivery
9.1. The emphasis of the course is on practice, oral and written advocacy skills.
9.2. The content of the course has been selected by the Committee in light not
only of the experience of its members but also of other members of the legal
profession in Queensland and the judiciary.
9.3. The Committee may vary the content and method of presentation from one
course to another as needs and opportunities occur.
9.4. The course content usually includes:
• Court procedures and etiquette • Alternative dispute resolution
• Evidence • Criminal law practice
• Advocacy – oral and written • Civil law practice
• Mock Hearings • Drafting documents
• Ethics • Research
• Opinion writing and advices • Preparation for trial
• Family law practice • Appeals
• Setting up a Barrister’s Practice • Dealing with people from
minority groups
Bar Association of Queensland 89.5. To pass assessment to a satisfactory level, Pupils are required to show a
level of competency to a standard of a junior barrister, required in such
matters, that demonstrates an ability to adequately represent a client.
Assessment can be in the format of oral or written work or participation in
exercises. For example, oral advocacy will be assessed by satisfactory
completion of mock hearings; evidence in chief and cross-examination
exercises. Written advocacy assessment includes the drafting of pleadings,
written advices, and written submissions. Briefings and workshops will be
assessed on participation in the sessions including oral and written work
and a mediation exercise. The Pupil must also demonstrate through their
participation, evidence of preparation for sessions and an understanding of
the content.
9.6. Each topic is presented by practitioners chosen not only for their particular
expertise or distinction in that area of the law but also for their ability to
impart practical knowledge to Pupils. Papers are usually available for each
session. While efforts are made to keep these papers up to date, Pupils
should always check that the information is current.
10. Satisfactory Completion of the Bar Practice Course
Certification of completion of the Bar Practice Course is dependent upon the Pupil
attending all sessions and satisfactorily completing all the practical work.
Assessment of written and oral advocacy performance occurs during the course.
The issue of a certificate is at all times at the discretion of the Committee.
11. Fees
11.1. Under the Constitution and Rules of the Bar Practice Course the Committee
shall from time to time determine the fees to be paid by Pupils.
11.2. Pre-Course examination fees are subject to change (including CPI
increases).
The fee for Pre-Course examinations is $250 including GST. Payment is
required at the time of application. This fee is not refundable or
transferable.
A payment form is attached to the application form and payment must be
included with the application. Applications will not be accepted without the
pre-course examination fee.
11.3. The Bar Practice Course fee is subject to change (including CPI increases).
The Bar Practice Course fee is $5,715 (GST inclusive). Payment of the
course fee is required at the date set out in the letter of offer.
Bar Association of Queensland 911.4. The due date for payment of the Bar Practice Course fee will be advised in
writing with the letter of offer to the successful applicant. Non-payment by
the due date will lead to automatic cancellation of the offer.
11.5. Applicants who withdraw from sitting the examination (for whatever
reason) or do not attend on the examination day will not be refunded the
examination fee.
12. Withdrawal from the Course after Acceptance or after the Course
Commences
Pupils who withdraw from the Bar Practice Course after acceptance into the course
but before the course commences will be charged an administration fee of $550
(including GST). The remainder of the course fee will be refunded. Pupils who
withdraw from the Bar Practice Course once the course has commenced will lose
the entire course fee.
13. Deferral of places in the Bar Practice Course
If a Pupil does not accept a place in the course offered but wishes to be considered
for a future course a new application form may be required to be submitted. The
application form must include inter alia evidence of their examination results and
be submitted by the due date. The Pupil will also be required to satisfy any other
application processes required by the Committee. Please refer to the examination
policy in Appendix D regarding the currency of examination results.
Bar Association of Queensland 1014. Important Dates for Pre Course Examinations and Bar Practice Course
The examinations are convened by BAQ and are held in Brisbane. BAQ staff will
advise applicants of the venue and examination timetable after the closing date for
applications.
Closing Dates for Pre Course
Bar Practice Course Dates
Applications Examination Dates
10am, Thursday 18 April BPC73 (Course 2, 2019)
Saturday 18 May 2019
2019 26 August – 3 October 2019
10am, Thursday 19 BPC74 (Course 1, 2020)
Saturday 19 October 2019
September 2019 16 March – 23 April 2020
10am, Thursday 16 April BPC75 (Course 2, 2020)
Saturday 16 May 2020
2020 31 August – 8 October 2020
10am, Thursday 24 BPC76 (Course 1, 2021)
Saturday 17 October 2020
September 2020 TBC
Dates are subject to change so please check the website regularly.
15. Practising Certificates
For questions regarding practising requirements or certificates please refer to the
Bar Association of Queensland’s website www.qldbar.asn.au or telephone the Bar
Association of Queensland on (07) 3238 5100.
16. Organisations
Legal Practitioners Admissions Board
The Legal Practitioners Admission Board has its offices at the Queensland Law
Society, Level 2, Law Society House, 179 Ann Street, Brisbane. Telephone: (07)
3842 5985.
The Bar Association of Queensland
Information concerning practising requirements and membership of the Bar
Association of Queensland can be located on the website: www.qldbar.asn.au. The
Bar Association offices are at Ground Floor, Inns of Court, 107 North Quay,
Brisbane Qld 4000. Telephone: (07) 3238 5100.
Bar Association of Queensland 11IMPORTANT
The Ethics, Practice & Procedure and Evidence Reading Lists are subject to change.
Recent changes are shown in mark-up with the date of the amendment under the
appendix heading.
Appendix A
Reading List – Legal Ethics for Barristers Examination
(last amended 12 April 2019)
Primary list
• 2011 Barristers’ Rule, as amended (Queensland)
• Legal Profession Act 2007, ss 220, 227, 246 and Part 3.4
• Supreme Court of Queensland Practice Direction No 20 of 2012: Direct Access
Briefing (amending Practice Direction 2 of 2006)
• GE Dal Pont, Lawyers’ Professional Responsibility (6th edn, Lawbook Co, 2016),
Chapters 17, 18, 19, 21, 22
• G Hampel & E Brimer, Hampel on ethics and etiquette for advocates: a guide to basics
(Leo Cussen Institute, 2001)
• Bale v Mills [2011] NSWCA 226
• Day v Perisher Blue Pty Ltd (2005) 62 NSWLR 731
• Ken Tugrul v Tarrants Financial Consultants Pty Ltd (In Liq) [No.2] [2013] NSWSC
1971
• Legal Services Commissioner v Mullins [2006] QLPT 12 (23 November 2006)
• Tri-star Petroleum Company & Ors v Australia Pacific LNG Pty Limited & Ors [2017]
QSC 136
• Virgtel v Zabusky (No 2) [2009] 2 Qd R 293
Bar Association of Queensland 12Secondary list
• Shepherd J, “Communications with Witnesses Before and During their Evidence”,
(1987) 3 Aust Bar Rev 28
• Y Ross, Ethics in Law: Lawyers’ responsibility and accountability (6th edn, LexisNexis
Butterworths Australia, 2013) chapter 14
• Corones, Stobbs & Thomas, Professional Responsibility and Legal Ethics in
Queensland (2nd edn Thomson Reuters/Lawbook Co, 2014), chapter 12
• GN Williams (ed), Harrison’s Law and Conduct of the Legal Profession in Queensland
(2nd edn, 1984)
• C Parker & A Evans, Inside lawyers’ ethics (2nd edn, Cambridge Uni Press, 2013)
• A Boon, The ethics and conduct of lawyers in England and Wales (Oxford: Hart
Publishing, 3rd edn, 2014)
• Sir G Brennan, Ethics and the advocate CLE, 1992
• Sir William Boulton, A guide to conduct and etiquette at the Bar of England and
Wales (London: Butterworths, 6th edn, 1975)
Bar Association of Queensland 13Appendix B
Reading List - Practice and Procedure Examination
(last amended 10 April 2017)
(A) READING MATERIAL FOR PROCEEDINGS IN QUEENSLAND COURTS
• The following Rules as annotated in “Civil Procedure Queensland”, Uniform Civil
Procedure Rules Volume 1, Loose Leaf Service, Published by Butterworths:
o Rules 5 (Philosophy), 8 to 14 (Starting Proceedings), 149-168 (Rules of
Pleading), 171 (Striking out Pleadings), 209-227 (Disclosure), 242-249 (Non-
Party Disclosure), 280 (Default by Plaintiff), 292 and 293 (Summary
Judgment), 366 and 367 (Directions), 371 (Effect of Failure to Comply with
Rules), 378 (Amendment), 389 (Continuation of Proceeding after Delay), 390
(Way evidence given), 423 to 429S (Expert Evidence), 430 to 441 (Affidavits).
• District Court Of Queensland Act 1967 (Qld), s 68(1) and (2) (Monetary Limit), s 69
• Magistrates Court Act 1921 (Qld), ss 2 and 4 (Prescribed Limit)
• Practice Direction No. 1 of 2007 for the Supreme Court, “Freezing Orders” (also
known as “Mareva Orders” or “Asset Preservation Orders”)
• Practice Direction No. 2 of 2007 for the Supreme Court, “Search Orders” (also
known as “Anton Piller Orders”)
• Practice Direction No. 11 of 2012 for the Supreme Court, “Supervised Case List”
• Halsburys Laws of Australia, Loose Leaf Volume 20, “Evidence on Interim and
Interlocutory Applications”, paragraph 325-2755 to 325-2770
• Vaughan v Bonjiorno [2007] NSWSC 1398
• Tyler v Custom Credit Corp Limited [2000] QCA 178
• Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd [2008] QSC 302
• Shaw v Deputy Commissioner of Taxation; Rablin v Deputy Commissioner of Taxation
[2016] QCA 275
• Article: “Drawing an Affidavit”, June 2000, Proctor, Downes S.C.
• Article: “Drawing an Affidavit Part 2”, July 2000, Proctor, Downes S.C.
• Article: “Drafting Affidavits Made Simple”, AJH Morris QC, (1989) 6 Qld Law SOC J
247 to 253
Bar Association of Queensland 14• “Australian Civil Procedure”, 11th Edition, B Cairns 2016 “Interlocutory
Injunctions” at paras [13.160] to [13.200] and “Ex Parte Application for
Injunctions” at para [13.210].
(B) READING MATERIAL FOR PROCEEDINGS IN THE FEDERAL COURT
• The following sections of the Federal Court of Australia Act 1976 (Cth) as annotated
in the Federal Court volume of Practice and Procedure – High Court and Federal
Court of Australia (LexisNexis/Butterworths) (annotated editions are also
published by Thomson Reuters or CCH):
o Sections 19 to 23 and 32
o Section 31A
o Part VB, containing sections 37M to 37P
• Federal Circuit Court of Australia Act 1999 (Cth), ss 10 and 18
• The following parts of the Federal Court Rules 2011, as annotated in the Federal
Court volume of Practice and Procedure – High Court and Federal Court of
Australia (LexisNexis/Butterworths) (annotated editions are also published by
Thomson Reuters or CCH):
o Parts 1 (Preliminary), 8 (Starting Proceedings), 16 (Pleadings), 17
(Interlocutory Applications), 20 (Discovery and Inspection of Documents), 26
(Ending Proceedings Early) and 29 (Evidence)
• Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
esp at [5]-[6] (French CJ), at [92]-[103] (Gummow, Hayne, Crennan, Kiefel and Bell
JJ) at [156] (Heydon J).
• Spencer v Commonwealth of Australia (2010) 241 CLR 118 at [49]-[60]
• “Australian Civil Procedure”, 11th Edition, B Cairns 2016:
o Chapter 6 “Pleading” esp paras [6.170]-[6.210]
o Chapter 12 “Summary Disposal and Discontinuance of Litigation” esp paras
[12.300]-[12.470]
o Chapter 14 “Interlocutory Proceedings” esp paras [14.40]-[14.50]
Bar Association of Queensland 15Appendix C
Reading List – Evidence Examination
(last amended 19 March 2018)
• Evidence Act 1977 (Qld)
• Chapter 11 (rules 390-448) Uniform Civil Procedure Rules
• Evidence Act 1995 (Cth)
• Division 30.3 Federal Court Rules 2011
• Cross on Evidence, Heydon, 8th, 9th, 10th and 11th Australian edns, Butterworths:
Chapters 1, 4, 5 (part 1), 6 (part 2B), 9 (parts 2 to 4), 15, 16, 17 (parts 3 and 4),
18 (to the extent that this chapter addresses Queensland and Commonwealth
legislation), 20 (part 1).
Bar Association of Queensland 16Appendix D
POLICY FOR BAR PRACTICE COURSE EXAMINATIONS
1. It shall be a condition precedent of a candidate undertaking the Bar Practice
Course conducted by the Bar Association of Queensland that he or she sit for and
pass to a standard of 65 marks for the following examinations:
(a) legal ethics of barristers;
(b) evidence;
(c) practice and procedure.
2. Staff of the Bar Association of Queensland shall make known to prospective
candidates the requirements for the exam and the relevant reading list which is
contained in the Information for Applicants: Bar Practice Course booklet. That
information may be available by way of the Bar Association of Queensland
website.
3. If a candidate is suffering from an illness, injury, or accident that compromises
the candidate’s physical or mental ability to perform in the examination/s, the
candidate must notify the supervising Invigilator of that on the day of the
examination. Within two days of sitting the examination/s the candidate must
also provide a written statement to the Manager, Advocacy Training and
Development, BAQ that details how their capability was affected. The application
must have supporting documentation in the form of a medical certificate or
doctor’s note where appropriate and any other relevant information.
The information will then be assessed and a determination made by the Bar
Practice Course Committee.
4. If a candidate experiences any other circumstances which compromises the
candidate’s ability to perform in the examination/s, the candidate must notify the
supervising Invigilator of that on the day of the examination. Within two days of
sitting the examination/s the candidate must also provide a written statement to
the Manager, Advocacy Training and Development, BAQ that details how the
candidate’s performance was compromised and, where relevant, must include
supporting documentation.
The information will then be assessed and a determination made by the Bar
Practice Course Committee.
5. In the event a candidate fails by not more than five marks to attain the pass mark
of 65 marks, the paper shall be reviewed by a moderator.
If, on such review, the candidate still fails to attain the pass mark of 65 marks, the
candidate may apply in writing to the Bar Practice Course Committee seeking a
reconsideration of their examination result. Such application must be made
within seven days of the date of notification of the examination result/s to the
candidate by the Bar Association of Queensland. The application must clearly set
out any special circumstance that occurred prior to or during the examination/s
which the candidate considers compromised the candidate’s ability to perform in
the examination including, where relevant, anything referred to in paragraphs [3]
and [4] ante.
The Bar Practice Course Committee may, in its absolute discretion, allow the
candidate to undertake a supplementary examination viva voce, and in exercising
Bar Association of Queensland 17this discretion it may have regard inter alia, to the other examinations sat for by
the candidate, the marks attained by the candidate in such other examinations,
and any other matters which appear to the Bar Practice Course Committee to be
relevant.
6. Where a candidate fails an examination, he or she may sit and pay for the
examination when that examination is next conducted.
7. Notwithstanding paragraph 6, in order to be permitted to participate in the Bar
Practice Course, a candidate must have passed all three examinations within a
period of no longer than the aggregate of three successive examination periods
(including marking and review time(s)) and the intervals between those.
“Passing” can include reliance upon a successful supplementary examination viva
voce in any instance, as per current published arrangements and practice to date.
8. Subject to (11) post, candidates who pass any of the three subjects may carry
credit for that until the time limited for application to participate in the second
successive course thereafter.
9. A candidate may apply in writing to the Bar Practice Course Committee for an
extension of the currency of their prior successful examination results. Any such
application will be determined by the delegates of that Committee in their
discretion.
10. Failure to pass all three examinations over three successive examination periods
will render the candidate ineligible again to sit the examinations for the following
three successive examination periods and with no credit for any previous passes.
11. The Committee reserves the power, in any event, not to allow candidates to re-sit
examinations, other than by re-sitting all three examinations, on a case-by-case
basis, having regard to the overall quality of a candidate’s performance in prior
examinations.
Bar Association of Queensland 18You can also read
