Information for Applicants - The Bar Association of Queensland

Information for Applicants Bar Practice Course

(Last updated 27 September 2021)

Bar Association of Queensland 2

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 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.


3.5. 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 Bar Exams & Bar Practice Course.

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 online Application Form is a statutory declaration. An applicant must complete the online form and sign. Once the application has been approved an invoice will be issued and Applicants will be requested to pay the pre-course examination fee by the due date. The pre-course examination fee is in addition to the prescribed Bar Practice Course fee. 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

https://qldbar.asn.au/baq-cms/bar-exams

https://qldbar.asn.au/baq-cms/bar-exams


university 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 [email protected]

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

mailto:[email protected]


before 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 (including smart watches) 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


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

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.

http://www.qldbar.asn.au/


8. 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

Evidence

Advocacy – oral and written

Mock Hearings

Ethics

Opinion writing and advices

Family law practice

Setting up a Barrister’s Practice

Alternative dispute resolution

Criminal law practice

Civil law practice

Drafting documents

Research

Preparation for trial

Appeals

Dealing with people from minority groups


9.5. 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 $450 (including GST). Payment is required by the due date on the invoice issued. This fee is not refundable or transferable.

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.

11.4. 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.


14. 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.

Please check the website regularly for dates as these are subject to change.

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.




IMPORTANT

The Ethics, Practice & Procedure and Evidence Reading Lists are subject to change.

Appendix A

Reading List – Legal Ethics for Barristers Examination

(last amended 29 September 2021) 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 Secondary 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)

The Hon TF Bathurst AC, “Off with the wig: Issues that arise for advocates when switching from the courtroom to the negotiating table” : [2017 NSW Bar Association News 48.]


Appendix B

Reading List - Practice and Procedure Examination

(last amended 14 September 2021)

(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


“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

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]


Appendix C

Reading List – Evidence Examination

(last amended 9 March 2021)

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, 12th Australian edn, 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).


Appendix 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 Bar Practice Co-

ordinator - 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 Bar Practice Co-ordinator - 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.

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.

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.

Information for Applicants - The Bar Association of Queensland

Documents

Transcript of Information for Applicants - The Bar Association of Queensland