QLD BAR FINAL TEST 2026 QUESTIONS
WITH CORRECT ANSWERS GRADED A+
◍ What is the general rule around opinion evidence?What are the two general
exceptions to the opinion evidence rule?.
Answer: Opinion evidence - general principles No opinions, just factsThe
exclusionary rule is that opinions of lay persons are in-admissable-
However, the exceptions are1) Lay opinions2) Experts opinions.
◍ hearsay within hearsay.
Answer: one out-of-court statement being offered for its truth, that repeats or
otherwise contains another out-of-court statement being offered for its truth
◍ Therefore, what are the steps of s93B Evidence Act 1977 (Qld) Does (1)
allow for first or second hand evidence?.
Answer: Allows 1st hand hearsay under certain conditions1) The prescribed
criminal proceedings only (see s93B(5) Evidence Act 1977 (Qld))2) The
maker of the statement had personal knowledge3) The maker of the
statement is unavailable because dead or mentally or physically incapable
ofgiving evidence4) Evidence would have been admissible as testimony
from the dead/incapable speaker.In addition, 1 of the following from
s93B(2) Evidence Act 1977 (Qld)1) When or shortly after the event & and
unlikely that representation is a fabrication; or2) Highly probable that
representation is reliable; or3) Representation was adverse to the speakers'
interest
◍ Which evidence Act applies in Cth matter in the Qld supreme court.
Answer: Cth matters in Qld courts (under s79 Judiciary Act 1903 (Cth) -
EAQ applies
◍ What do ss93, 98 and 102 Evidence Act 1977 (Qld) state.
Answer: s93C EAQ- If evidence is admitted under s93B- Jury warning
, about potential unreliability of hearsayS102 EAQ- The weight of evidence
under s93B is a matter for the jury.S98 EACH- The court can refuse to
admit a statement under s93B if it is inexpedient in the interest of justice.- In
which it only applies to part 6 of the EAQ.
◍ What are the sources of evidence Law What is the main source of evidence
law for the Commonwealth v Queensland..
Answer: 1) Common Law2) Evidence Act 1977 (Qld) (EAQ)3) Other
statues; eg s436(3) PRRA)4) Rules of court- e.g. Criminal practice rules,
UCPR5) Benchbooks (not law, but info about law)6) Evidence Act 1995
(Cth) Uniform Evidence Act/s (EAC)- EAQ applies in Qld court- S4 EAC
applies in the federal court
◍ statements made by an opposing party -- admission by silence.
Answer: failed to respond to accusatory statement, heard and understood the
accusation, capable of denying accusation, a reasonable person would have
denied it
◍ Shield Rules for Sexual Assault Victims.
Answer: - generally inadmissible in criminal cases (no reputation, opinion,
specific acts) - three exceptions: (1) someone other than the was the
source, (2) asserting defense of consent, and (3) constitutional rights
◍ What is the case of Adelaide Chemical v Carlyle (1940) 64 CLR
514-Chemical spill leaving considerable chemical burns on the deceased? -
Husband told widow 8 minutes after the transaction had ended how the
explosion had occurred.-was this admissable evidence? Spontenous?
Contemporaneous?.
Answer: Adelaide Chemical v Carlyle (1940) 64 CLR 514Facts: This case
involved an industrial accident, which resulted in a chemical explosion that
resulted in the deceased person suffering significant burns, in which his
widow brought a civil claim against the company. Her husband's last words
explained how the explosion that was sought to be admitted as part of the
res gestae exception happened.The husband stated that a few minutes after
the transaction had ended. Like Bedingfield, the court held that the
, statement, while spontaneous enough, was not Contemporaneous enough.
Although it was only a few minutes, it was still held not to fall into the first
requirement.
◍ What is the public interest immunity privilege (provide case
authority)?What are the 4 types of documents that generally fall into this
category?.
Answer: Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1, [37] per
Gibbs ACJThe general rule is that the court will not order the production of
a document, although relevant and otherwise admissible if it would be
injurious to the public interest to disclose it. However, the public interest has
two aspects that may conflict.-Cabinent minutes/documents -minutes of
discussion betweens heads of departments-papers brought into existence for
submission for cabinet- documents which relate to goverment hihg policy?
◍ What is a protected witness per s21M Evidence Act - 16
years?-intellectually impaired?-proceedings for the specially prescribed
offence?-percribed offence but likley to be...?.
Answer: s21M defines ‘protected witness’ as(a) Witness under 16 years;(b)
A witness who is an intellectually impaired person;(c) For a proceeding for
a prescribed special offence, an alleged victim of the offence(d) For a
procedure for a prescribed offence, an alleged offence which the court
considers wouldbe likley to be disadvanatged as a witness or to suffer severe
emotional trauma unless treated as a protected witness.
◍ What does bussiness mean for the purposes of s93 Evidence Act 1977 (Qld)
Provide statue authority?.
Answer: (2)In this section—business includes any public transport, public
utility or similar undertaking carried on in Queensland or elsewhere by the
Crown (in right of the State of Queensland or any other right) or a statutory
body.
◍ contradiction.
Answer: extrinsic evidence is not allowed if contradictory fact is collateral
◍ Identification parades are to be conducted fairly-what should police not do
, in identification parades?R v Dwyer and Ferguson.
Answer: The safest and most satisfactory way of ensuring that a witness
makes an accurate identification is by arranging for the witness to pick out
from a group the person whom he saw on the occasion relevant to the crime.
If an identification parade is held for the purpose, it goes without saying that
precautions must be taken to ensure that no prompting, suggestion or hint is
given to the witness that any particular member of the group is the
suspect.On the other than [sic] it may be necessary for a police officer to
show a number of photographs to a witness in an attempt to obtain
information as to the identity of an offender; if such a witness did identify
the offender from a photograph, it would not necessarily be unfair for that
witness later to be asked to select the offender from a group at an
identification parade, but the fact that the witness had seen the photograph
might affect the value of the later identification at the parade: see R v Dwyer
and Ferguson
◍ collateral contradictory fact.
Answer: no significance/relevance to witness's credibility or merits of the
case
◍ What is a lawyers duty in relation to privilage Advice?Who can claim
privilege?When can a lawyer claim privilege for themselves?.
Answer: Lawyer’s role is to advise client about privilege and then to act on
client instructions (eg claim for client or waive as agent for client)Lawyer
cannot claim privilege to force a client to hide a document or information
that the lawyer would like to keep secret. Only client/witness gets to
decide.A lawyer can only claim this privilege for themselves when they are
another lawyer’s client (ie they are acting as the client/witness not as a
lawyer).
◍ What is the case of R v Robertson and Ors [2015] QCA 11How did the
court distinguish R v Lester [2008] QCA 354Was there a relaxing of the
time limit in s93B(2)(a) EAQ 1977/.
Answer: R v Robertson and Ors [2015] QCA 11Facts: This case involved
WITH CORRECT ANSWERS GRADED A+
◍ What is the general rule around opinion evidence?What are the two general
exceptions to the opinion evidence rule?.
Answer: Opinion evidence - general principles No opinions, just factsThe
exclusionary rule is that opinions of lay persons are in-admissable-
However, the exceptions are1) Lay opinions2) Experts opinions.
◍ hearsay within hearsay.
Answer: one out-of-court statement being offered for its truth, that repeats or
otherwise contains another out-of-court statement being offered for its truth
◍ Therefore, what are the steps of s93B Evidence Act 1977 (Qld) Does (1)
allow for first or second hand evidence?.
Answer: Allows 1st hand hearsay under certain conditions1) The prescribed
criminal proceedings only (see s93B(5) Evidence Act 1977 (Qld))2) The
maker of the statement had personal knowledge3) The maker of the
statement is unavailable because dead or mentally or physically incapable
ofgiving evidence4) Evidence would have been admissible as testimony
from the dead/incapable speaker.In addition, 1 of the following from
s93B(2) Evidence Act 1977 (Qld)1) When or shortly after the event & and
unlikely that representation is a fabrication; or2) Highly probable that
representation is reliable; or3) Representation was adverse to the speakers'
interest
◍ Which evidence Act applies in Cth matter in the Qld supreme court.
Answer: Cth matters in Qld courts (under s79 Judiciary Act 1903 (Cth) -
EAQ applies
◍ What do ss93, 98 and 102 Evidence Act 1977 (Qld) state.
Answer: s93C EAQ- If evidence is admitted under s93B- Jury warning
, about potential unreliability of hearsayS102 EAQ- The weight of evidence
under s93B is a matter for the jury.S98 EACH- The court can refuse to
admit a statement under s93B if it is inexpedient in the interest of justice.- In
which it only applies to part 6 of the EAQ.
◍ What are the sources of evidence Law What is the main source of evidence
law for the Commonwealth v Queensland..
Answer: 1) Common Law2) Evidence Act 1977 (Qld) (EAQ)3) Other
statues; eg s436(3) PRRA)4) Rules of court- e.g. Criminal practice rules,
UCPR5) Benchbooks (not law, but info about law)6) Evidence Act 1995
(Cth) Uniform Evidence Act/s (EAC)- EAQ applies in Qld court- S4 EAC
applies in the federal court
◍ statements made by an opposing party -- admission by silence.
Answer: failed to respond to accusatory statement, heard and understood the
accusation, capable of denying accusation, a reasonable person would have
denied it
◍ Shield Rules for Sexual Assault Victims.
Answer: - generally inadmissible in criminal cases (no reputation, opinion,
specific acts) - three exceptions: (1) someone other than the was the
source, (2) asserting defense of consent, and (3) constitutional rights
◍ What is the case of Adelaide Chemical v Carlyle (1940) 64 CLR
514-Chemical spill leaving considerable chemical burns on the deceased? -
Husband told widow 8 minutes after the transaction had ended how the
explosion had occurred.-was this admissable evidence? Spontenous?
Contemporaneous?.
Answer: Adelaide Chemical v Carlyle (1940) 64 CLR 514Facts: This case
involved an industrial accident, which resulted in a chemical explosion that
resulted in the deceased person suffering significant burns, in which his
widow brought a civil claim against the company. Her husband's last words
explained how the explosion that was sought to be admitted as part of the
res gestae exception happened.The husband stated that a few minutes after
the transaction had ended. Like Bedingfield, the court held that the
, statement, while spontaneous enough, was not Contemporaneous enough.
Although it was only a few minutes, it was still held not to fall into the first
requirement.
◍ What is the public interest immunity privilege (provide case
authority)?What are the 4 types of documents that generally fall into this
category?.
Answer: Sankey v Whitlam [1978] HCA 43; (1978) 142 CLR 1, [37] per
Gibbs ACJThe general rule is that the court will not order the production of
a document, although relevant and otherwise admissible if it would be
injurious to the public interest to disclose it. However, the public interest has
two aspects that may conflict.-Cabinent minutes/documents -minutes of
discussion betweens heads of departments-papers brought into existence for
submission for cabinet- documents which relate to goverment hihg policy?
◍ What is a protected witness per s21M Evidence Act - 16
years?-intellectually impaired?-proceedings for the specially prescribed
offence?-percribed offence but likley to be...?.
Answer: s21M defines ‘protected witness’ as(a) Witness under 16 years;(b)
A witness who is an intellectually impaired person;(c) For a proceeding for
a prescribed special offence, an alleged victim of the offence(d) For a
procedure for a prescribed offence, an alleged offence which the court
considers wouldbe likley to be disadvanatged as a witness or to suffer severe
emotional trauma unless treated as a protected witness.
◍ What does bussiness mean for the purposes of s93 Evidence Act 1977 (Qld)
Provide statue authority?.
Answer: (2)In this section—business includes any public transport, public
utility or similar undertaking carried on in Queensland or elsewhere by the
Crown (in right of the State of Queensland or any other right) or a statutory
body.
◍ contradiction.
Answer: extrinsic evidence is not allowed if contradictory fact is collateral
◍ Identification parades are to be conducted fairly-what should police not do
, in identification parades?R v Dwyer and Ferguson.
Answer: The safest and most satisfactory way of ensuring that a witness
makes an accurate identification is by arranging for the witness to pick out
from a group the person whom he saw on the occasion relevant to the crime.
If an identification parade is held for the purpose, it goes without saying that
precautions must be taken to ensure that no prompting, suggestion or hint is
given to the witness that any particular member of the group is the
suspect.On the other than [sic] it may be necessary for a police officer to
show a number of photographs to a witness in an attempt to obtain
information as to the identity of an offender; if such a witness did identify
the offender from a photograph, it would not necessarily be unfair for that
witness later to be asked to select the offender from a group at an
identification parade, but the fact that the witness had seen the photograph
might affect the value of the later identification at the parade: see R v Dwyer
and Ferguson
◍ collateral contradictory fact.
Answer: no significance/relevance to witness's credibility or merits of the
case
◍ What is a lawyers duty in relation to privilage Advice?Who can claim
privilege?When can a lawyer claim privilege for themselves?.
Answer: Lawyer’s role is to advise client about privilege and then to act on
client instructions (eg claim for client or waive as agent for client)Lawyer
cannot claim privilege to force a client to hide a document or information
that the lawyer would like to keep secret. Only client/witness gets to
decide.A lawyer can only claim this privilege for themselves when they are
another lawyer’s client (ie they are acting as the client/witness not as a
lawyer).
◍ What is the case of R v Robertson and Ors [2015] QCA 11How did the
court distinguish R v Lester [2008] QCA 354Was there a relaxing of the
time limit in s93B(2)(a) EAQ 1977/.
Answer: R v Robertson and Ors [2015] QCA 11Facts: This case involved
