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Exam (elaborations)

BAR EXAM QUESTIONS WITH COMPLETE ANSWERS

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BAR EXAM QUESTIONS WITH COMPLETE ANSWERS

Institution
Bar
Course
Bar

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NSW Bar Association v Evatt


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The role of the Court in disciplining practitioners is "entirely protective"




Re Davis


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"The bar is no ordinary profession. Counsel must command the person
confidence of other members of the bar...and of judges"




Adam v R

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Overturned by insertion of s 101A. In s 102, the other use to be made of the
evidence must be admissible.




Supreme Court Act 1970 - s 23


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23 Jurisdiction generally
The Court shall have all jurisdiction which may be necessary for the
administration of justice in New South Wales.




Duty to Opponent
(Barristers Rules)


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Rule 49: Must Not Mislead Opponent
Rule 50: Correct as soon as possible
Rule 52: No dealing with their clients
Rule 54: No ex parte communication with the Court




UCPR Pt 20


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, Resolution without Hearing
- Mediation, Arbitration, Conciliation




R v Reardon


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A prosecutor has a duty to make available all material which may be of
assistance to the defence




Em v R


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1. S 90 EA is a safety net provision if no other ground of exclusion is met.
2. Fairness under s 90 EA is about use of the evidence at trial, not how the
evidence was obtained.
3. The burden of proof is on the defendant.




NSWSC PN SC GEN 13


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, Search Orders
- "extraordinary"
- form of order included
- affidavit in support should describe the things, their location, why sought,
the prejudice to be suffered, occupants of the property




UCPR Pt 15


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Particulars
- Bailey v Commissioner for Taxation (confine, refine, avoid surprise)




UCPR Pt 42


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Costs
(See also s 98, CPA)


Remember -
42.1 (general rule)
42.5 (indemnity costs - Oshlack v Richmond River Council [relevant
delinquency]
42.21 (Security) Idoport v NAB (fairness to D, justice to P)




Advocacy Rules:
Legal Profession Uniform Conduct
(Barristers) Rules 2015

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Institution
Bar
Course
Bar

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