Page 1 of 120
QLD BAR EXAM (EVIDENCE) {LATEST 2026/
2027 UPDATE} COMPLETE ACTUAL AND
AUTHENTIC EXAM | BRAND NEW!
What evidence law applies to Qld courts exercising federal
jurisdiction?
Provided no contrary provision in the Constitution or the laws of the
Commonwealth, Qld EA and common law where Qld EA is silent
What is the evidentiary use of a prior consistent statement used to
rebut an allegation of recent invention once admitted into evidence?
(Qld and Cth)
Qld: s 101 Qld EA - prior consistent statement used to rebut allegation
of recent invention is admissible evidence of any fact stated therein
(of which direct oral evidence by the person would be admissible)
Cth - goes to credibility only
What is a prior inconsistent statement?
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If the testimony is not consistent with the prior statement, then it is
inconsistent
Test of inconsistency = whether the trier of fact could reasonably find
that a witness who believed the facts testified to would have been
unlikely to make the prior statement
What effect does a prior inconsistent statement (if proved) have on a
witness's testimony?
Entitles, but does not compel, the trier of fact to reject the witness's
sworn testimony
How can prior inconsistent statements be admitted into evidence in
Qld?
Prior oral statements: s 18 Qld EA - (1) if witness does not admit
making PIS, proof may be given that they did make it; (2) must first
ask witness whether they have made such a statement
Prior written statements: s 19 Qld EA - (1) witness may be xxn'd about
a statement made by the witness in writing or reduced into writing
without being shown it; (2) but, if intending to contradict witness by
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reference to the statement, they must be shown those parts of the
statement before contradictory proof can be given
Otherwise, witness required to be shown doc before being asked
questions on it (and it must be admissible). If inadmissible, can just
ask witness to read it and if their testimony remains the same.
How can prior inconsistent statements be admitted into evidence in
Cth matters?
s 106 Cth EA - can put PIS to a witness if the substance of the PIS was
put to the witness in xxn and the witness denied or did not admit or
agree to the substance of the PIS
Can a prior inconsistent statement of an accused be adduced during
their cross-examination?
Crown usually cannot admit new evidence when xxn accused on PIS,
but may have 'right of reply' to evidence led by defence that could not
have been reasonably anticipated by the crown
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What is the evidentiary value of a prior inconsistent statement in Qld?
s 101 Qld EA - PIS proved by ss 17, 18 or 19 or a prior statement
rebutting the PIS is admissible as evidence of any fact stated therein of
which direct oral evidence by the person would be admissible
s 102 Qld EA - in determining weight to be attached to any PIS or PCS,
regard shall be had to all the circumstances from which an inference
can be reasonably drawn,
If witness concedes PIS, it does not go into evidence and goes to credit
only (not evidence of contents)
When might a witness not be required to be cross-examined?
Generally, all witnesses liable to be cross-examined, except one not
examined in chief because they were called:
- for the sole purpose of producing a document
- by mistake (e.g. because they cannot give the evidence the party
thought they could, but not because their evidence turned out to be
inadmissible)
QLD BAR EXAM (EVIDENCE) {LATEST 2026/
2027 UPDATE} COMPLETE ACTUAL AND
AUTHENTIC EXAM | BRAND NEW!
What evidence law applies to Qld courts exercising federal
jurisdiction?
Provided no contrary provision in the Constitution or the laws of the
Commonwealth, Qld EA and common law where Qld EA is silent
What is the evidentiary use of a prior consistent statement used to
rebut an allegation of recent invention once admitted into evidence?
(Qld and Cth)
Qld: s 101 Qld EA - prior consistent statement used to rebut allegation
of recent invention is admissible evidence of any fact stated therein
(of which direct oral evidence by the person would be admissible)
Cth - goes to credibility only
What is a prior inconsistent statement?
,Page 2 of 120
If the testimony is not consistent with the prior statement, then it is
inconsistent
Test of inconsistency = whether the trier of fact could reasonably find
that a witness who believed the facts testified to would have been
unlikely to make the prior statement
What effect does a prior inconsistent statement (if proved) have on a
witness's testimony?
Entitles, but does not compel, the trier of fact to reject the witness's
sworn testimony
How can prior inconsistent statements be admitted into evidence in
Qld?
Prior oral statements: s 18 Qld EA - (1) if witness does not admit
making PIS, proof may be given that they did make it; (2) must first
ask witness whether they have made such a statement
Prior written statements: s 19 Qld EA - (1) witness may be xxn'd about
a statement made by the witness in writing or reduced into writing
without being shown it; (2) but, if intending to contradict witness by
,Page 3 of 120
reference to the statement, they must be shown those parts of the
statement before contradictory proof can be given
Otherwise, witness required to be shown doc before being asked
questions on it (and it must be admissible). If inadmissible, can just
ask witness to read it and if their testimony remains the same.
How can prior inconsistent statements be admitted into evidence in
Cth matters?
s 106 Cth EA - can put PIS to a witness if the substance of the PIS was
put to the witness in xxn and the witness denied or did not admit or
agree to the substance of the PIS
Can a prior inconsistent statement of an accused be adduced during
their cross-examination?
Crown usually cannot admit new evidence when xxn accused on PIS,
but may have 'right of reply' to evidence led by defence that could not
have been reasonably anticipated by the crown
, Page 4 of 120
What is the evidentiary value of a prior inconsistent statement in Qld?
s 101 Qld EA - PIS proved by ss 17, 18 or 19 or a prior statement
rebutting the PIS is admissible as evidence of any fact stated therein of
which direct oral evidence by the person would be admissible
s 102 Qld EA - in determining weight to be attached to any PIS or PCS,
regard shall be had to all the circumstances from which an inference
can be reasonably drawn,
If witness concedes PIS, it does not go into evidence and goes to credit
only (not evidence of contents)
When might a witness not be required to be cross-examined?
Generally, all witnesses liable to be cross-examined, except one not
examined in chief because they were called:
- for the sole purpose of producing a document
- by mistake (e.g. because they cannot give the evidence the party
thought they could, but not because their evidence turned out to be
inadmissible)
