QLD BAR COMPREHENSIVE STUDY GUIDE
Question and Answer 2026 | Comprehensive
Revision Notes & Answer Key | A+ Verified
• What are the exceptions to Hearsay? -✓✓Original evidence - prove
matter distinct from words, or to prove terms
• What is the business records exception to Hearsay? -✓✓EAC 69
Hearsay rule does not apply to documents where representation made by
person with personal knowledge of asserted fact
• What EAC section is hearsay? -✓✓EAC 59 - Definition
• What EAC section are hearsay exceptions? -✓✓EAC 60-75
• What EAC section is relevance? -✓✓EAC 55-56
• What EAC section is opinion? -✓✓EAC 76
• What EAC section is admission? -✓✓EAC 81
• What EAC section is general discretion to exclude? -✓✓EAC 135 -
prejudicial >> probative
,• What EAC section is exclusion of prejudicial evidence in criminal
proceedings? -✓✓EAC 137 - derived from CL christie direction
• What EAC section is discretion to exclude for illegality? -✓✓EAC
138
• What EAC section is relevance? -✓✓EAC 55
• What EAC sections govern tendency and coincidence evidence? -
✓✓EAC 97-98
replaced Pfennig/Hoch at CL
• What EAC section allows for evidence to be given in narrative form? -
✓✓EAC 29
Narrative form if so directed by the court may replace standard Q&A
system
• What is the Briginshaw standard? -✓✓the strength of evidence
necessary to establish facts on the balance of probabilities, may depend
on the nature of what is sought to be proven.'
More serious, more stringent
, EAC 140(2)
• What is legal burden of proof? -✓✓Requirement of a rule of law that a
fact in issue be proved to either preponderance of evidence or beyond
reasonable doubt
• What is evidential burden of proof? -✓✓Requirement to show
sufficient evidence to raise an issue as to existence or non existence of a
fact in issue.
Minimum threshold for raising an issue at trial
• Who determines decides on whether the legal and evidentiary burdens
have been met? -✓✓Trier of fact decides legal burden, judge decides
evidentiary burden.
• What is a Fact in Issue? -✓✓All facts which P must prove to succeed
at trial and which D must prove to establish defence.
• What is circumstantial evidence? -✓✓Facts the existence of which
may infer the existence of a Fact in Issue
• What is the Jones v Dunkel rule? -✓✓Unexplained failure to call
evidence / witness / document may lead to inference that the missing
material would not have assisted that party's case.
Question and Answer 2026 | Comprehensive
Revision Notes & Answer Key | A+ Verified
• What are the exceptions to Hearsay? -✓✓Original evidence - prove
matter distinct from words, or to prove terms
• What is the business records exception to Hearsay? -✓✓EAC 69
Hearsay rule does not apply to documents where representation made by
person with personal knowledge of asserted fact
• What EAC section is hearsay? -✓✓EAC 59 - Definition
• What EAC section are hearsay exceptions? -✓✓EAC 60-75
• What EAC section is relevance? -✓✓EAC 55-56
• What EAC section is opinion? -✓✓EAC 76
• What EAC section is admission? -✓✓EAC 81
• What EAC section is general discretion to exclude? -✓✓EAC 135 -
prejudicial >> probative
,• What EAC section is exclusion of prejudicial evidence in criminal
proceedings? -✓✓EAC 137 - derived from CL christie direction
• What EAC section is discretion to exclude for illegality? -✓✓EAC
138
• What EAC section is relevance? -✓✓EAC 55
• What EAC sections govern tendency and coincidence evidence? -
✓✓EAC 97-98
replaced Pfennig/Hoch at CL
• What EAC section allows for evidence to be given in narrative form? -
✓✓EAC 29
Narrative form if so directed by the court may replace standard Q&A
system
• What is the Briginshaw standard? -✓✓the strength of evidence
necessary to establish facts on the balance of probabilities, may depend
on the nature of what is sought to be proven.'
More serious, more stringent
, EAC 140(2)
• What is legal burden of proof? -✓✓Requirement of a rule of law that a
fact in issue be proved to either preponderance of evidence or beyond
reasonable doubt
• What is evidential burden of proof? -✓✓Requirement to show
sufficient evidence to raise an issue as to existence or non existence of a
fact in issue.
Minimum threshold for raising an issue at trial
• Who determines decides on whether the legal and evidentiary burdens
have been met? -✓✓Trier of fact decides legal burden, judge decides
evidentiary burden.
• What is a Fact in Issue? -✓✓All facts which P must prove to succeed
at trial and which D must prove to establish defence.
• What is circumstantial evidence? -✓✓Facts the existence of which
may infer the existence of a Fact in Issue
• What is the Jones v Dunkel rule? -✓✓Unexplained failure to call
evidence / witness / document may lead to inference that the missing
material would not have assisted that party's case.
