Information for Applicants

Information for Applicants Bar Practice Course Bar Association of Queensland Course_Info_Booklet_2016 Information for Applicants Page 2 Contents ...
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Information for Applicants Bar Practice Course Bar Association of Queensland

Course_Info_Booklet_2016

Information for Applicants Page 2

Contents

Page

Objectives of Bar Practice Centre

3

Bar Practice Course Committee

3

The Bar Practice Course

3 -4

Application Process

4-5

Bar Practice Course Offers

5-6

Pre-Course Examination Information

6-7

Applicants for disability accommodation

7

Bar Practice Course Description

7

Bar Practice Course Content and delivery Satisfactory Completion of the Bar Practice Course Fees – Application and Course Fees

7-9 9 9-10

Withdrawal from Pre-Course Examinations after Application

10

Withdrawal from the Course after Acceptance or after course commences

10

Places in the Bar Practice Course Cannot Be Deferred

10

Important Dates - Closing Dates for Applications

11

Important Dates – Pre-course Examination Dates

11

Important Dates – Bar Practice Course Dates

12

Practising Certificates

12

Organisations

12

Applications

12-13

Reading List (Pre-course Examinations) Appendix A

14

Appendix B

15-16

Appendix C

17

Examination Policy - Appendix D Course_Info_Booklet_2016

18-19

Information for Applicants Page 3 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 practice 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

3.

The operations of the Course are governed by the Bar Practice Course Committee which consists of members of the Judiciary and Bar Association of Queensland and the Director – Bar Practice Course who is a staff member of the Bar Association of Queensland.

The Bar Practice Course 3.1

3.2 3.3

3.4 3.5

The Bar Practice Course is a practical training course offered by the Bar Association of Queensland. 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. 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.

The Course has a significant number of oral advocacy sessions (mock hearings, leading evidence, and the advocacy intensive weekend sessions) where the reader will be required to demonstrate their oral advocacy skills to a satisfactory standard. Readers will also be expected to meet the standards required in written advocacy (drafting of pleadings and advices) and participate in workshops including ethics, court procedures, dealing with people from minority groups and setting up a barristers practice. 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 prior to making an application.

The Director, in consultation with the Bar Practice Course Committee, sets the timetable for the Bar Practice Course. Attendance at all sessions is compulsory as is the satisfactory completion and participation in all sessions before obtaining a certificate of satisfactory completion.

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Information for Applicants Page 4

4.

Applicants should give serious consideration to this requirement before accepting a place in the Course. Non attendance or late attendance for any reason is grounds for refusal of the granting of a certificate of satisfactory completion.

Application Process 4.1 4.2 4.3

4.4

4.5

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 due date. Applicants must be legal practitioners or eligible for admission as legal practitioners in Australia at the closing date of the application. If a person does not meet this criterion, the application will not be accepted. The application form is a statutory declaration. An applicant must complete the prescribed form and have it signed and witnessed by an authorised person, that is, a JP/C.Dec/Solicitor/Barrister. Evidence of eligibility of admission or admission must be attached to the application form, along with two passport size photographs. Applicants must pay the pre-course examination application fee at the time of application. The precourse examination fee is in addition to the prescribed Bar Practice Course fee.

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 university course and does not satisfy the requirements for visa/immigration purposes. If required the Bar Practice Course reserves the right to ask applicants for proof of citizenship or residency status. Overseas applicants wishing to submit a proposal to undertake the precourse examinations outside Australia should contact the Director – Bar Practice Course at [email protected] no later than 2 months before the closing date to discuss their application. Late applications cannot be considered. To apply for a place in the pre-course examinations and the Bar Practice Course applicants must lodge by 10am on the closing date an Application Form Pre-Course Examinations & Bar Practice Course. The pre-course examination fee must be paid at the time of application and the necessary supporting documentation must be attached. Applications will not be accepted without the fee or documentation. 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 will not have the examination fee refunded.

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Information for Applicants Page 5

4.6

4.7

4.8 5.

Applicants who fail any examination will be required to pay the prescribed examination fee again and complete a new application form if they intend to make further applications. Late applications will not be considered.

Before an applicant is considered for a place in the Bar Practice Course, the Director must be satisfied that the applicant has passed all pre-course examinations. The Director may request evidence of this from the applicant.

Applicants who are offered a place in the Bar Practice Course will be provided with information concerning the Bar Practice Course (referred to as Guidelines to Readers) and a draft timetable. Applicants should read the Guidelines to Readers and draft timetable before accepting a place.

Bar Practice Course Offers 5.1 5.2

5.3

5.4

5.5

Applicants who successfully complete all examinations will then be considered for a place in the next Bar Practice Course.

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.

A letter of offer will be sent by email to the applicant. The applicant must respond by the due date accepting a place in the Bar Practice Course and 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.

In order to be permitted to participate in the Bar Practice Course, a candidate must have passed all three examinations within a period of 12 months prior to the commencement of the course in question. A candidate may apply for an extension of the currency of their examination results to the Bar Practice Course Committee. Such an examination extension of currency will be a matter decided within the absolute discretion of the Bar Practice Course Committee. Submissions regarding extensions of currency must be sent to the Director at [email protected] . 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.

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Information for Applicants Page 6 6.

Pre-Course Examination Information 6.1

6.2 6.3

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%. Please refer to the Examination Policy in Appendix D.

The pre-course examinations will be held on one day at a venue determined by the Bar Practice Course Committee. Please refer to the important dates information below. The pre-course examinations will consist of 3 x 1.5 hour written exams (which includes 10 minutes perusal time in each examination). The three examinations are: (a) Legal Ethics for Barristers; (b) Practice and Procedure; and (c) Evidence.

6.4

The examination questions will substantially consist of problem-based questions. Refer to the Frequently Asked Questions documents for further information. This is located at the Bar Practice Course page at www.qldbar.asn.au . No electronic equipment 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 – a copy of the 2011 Barristers’ Conduct Rules (Qld) and Australian Bar Association, Barristers’ Conduct Rules; (b) Practice and Procedure examination – Uniform Civil Procedure Rules and Federal Court Rules; (c) Evidence examination – Evidence Act (Qld) and Evidence Act (Cth). 6.5

Any person found not complying with this guideline will receive an automatic fail result for the examinations. Reading Lists

The Bar Practice Course Committee will advise applicants that the following reading lists apply:

(a) (b) (c)

Legal Ethics for Barristers – refer to Appendix A; Practice and Procedure –refer to Appendix B; Evidence – refer to Appendix C.

The Bar Practice Course Committee provides the reading list and it is subject to change. The Bar Association of Queensland staff cannot

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Information for Applicants Page 7 assist applicants with locating the prescribed materials. 7.

Applicants for disability accommodation.

8.

An application may be made for disability accommodation in respect of assessment conducted during the Pre-Course Examinations and/or the Bar Practice Course. Please contact the Director, Legal Education, for information in respect of making an application for disability accommodation. Bar Practice Course Description 8.1

The Bar Practice Course is currently offered as a full time six week course.

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), the Director must be notified before the scheduled session, and written reasons for your non-attendance provided. This will be referred to the Bar Practice Course Committee for its consideration. In case of illness, a medical certificate must also be produced. However, a certificate of satisfactory completion will not be issued (even in the event of illness, etc.) until the Reader 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 Bar Practice Course Committee).

8.2

9.

A timetable is provided at the commencement of each course, but it may be subject to changes. Sessions may be rescheduled out of normal hours. Readers are expected to attend those sessions.

Bar Practice Course Content and delivery 9.1 9.2 9.3 9.4

The emphasis of the course is on practice and oral and written advocacy skills.

The content of the course has been selected by the Bar Practice Course 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. The Bar Practice Course Committee may vary the content and method of presentation from one course to another as needs and opportunities occur. The course content usually includes:

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Information for Applicants Page 8 • • • • • • • 9.5

Court procedures and etiquette Evidence Advocacy – oral and written advocacy Mock Hearing examinations Ethics Opinion writing and advices Family law practice

• • • • • • • •

Alternative dispute resolution Criminal law practice Civil law practice Drafting documents Research Preparation for trial Appeals Dealing with people from minority groups Setting up a Barrister’s Practice.

The Course content is divided into four streams: Stream 1 Oral Advocacy; Stream 2 Written advocacy; Stream 3 ADR (mediation and negotiations); and Stream 4 Professionalism and Ethics. The course content covers – evidence, practice and procedure including pleadings, ethics and professional misconduct, addressing the court, adducing evidence, cross examination, written advocacy, alternative dispute resolution, practice management and local BAQ requirements. To pass an assessment to a satisfactory level, Readers 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.

9.6

9.7

Assessment of the four streams 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 reader must also demonstrate through their participation, evidence of preparation for sessions and an understanding of the content. 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 Readers. Notes will usually be available for each session. While efforts are made to keep these notes up to date, Readers should always check that the information is current.

Full-time Courses Two full time courses are held each year. The full time course is a 6 weeks course. Attendance is compulsory. Participation in all sessions is required as well as submission of assessment items. Late submission or nonattendance will result in the applicant failing the course. A timetable of the course components is provided to the applicant at the time of offer.

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Information for Applicants Page 9 9.8

10.

The delivery of a Part-time Course (PTC) is under review by the Bar Association of Queensland. The commencement of the part time course is at the discretion of and subject to the operational requirements of the Bar Association of Queensland. No date has been set for the commencement of the part time course. For information contact the Director – Bar Practice Course.

Satisfactory Completion of the Bar Practice Course 10.1

11.

Part-time Course

Fees 11.1 11.2 11.3

Certification of completion of the Bar Practice Course is dependent upon the Reader 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 Bar Practice Course Committee. Under the Constitution and Rules of the Bar Practice Course the Bar Practice Course Committee shall from time to time determine the fees to be paid by Readers. The fee is required to defray overhead expenses and running costs such as the cost of support staff, equipment hire, printing, and catering for readers. The fee also funds course development. The presenters give their time voluntarily to the readers.

Pre-Course examination fees are subject to change (including CPI increases).

The BAQ Board has resolved that the fee for pre-course examinations from 14 July 2015 will be $125 including GST until 29 July 2016. After 29 July 2016 the fee will increase to $250 including GST.

Payment is required at the time of application. This fee is not refundable or transferable. An invoice is attached to the application form and payment must be included with the application.

11.4 11.5

Applications will not be accepted without the pre-course examination fee. An examination fee must be paid with each application.

The Bar Practice Course fee is subject to change (including CPI increases).The BAQ Board has resolved that the fee for the Bar Practice Course is $5,545 (GST inclusive). Payment for the course fees is required at the date set out in the letter of offer.

Applications can be accepted by email [email protected] (or as detailed below).

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Information for Applicants Page 10 11.6 12.

Withdrawal from Examinations after Application 12.1

Applications will not be accepted without payment of the fee.

12.4

The pre-course examination fee is not refundable or transferable.

12.5

If an applicant’s fee is not able to be processed for any reason, any future applications will require the outstanding fee to be paid prior to the new application being accepted. Applicants who withdraw from sitting the examination (for whatever reason) or do not turn up at the examination will not be refunded the examination fee.

Withdrawal from the Course after Acceptance or after the Course Commences 13.1 13.2

14.

An examination fee must be paid with each application.

12.2 12.3

13.

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 enrolment.

13.3

Successful applicants (Readers) will be offered a place in a Bar Practice Course. The letter of offer will advise the Reader of the closing date of acceptance and payment of course fees.

Readers 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. Readers who withdraw from the Bar Practice Course once the course has commenced will lose the entire course fee.

Places in the Bar Practice Course Cannot Be Deferred 14.1

Places in the Bar Practice Course cannot be deferred. If a Reader does not accept a place in the course offered but wishes to be considered for a future course a new application form must be submitted. The application form must include inter alia evidence of their examination results and be submitted by the due date. The Reader will also be required to satisfy any other application processes required by the Bar Practice Course Committee. (Please refer to the currency of examination results at 5.4.)

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Information for Applicants Page 11 15.

Important Dates – Closing Dates for Applications 15.1

16.

Closing Dates for Applications For those wishing to apply for courses/examinations held in 2016 please take note of the closing date of application.

(a) Course 2, 2016: The closing date for applications and pre-course examinations is Thursday, 7 July 2016.*

Important Dates – Pre-course Examination Date 16.1

Pre-course Examination Dates For those wishing to apply for examinations for courses held in 2016 please take note of the examination date.

(a)

Course 2, 2016: The Pre-course examination date is Friday 29 July 2016.

(b)

Dates for other 2016 exams are yet to be finalised.

(c) 17.

The examinations are convened by the Bar Association of Queensland and are held in Brisbane. The Director Bar Practice Course will advise applicants of the venue and examination timetable after the closing date of applications.

Important Dates – Bar Practice Course Dates 17.1

Bar Practice Course Dates The remaining Bar Practice Course dates for 2016 are as follows (please refer to the closing and examination dates detailed above). (a)

(b)

Course 2, 2016: 3 October 2016 to 11 November 2016. Dates for 2017 are yet to be finalised.

18.

Practising Certificates

19.

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. Organisations 19.1

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.

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20.

The Bar Association of Queensland Information concerning practising requirements and membership of the Bar Association of Queensland can be located on their website www.qldbar.asn.au. The Bar Association has its offices at Ground Floor, Inns of Court, 107 North Quay, Brisbane Qld 4000. Telephone: (07) 3238 5100.

Applications

The completed application form, with accompanying documents and pre-course examination fee, should be sent by the closing date by email or post or in person. The details are as follows: •



Preferred option: Email: [email protected]

Or in the alternative hand deliver or send by registered post to: PRIVATE AND CONFIDENTIAL

Director Bar Association of Queensland Ground Floor, Inns of Court 107 North Quay Brisbane Qld 4000

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Information for Applicants Page 13 VERY IMPORTANT The Ethics, Practice & Procedure and Evidence Reading Lists are subject to change. Changes will be noted by indicating the date of the amendment next to the appendix. The most recent changes to publication will be highlighted in yellow. Appendix A (last amended 7 May 2013) Reading List – Legal Ethics for Barristers Examination Reading list Primary list • • • • • •

2011 Barristers’ Rule (Queensland)

Australian Bar Association, Barristers’ Conduct Rules

Legal Profession Act 2007, ss 220, 227, 246.

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 (4th edn, Lawbook Co, 2010), 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)

Secondary list • • • • • • •

Y Ross, Ethics in Law: Lawyers’ responsibility and accountability (5th edn, LexisNexis Butterworths Australia, 2010) chapter 14 Corones, Stobbs & Thomas, Professional Responsibility and Legal Ethics in Queensland (Thomson Reuters/Lawbook Co, 2008), chapter 11

GN Williams (ed), Harrison’s Law and Conduct of the Legal Profession in Queensland (2nd edn, 1984) C Parker & A Evans, Inside lawyers’ ethics (Cambridge Uni Press, 2007)

A Boon & J Levin, The ethics and conduct of lawyers in England and Wales (Oxford: Hart Publishing, 2nd edn, 2008) 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)

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Information for Applicants Page 14 Appendix B Reading List - Practice and Procedure Examination. (Appendix B was last amended 24 September 2013).

(A)

READING MATERIAL FOR DRAFTING AND SETTLING COURT DOCUMENTS OTHER THAN PLEADINGS MODULE (FOR THE SUPREME COURT) •

• • • • • • • • • • •

The following Rules as annotated in “Civil Procedure Queensland”, Uniform Civil Procedure Rules Volume 1, Loose Leaf Service, Published by Butterworths:

o Rules 8 to 14, 261, 292, 293, 390, 430 to 441, 665, 670 to 672

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”)

Halsburys Laws of Australia, Loose Leaf Volume 20, “Evidence on Interim and Interlocutory Applications”, paragraph 325-2755 to 325-2770

R v Keith Ronald Noble [2002] 1 QdR 432

Vaughan v Bonjiorno [2007] NSWSC 1398

Tyler v Custom Credit Corp Limited [2000] QCA 178

Rigato Farms Pty Ltd v Ridolfi [2001] 2 QdR 455

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”, 9th Edition, B Cairns 2011 “Interlocutory Injunctions” at pages 526 to 531 and “Ex Parte Application for Injunctions” at pages 531-532.

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Information for Applicants Page 15 (B) READING MATERIAL FOR INTERLOCUTORY APPLICATIONS 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 Section 31A o Part VB, containing sections 37M to 37P

The following parts of the new Federal Court Rules, with effect from 1 August 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, 8, 16, 17, 20, 26 and 29

• • • • • • •

Note: the annotations may continue to refer to the Orders under the previous rules and the relevant Orders under the Old Rules are Orders 1, 3, 4, 10-15, 19 and 20.

Practice Note CM1 of the Federal Court of Australia, “Case Management and the Individual Docket System” Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175

Cement Australia Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 Spencer v Commonwealth of Australia (2010) 241 CLR 118

Australian Competition and Consumer Commission v Advanced Medical Institute Pty Ltd [2005] FCA 366 Police & Nurses Credit Society Ltd v Burgess Rawson (WA) Pty Ltd [2006] FCA 1395 “Australian Civil Procedure”, 9th Edition, B Cairns 2011:

o Chapter 6 “Pleading” 233-242

o Chapter 12 “Summary Disposal and Discontinuance of Litigation” 476-483 o Chapter 14 “Interlocutory Proceedings” 547-557.

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Information for Applicants Page 16 (C) READING MATERIAL FOR COMMENCING PROCEEDINGS (PLEADINGS) •



The following Rules as annotated in “Civil Procedure Queensland”, Uniform Civil Procedure Rules, Volume 1, Loose Leaf Service, Published by Butterworths o Rules 5, 8, 11, 13, 14, 33, 35, 60, 62, 149-168, 175-181.

“Australian Civil Procedure”, 9th Edition, B Cairns 2011 pp. 199-271.

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Information for Applicants Page 17 Appendix C Reading List – Evidence Examination (Appendix C was last amended 15 July 2015) • • • • •

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, 8th, 9th and 10th Australian edns, Butterworths: Chapters 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).

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Information for Applicants Page 18 Appendix D POLICY FOR BAR PRACTICE COURSE EXAMINATIONS

1.

It shall be a condition precedent of a lawyer undertaking the Bar Practice Course conducted by the Bar Association that he or she sit for and pass to a standard of 65% the following examinations: (a)

legal ethics of barristers;

(c)

practice and procedure.

(b) 2.

evidence;

The Director – Bar Practice Course shall make known to prospective candidates

the requirements for the exam and provide them with any relevant reading list.

That information may be available by way of the Bar Practice Course website or 3.

by the Bar Association website.

In the event a candidate fails by not more than five marks to attain the pass mark of 65%, or in the event that other special circumstances exist (such as illness or bereavement) which in the opinion of the Bar Council make it appropriate for his or her paper to be reviewed, the paper shall be reviewed by

4.

a person nominated by the Bar Council (the moderator).

If, according to the moderator, the candidate still fails, the Bar Council may, in

its absolute discretion, allow the candidate to undertake a further written or oral examination, and in exercising its discretion it may have regard, inter alia, to whether the candidate passed the other examinations sat for, the marks

attained by the candidate in such other examinations, and any other matters 5. 6.

which appear to the Bar Council to be relevant.

Where a candidate fails an examination, he or she may sit for the examination, in the same subject when that examination is next conducted.

Notwithstanding paragraph 5, in order to be permitted to participate in the Bar Practice Course, a candidate must have passed all three examinations within a

period of 12 months prior to the commencement of the course in question. A

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Information for Applicants Page 19 candidate may apply for an extension of the currency of their examinations to the Bar Council. Such an examination extension will be a matter decided within 7.

the absolute discretion of the Bar Council.

The representatives of the Bar Council or the Bar Association, who sit upon the Bar Practice Management Committee, may act on behalf of the Bar Council in

respect of paragraphs 3, 4 and 6 above, and may, if appropriate, consult with or refer a decision to either the Bar Practice Management Committee or the Bar Council.

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