NSW Bar Exam Practice Questions - New South Wales Bar Examination Exam

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A client instructs a barrister to make a serious allegation of fraud against a witness in cross-examination. The barrister has no reasonable grounds or instructions supporting the allegation and it is made only to discredit the witness. Under the Barristers Rules 2015, may the barrister put the allegation?

Yes, because the client's instructions to attack the witness's credibility are binding on the barrister Yes, provided the barrister warns the witness in advance that the allegation will be made Yes, because cross-examination as to credit is unrestricted in NSW courts No, a barrister must not allege fraud or other serious misconduct unless there are reasonable grounds and a proper basis for the allegation

Correct Answer:

No, a barrister must not allege fraud or other serious misconduct unless there are reasonable grounds and a proper basis for the allegation

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