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

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During a civil trial, a barrister realises that a key authority directly on point is against the client's case and the opponent has not cited it. What does the barrister's duty to the court require?

Stay silent, because the adversarial system places the burden on the opponent to find their own authorities Disclose the authority only if the judge asks whether there is anything further Disclose the binding or persuasive authority to the court even though it harms the client's position Disclose the authority to the opponent privately but not to the bench

Correct Answer:

Disclose the binding or persuasive authority to the court even though it harms the client's position

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