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

Question 1

A solicitor offers a barrister a brief to appear in a commercial dispute, an area in which the barrister regularly practises. The barrister is available, the fee is acceptable, and no conflict exists, but the barrister privately disapproves of the client's business. Under the Legal Profession Uniform Conduct (Barristers) Rules 2015, what must the barrister do?

Accept the brief, as the cab-rank principle requires acceptance where the rule 17 conditions are met Refuse the brief because personal disapproval of the client is a recognised ground for declining work Accept the brief only if the solicitor first confirms the client has no criminal history Refer the brief to a more senior barrister because the barrister lacks enthusiasm for the case

Correct Answer:

Accept the brief, as the cab-rank principle requires acceptance where the rule 17 conditions are met

Question 2

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

Question 3

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

Question 4

A former client sues a barrister in negligence, alleging the barrister negligently conducted the cross-examination at trial, which led to an adverse verdict. Applying D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1, what is the likely outcome?

The claim succeeds because advocates owe their clients the same duty of care as any other professional The claim is barred by advocate's immunity because the conduct is intimately connected with the conduct of the case in court The claim is barred only if the barrister also acted as the instructing solicitor Advocate's immunity was abolished in Australia, so the claim proceeds on its merits

Correct Answer:

The claim is barred by advocate's immunity because the conduct is intimately connected with the conduct of the case in court

Question 5

A barrister is briefed to appear for the accused in a criminal trial. The accused privately admits guilt to the barrister but insists on pleading not guilty and giving evidence asserting innocence. What may the barrister NOT do consistently with the Barristers Rules 2015?

Call the accused to give evidence asserting innocence and address the jury affirming that innocence Continue to act and put the prosecution to proof of its case Test the prosecution evidence by cross-examination of Crown witnesses Make submissions that the Crown has not discharged its onus of proof beyond reasonable doubt

Correct Answer:

Call the accused to give evidence asserting innocence and address the jury affirming that innocence

Question 1

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Prepare with the NSW Bar Exam Practice Questions - New South Wales Bar Examination Exam practice quiz. This question bank includes 100 questions covering barrister, evidence, rules, civil, and client. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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

This practice set contains 100 questions from the matching question bank and focuses on barrister, evidence, rules, civil, and client. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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

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