Victorian Bar Readers Course Entrance Examination Reading Guide Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 1
Victorian Bar Readers Course Entrance Examination Reading Guide Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 2
CIVIL PROCEDURE Legislation The following topics/statutory provisions are examinable. Extracts of these provisions will be provided to candidates when they sit the examination. Supreme Court (General Civil Procedure) Rules 2015 (Vic) Order 4 (Process in the Court) Order 9 (Joinder of Claims and Parties) Order 10 (Counterclaim) Order 11 (Third Party Procedure) Order 13 (Pleadings) Order 22 (Summary Judgment) Order 23 (Summary Stay or Dismissal of Claim and Striking Out Pleading) Order 26 (Offers of Compromise and Offers to Compromise on Appeal) Order 29 (Discovery and Inspection of Documents) Order 32 (Preliminary Discovery and Discovery from Non-Party) Order 36 (Amendment) Order 37 (Inspection, Detention and Preservation of Property) Order 37A (Freezing Orders) Order 38 (Injunctions) Order 42 (Subpoenas) Order 43 (Affidavits) Order 44 (Expert Evidence) Order 45 (Originating Motion) Order 46 (Applications) Order 47 (Place and Mode of Trial) Order 49 (Trial) Order 62 (Security for Costs) Civil Procedure Act 2010 (Vic) Chapter 1 (Preliminary) ss 1, 4 and 6 Chapter 2 (Overarching Purpose and Obligations) o Part 2.1 (Overarching Purpose) ss 7 to 9 o Part 2.2 (Application of the Overarching Obligations) ss 10 to 15 o Part 2.3 (The Overarching Obligations) ss 16 to 27 o Part 2.4 (Sanctions for Contravening the Overarching Obligations) ss 28 to 31 Chapter 4 (Commencement and Conduct of Civil Proceedings) o Part 4.1 (Certification Requirements) ss 41 to 46 o Part 4.2 (Case management) ss 47 to 53 o Part 4.3 (Disclosure and Discovery) ss 54 to 59 Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 3
o Part 4.4 (Summary Judgment) ss 60 to 65 Chapter 5 (Appropriate Dispute Resolution) ss 66 to 69 Selected case law Fafoutellis v The Blockage Bloke Pty Ltd [2017] VSC 480 Hera Project Pty Ltd v Bisognin (No 4) 2017 VSC 270 Raventhorpe Pty Ltd v Westpac Banking Corporations [2017] VSC 362 Trkulja v Dobrijevic (No 2) [2016] VSC 596 Note: The above list of cases is not exhaustive of the principles that are examinable. Candidates are, however, expected to be familiar with their factual matrices and how the relevant rules and principles have been applied. Prescribed Text David Bailey and John Arthur, Civil Procedure Victoria (formerly known as Williams, Civil Procedure Victoria ). Available online from LexisNexis. Other recommended reading Richard Cook, The Annotated Rules of Court (2014, 12 th edition), Vol 1 CRIMINAL PROCEDURE Candidates will be expected to have a good understanding of: Prosecution and Defence Criminal jurisdiction of Magistrates' Court, County Court and Supreme Court in Victoria Police powers - including arrest, search and seizure, questioning suspects, pre-trial forensic procedures Commencing proceedings Bail Summary Procedure Committal Proceedings Trial on Indictment Sentencing Appeals and Cases Stated Note: Subject areas listed above roughly correspond with subject matter covered in chapters 2 to 11 of Richard Fox, Victorian Criminal Procedure (2015), the prescribed text. Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 4
Legislation The following topics/statutory provisions are examinable. Extracts of these provisions will be provided to candidates when they sit the examination. Bail Act 1977 (Vic) Part 1 (Preliminary) ss 1A, 1B, 3 to 3D Part 2 (Granting of Bail and Admission to Bail) ss 4 to 17 Part 3 (Further Application, Variation of Conditions, Revocation) ss 18 18AK Part 4 (Appeals) s 18A Part 5 (Miscellaneous) ss 30, 30A, 30B Criminal Procedure Act 2009 (Vic) Chapter 2 (Commencing a Criminal Proceeding) o Part 2.1 s 5 o Part 2.2 ss 6 to 11 o Part 2.3 ss 12 to 16 Chapter 3 (Summary Procedure) o Part 3.1 ss 27 to 30 o Part 3.2 ss 31, 32, 35, 37 to 39, 41 to 47, 50 to 55 o Part 3.3 ss 56 to 61, 63 to 84, 87 Chapter 4 (Committal Proceeding) o Part 4.1 ss 96 to 100 o Part 4.2 ss 101, 102 o Part 4.4 ss 107 to 112 o Part 4.5 ss 118 to 120, 124 o Part 4.6 ss 125 to 127 o Part 4.7 ss 128 to 132, 132A o Part 4.9 ss 141, 143, 144 Chapter 5 (Trial on Indictment) o Part 5.1 s 158 o Part 5.2 ss 159 to 170 o Part 5.3 s 171 o Part 5.4 ss 177, 178 o Part 5.5 ss 179 to 185, 188 to 200 o Part 5.6 ss 207 to 209 o Part 5.7 s 210, 215, 217, 222 to 226, 231 to 238, 244, 245, 249 Chapter 6 (Appeals and Cases States) o Part 6.1 ss 254 to 259, 263 to 268 o Part 6.2 ss 272, 273 o Part 6.3 ss 274 to 308 Chapter 8 (General) o Part 8.1 ss 328 to 331 Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 5
o Part 8.5 s 412 Schedule 1 (Charges on a Charge-Sheet or Indictment) Jury Directions Act 2015 (Vic) Part 1 (Preliminary) ss 1, 3, 4 Part 2 (General) ss 5, 6, 7 Part 3 (Request for Directions) ss 9 to 12, 14 to 17 Part 4 (Evidential Directions) ss 18 to 44 Part 5 (Sexual Offences) ss 45 to 54 Part 6 (Family Violence) ss 55 to 60 Part 7 (General Directions) ss 61 to 67 Sentencing Act 1991 (Vic) Part 1 (Preliminary) s 1 Part 2 (Governing Principles) ss 5, 6, 6AAA Part 3 (Sentences - custodial) ss 7, 8, 8A, 8B, s 8E, s 8K, 8L, 8Q, 9, 11, 11A, 16, 18, 32 to 35 Part 3A (Sentences Community Correction Orders) ss 36 to 48LA Part 3B (Sentences Fines) ss 49 to 54 Part 3BA (Sentences Other Orders) ss 70, 72 to 77, 80, 83A Part 4 (Orders in Addition to Sentence) ss 84 to 89DE Part 5 (Mentally Ill Offenders) ss 90 to 94C Part 10 (Miscellaneous Provisions) ss 109, 112, 112A, 113 to 113C Selected case law Dickman v The Queen (No 2) [2017] VSCA 351 DPP v Asling (No 8) [2017] VSC 84 DPP v Osborn [2018] VSCA 207 McLean v The Queen [2018] VSCA 209 R v Barker [2017] VSC 57 Note: The above list of cases is not exhaustive of the principles that are examinable. Candidates are, however, expected to be familiar with their factual matrices and how the relevant rules and principles have been applied. Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 6
Prescribed Texts Richard Fox, Victorian Criminal Procedure (2015, The Federation Press) Judicial College of Victoria, Victorian Sentencing Manual updated periodically (only available online at http://www.justice.vic.gov.au/emanuals/vsm/default.htm ) EVIDENCE Candidates will be expected to have a good understanding of: Examination and cross-examination of witnesses, including the rules in Browne v Dunn and Jones v Dunkel Relevance and exclusionary discretions Circumstantial evidence The rule against hearsay and its exceptions (including admissions) Credibility and character evidence Privilege (all forms) Opinion and expert evidence Tendency and coincidence evidence Identification evidence Illegally/improperly obtained evidence Unreliable evidence Documentary evidence Procedure on questions of admissibility of evidence Legislation The following topics/statutory provisions are examinable. Extracts of these provisions will be provided to candidates when they sit the examination. Evidence Act 2008 (Vic) Part 1.2 (Application of Act) ss 4, 8, 9 Part 2.1 (Witnesses) ss 12, 13, 17, 18, 20, 32 to 35, 37 to 39, 41 to 43, 45, 46 Part 2.2 (Documents) s 48 Part 3.1 (Relevance) ss 55, 56 Part 3.2 (Hearsay) ss 59 to 75 Part 3.3 (Opinion) ss 76 to 80 Part 3.4 (Admissions) ss 81 to 90 Part 3.6 (Tendency and Coincidence) ss 94 to 101 Part 3.7 (Credibility) ss 101A to 104, 106 to 108 Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 7
Part 3.8 (Character) ss 109 to 112 Part 3.9 (Identification Evidence) ss 113 to 115 Part 3.10 (Privilege) ss 117 to 134 Part 3.11 (Discretionary and Mandatory Exclusions) ss 135 to 139 Part 4.1 (Standard of Proof) ss 140 to 142 Part 4.2 (Judicial Notice) s 144 Part 4.3 (Facilitation of Proof) ss 146, 147 Part 4.5 (Warnings and Information) ss 165 to 165A Chapter 5 (Miscellaneous) ss 189, 190, 192, 192A Note: examinable provisions of the Jury Directions Act 2015 that have evidentiary implications are listed in the Criminal Procedure section above. Selected case law R v Adams (No 5) [2016] NSWSC 1563 R v Dickman [2017] HCA 24 Svajcer v Woolworths Ltd (Ruling) [2015] VSC 543 Viterra Malt Pty Ltd v Cargill Australia Ltd [2018] VSCA 118 Wilson v Bauer Media (No 7) [2017] VSC 357 Note: The above list of cases is not exhaustive of the principles that are examinable. Candidates are, however, expected to be familiar with their factual matrices and how the relevant rules and principles have been applied. Prescribed Text Stephen Odgers, Uniform Evidence Law (12 th ed, 2016). This is available from Monash Law Book Co-Operative Ltd, University of Melbourne Bookshop and the Law Institute of Victoria Bookshop. Only Victorian provisions are examinable. LEGAL ETHICS Candidates will be expected to have a good understanding of: The Legal Profession Uniform Conduct (Barristers) Rules 2015 Ethical obligations particular to civil or criminal proceedings Duties in relation to costs disclosure and conditional costs agreements Legislation The following topics/statutory provisions are examinable. Extracts of these provisions will be provided to candidates when they sit the examination. Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 8
Legal Profession Uniform Conduct (Barristers) Rules 2015 All rules contained in the Legal Profession Uniform Conduct (Barristers) Rules 2015 are examinable. The rules can be downloaded via web links provided on the Victorian Legal Services Board and Commissioner website: http://lsbc.vic.gov.au/?page_id=248 Note: Section 431 of Schedule 1 of the Legal Professional Uniform Law Application Act 2014 (Vic) provides that publication of Uniform Rules are to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 (NSW). Accordingly, candidates are advised that searching for the Uniform Rules via Victorian legislation databases is unlikely to yield the desired result. Legal Profession Uniform Law (Schedule 1 of the Legal Profession Uniform Law Application Act 2014 (Vic)) Part 4.3 (Legal Costs) o Division 1 ( Introduction) ss 169 to 171 o Division 2 (Legal costs generally) ss 172 to 173 o Division 3 (Costs disclosure) ss 174 to 178 o Division 4 (Costs agreements) ss 179 to 185 o Division 5 (Billing) ss 186 to 193 Part 5.4 (Disciplinary Matters) o Division 1 (Preliminary) ss 295 to 298 o Division 2 (Determination by local regulatory authority) s 299 o Division 3 (Role of designated tribunal) ss 300 to 305 Civil Procedure Act 2010 (Vic) See the list of examinable provisions in the section on Civil Procedure above. Candidates will appreciate that many of the examinable provisions in this statute have ethical content. Selected case law Stirling v Legal Services Commissioner [2013] VSCA 374 Legal Services Commissioner v Turner [2012] VSC 394 Yara Australia Pty Ltd v Oswal [2013] VSCA 337 Note: The above list of cases is not exhaustive of the principles that are examinable. Candidates are, however, expected to be familiar with their factual matrices and how the relevant rules and principles have been applied. Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 9
Victorian Bar Entrance Examinations Reading Guide for 1 November 2018 10