Bar exams

Rationale for the Bar exams

The Legal Profession Act 2004 requires that the Bar Council ensure that only persons competent and fit to practise as barristers should be able to do so. The Act allows the Bar Council to impose conditions on barristers' practising certificates, thereby indicating that admission as a lawyer should not, without more, qualify a person to commence to practise as a barrister immediately and free from conditions and limitations. Although a person who wishes to practise as a barrister will have satisfied both the academic and the practical training requirements precedent to admission by the court as a lawyer, this does not signify that the person is immediately ready to practise as a barrister.

The distinctive feature of practice at the Bar is advocacy before the courts and other tribunals. Accordingly, the Bar Council sets examinations of a practical orientation in subjects related specifically to advocacy.

There is good justification for requiring that persons aspiring to practise at the Bar as a specialist in advocacy satisfy the Bar Council that they are knowledgeable to a high degree in all three areas signified by the examination titles: 'Legal ethics for barristers'; 'Aspects of evidence'; and 'Practice and procedure for barristers'. The focus of all three examinations is on practice.

The New South Wales Bar exams do not purport to test a wide-ranging knowledge of theory. Their emphasis is different from that of university examinations in similar subject areas. The titles of the examinations are intended to reflect the focus on practical knowledge that all members of the Bar should have.

Preparation for the Bar Exams

The Bar Association does not endorse courses provided by bodies other than the Bar Association.  Upon registering for the Bar Exams candidates are provided with examination material, including past papers and reading lists.  Examination tutorials are also offered by the Bar Association in the weeks prior to the examinations.

Passing all three exams at 75 per cent a pre requisite for the Bar Practice Course

Because the Bar Council regards the areas of knowledge listed above as fundamental, in order to pass the exams a candidate must attain a mark of 75 per cent in each of the three examinations. Passing all three examinations is a condition precedent to undertaking the intensive course conducted by the Bar Association, namely, the Bar Practice Course.

Registration for the Bar exams

The Bar exams of each year are titled the 'February exams' and the 'July exams'.

Registration is required for the Bar exams. Candidates should familiarise themselves with the Bar Exam and Bar Practice Course policies before submitting their registration form.

Registration means confirmation, by a given date, of intention to undertake the Bar examinations. A non-transferable, non-refundable fee of $200.00 per examination is payable on registration.

Registration closing dates for examinations in 2007 are as follows:

Once registered, the Bar Association must be notified of any changes of address. The association cannot accept responsibility for an individual's failure to maintain correct contact information.

Examination study materials are only issued online and are continously under review and are updated as required. Examinations take place approximately eight weeks prior to commencement of the full-time Bar Practice Course.

Results for the July 2007 examination will be posted to all candidates on Thursday, 24 August 2007. Successful candidates are invited to express preference for the first or second Bar practice courses next available after the Bar Exam period.

Fees, reimbursements and costs

The examination fee of $200 per exam is not refundable or transferable from one examination period to the next.

The Bar Practice Course fee of $3,000.00 is refundable (with a $100 administration fee being charged) if withdrawal from the course is more than 30 days before the course commences. Applicants providing less than 30 days notice of withdrawal will be charged a $500.00 administration fee. Other costs of setting up a practice are listed elsewhere on this web site.

Passes in Bar exams required for registration in the Bar Practice Course

Exam candidates are only invited to register for the Bar Practice Course after they have passed all three Bar exams at the required standard

Exemptions

Applications for exemption from the Bar exams, or any one of the Bar exams, should be directed to the Executive Director, in writing, detailing grounds for exemption supported by a curriculum vitae and two professional references.

Specific guidelines for application are not provided. All applications are judged on their merits.

Taking the exams over more than one sitting, consequences of failing an exam, and period of currency for exams previously passed

Candidates may choose to sit all or some of the exams at one sitting, but are advised that a pass result is valid for ten months only. This means that intending barristers should plan to do the examinations not more than ten months before they to start practice. Where an exam is failed, it may be attempted again at a subsequent sitting, but repeated failure could lead to the loss of currency of previously passed examinations.

Currency for exam passes may be retained for ten months, ie, all three exams must be passed over a ten month period, so that the examinee is qualified to commence the Bar Practice Course within ten months of receiving a notification of a pass in the first of the exams sat.

Extension of exam currency

An applicant may apply in writing to the Director of Professional Development for an extension of exam currency.