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New South Wales Bar Association examinations policy
[Bar Council resolution 26 July 2012]




1) It shall be a condition precedent of a lawyer undertaking the Bar Practice Course conducted by the Bar Association that he or she sit for and pass to a standard of 75% the following examinations:

• Legal Ethics for Barristers;
• Aspects of Evidence;
• Practice and Procedure for Barristers.

2) The nature and conditions of the examinations shall be made known to prospective candidates as part of the information material provided to them. Information material may be provided to registered candidates by way of the Bar Association website.

3) Any examination candidate that considers his or her examination result may be, or has been, affected by hardship or other negative circumstances (such as bereavement, illness or injury), either before or during the examination, may make an application for special consideration. Such an application should be made as soon as the circumstances arise and in any event within 48 hours of sitting the examination.

4) In the event:
a) a candidate fails by not more than 5 marks to attain the pass mark of 75%;
b) an application for special consideration has been made under paragraph 3; or
c) other circumstances exist before examination results are finalised which in the opinion of the Director, Professional Development in consultation with the examiner for that examination, acting in this regard on behalf of the Bar Council, make it appropriate for a candidate’s paper to be reviewed; the paper shall be reviewed by a moderator. The moderator may award a pass or fail to the candidate for the paper.

5) If according to the moderator the candidate still fails, the Director, Professional Development in consultation with the examiner for that exam, together acting in this regard on behalf of the Bar Council may, in their absolute discretion, allow the candidate to undertake a further written or oral examination, and in exercising that discretion, may have regard, inter alia, to whether the candidate passed the other examinations sat for, the marks attained by the candidate in such other examinations, and any other matters which appear to them to be relevant.

6) Where a candidate fails an examination, he or she may sit for the examination in the same subject when that examination is next conducted.

7) Notwithstanding paragraph 6, in order to be permitted to participate in the Bar Practice Course, a candidate must have passed all three examinations within a period of 10 months prior to the commencement of the course in question. Applications for extensions of examination currency beyond that period should be addressed to the Director, Professional Development.