NSW Bar Practice & Procedure – 100 Questions & Model Answers | 2026 Edition
Prepare for the Practice & Procedure component of the NSW Bar Examination with 100 original exam-style questions and concise model answers designed to develop both procedural knowledge and exam application skills.
This digital resource is aligned to the NSW Bar Association 2026 Reading List and covers NSW civil and criminal procedure, the UCPR, Supreme, District and Local Court legislation, bail, sentencing, mental health procedure, federal jurisdiction, Federal Court civil procedure, cross-vesting and the prescribed Practice & Procedure case list.
Built for Exam-Style Application
The question bank combines short knowledge questions with compact civil and criminal procedural scenarios.
Candidates are encouraged to approach questions by identifying:
Forum → Procedural Posture → Source → Threshold → Application → Order & Costs
This structure helps candidates focus on the exact court, stage of proceedings, governing legislation or rule, applicable threshold, discretionary considerations and the practical order likely to follow.
Topics Covered
The resource includes extensive practice across areas such as:
overriding purpose and case management;
pleadings and material facts;
strike out and summary judgment;
amendments and Aon Risk principles;
service and substituted service;
default judgment and applications to set it aside;
interlocutory injunctions and freezing orders;
discovery and preliminary discovery;
subpoenas and legitimate forensic purpose;
the Hearne v Street implied undertaking;
offers of compromise, Calderbank offers and costs;
security for costs;
NSW court jurisdiction;
federal jurisdiction and Judiciary Act issues;
cross-vesting;
criminal procedure and committals;
judge-alone trials;
bail;
sentencing;
mental health procedure; and
appellate principles.
Civil Procedure Focus
Candidates practise important procedural distinctions and applications involving:
ss 56–61 of the Civil Procedure Act 2005 (NSW);
UCPR Pt 13 summary disposition;
UCPR r 14.28 strike out;
Pt 19 amendments;
Pt 21 discovery;
Pt 25 interlocutory relief;
Pt 33 subpoenas; and
Pt 42 costs.
High-yield authorities include Aon Risk Services Australia Ltd v ANU, General Steel Industries v Commissioner of Railways, Coulton v Holcombe, Hearne v Street, Fox v Percy, Lee v Lee and House v The King.
Criminal Procedure, Bail & Sentencing
The criminal procedure section covers the Criminal Procedure Act 1986 (NSW), committal procedure, indictments, judge-alone trials, criminal appeals and procedural fairness.
The bail section develops a clear statutory sequence:
Show Cause → Bail Concerns → Unacceptable Risk → Conditions → Release/Refusal
The sentencing material includes sentencing purposes, guilty pleas, aggravating and mitigating factors, Bugmy v The Queen, ICO principles and mental health procedure.
Federal Jurisdiction & Cross-Vesting
Candidates also practise areas that are often overlooked, including:
Judiciary Act ss 39B, 78B and 79;
constitutional notice requirements;
Federal Court civil procedure;
cross-vesting; and
jurisdictional identification before proceedings are commenced.
These topics are integrated into problem-style questions rather than treated as isolated theory.
What’s Included
100 Practice & Procedure questions
Detailed model answers
1-mark, 2-mark and 3-mark question formats
Civil and criminal procedural scenarios
Direct references to legislation, UCPR provisions, practice notes and cases
Practical answer structures for case-management, pleadings, discovery, bail and sentencing problems
Coverage of the principal 2026 prescribed materials
High-yield case revision integrated throughout
The resource is designed so candidates can attempt each question first, then compare their response with a concise exam-standard model answer.
Ideal For
This product is suited to NSW Bar candidates who want to:
improve procedural issue spotting;
strengthen statutory and UCPR recall;
practise concise answers under time pressure;
understand the practical order or procedural step a court may make;
revise civil and criminal procedure in one resource;
improve bail and sentencing answer structure; and
develop confidence across the broad NSW Practice & Procedure syllabus.
2026 Materials Covered
The resource includes coverage of key prescribed materials including the:
Civil Procedure Act 2005 (NSW)
Criminal Procedure Act 1986 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Supreme Court Act 1970 (NSW)
District Court Act 1973 (NSW)
Local Court Act 2007 (NSW)
Bail Act 2013 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
Judiciary Act 1903 (Cth)
Federal Court of Australia Act 1976 (Cth)
Federal Court Rules; and
cross-vesting legislation.
Digital Product
This is a digital study resource designed for independent NSW Bar Exam preparation and repeated active recall.
Practice. Apply. Pass.
Independent educational resource. Not produced, endorsed or approved by the New South Wales Bar Association. Candidates should confirm the prescribed reading list for their own examination sitting.