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100+ Free NSW Bar Exam Practice Questions

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Key Facts: NSW Bar Exam Exam

2 papers

Civil and Criminal Written Papers

New South Wales Bar Association

2 hrs + 30 min

Per Paper (writing plus reading time)

New South Wales Bar Association

75%

Overall Pass Mark

New South Wales Bar Association

AUD $845

Total Exam Fee (incl. $100 ExamSoft licence)

New South Wales Bar Association (2026)

Open book

Hard-Copy Materials Permitted (since Feb 2025)

New South Wales Bar Association

100+

Practice Questions Here

OpenExamPrep question bank

The New South Wales Bar Examination is the open-book written exam set by the New South Wales Bar Association for lawyers who want to become barristers in NSW. It comprises two papers - one civil and one criminal - each two hours long with 30 minutes of reading time, mixing short-answer and long-answer questions. Both papers equally weight three areas: legal ethics for barristers (Barristers' Conduct Rules 2015), evidence (Evidence Act 1995 (NSW)), and practice and procedure (civil under the UCPR 2005 and Civil Procedure Act 2005, criminal under the Criminal Procedure Act 1986 and Bail Act 2013). The pass mark is 75% overall, and the exam is offered twice yearly in February and June; pass rates are not published. Since February 2025 candidates may bring any hard-copy materials they choose. Passing the exam is a prerequisite to the Bar Practice Course - which must be completed within 15 months - and does not by itself grant a practising certificate as a barrister.

Sample NSW Bar Exam Practice Questions

Try these sample questions to test your NSW Bar Exam exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1A 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?
A.Accept the brief, as the cab-rank principle requires acceptance where the rule 17 conditions are met
B.Refuse the brief because personal disapproval of the client is a recognised ground for declining work
C.Accept the brief only if the solicitor first confirms the client has no criminal history
D.Refer the brief to a more senior barrister because the barrister lacks enthusiasm for the case
Explanation: Rule 17 of the Barristers Rules 2015 codifies the cab-rank principle: a barrister must accept a brief to appear in a field in which they practise if it is within their capacity, they are available, the fee is acceptable, and no rule 101/103/104/105 ground to refuse applies. Personal disapproval of the client is not a permitted ground.
2During 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?
A.Stay silent, because the adversarial system places the burden on the opponent to find their own authorities
B.Disclose the authority only if the judge asks whether there is anything further
C.Disclose the binding or persuasive authority to the court even though it harms the client's position
D.Disclose the authority to the opponent privately but not to the bench
Explanation: A barrister has a paramount duty to the administration of justice (rule 4) and an overriding duty to the court (rule 23). The Barristers Rules require a barrister to inform the court of any binding authority, and any authority decided by an Australian appellate court or applicable legislation, which the barrister has reason to believe is directly on point against the client's case, even if the opponent has overlooked it.
3A 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?
A.Yes, because the client's instructions to attack the witness's credibility are binding on the barrister
B.Yes, provided the barrister warns the witness in advance that the allegation will be made
C.Yes, because cross-examination as to credit is unrestricted in NSW courts
D.No, a barrister must not allege fraud or other serious misconduct unless there are reasonable grounds and a proper basis for the allegation
Explanation: The Barristers Rules prohibit making allegations of fraud, crime or other serious misconduct against any person unless the barrister believes on reasonable grounds that the material then available provides a proper basis for it. A bare instruction to discredit, without supporting material, does not satisfy that test.
4A 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?
A.The claim succeeds because advocates owe their clients the same duty of care as any other professional
B.The claim is barred by advocate's immunity because the conduct is intimately connected with the conduct of the case in court
C.The claim is barred only if the barrister also acted as the instructing solicitor
D.Advocate's immunity was abolished in Australia, so the claim proceeds on its merits
Explanation: In D'Orta-Ekenaike the High Court reaffirmed advocate's immunity from suit, grounded in the finality of litigation. The immunity covers in-court advocacy and work intimately connected with the conduct of the case in court, which plainly includes how a cross-examination is run at trial.
5A 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?
A.Call the accused to give evidence asserting innocence and address the jury affirming that innocence
B.Continue to act and put the prosecution to proof of its case
C.Test the prosecution evidence by cross-examination of Crown witnesses
D.Make submissions that the Crown has not discharged its onus of proof beyond reasonable doubt
Explanation: Where a client has confessed guilt to the barrister but maintains a not-guilty plea, the barrister may continue to put the Crown to proof and test its evidence, but must not lead or assist evidence or make submissions the barrister knows to be false, such as positively asserting the accused's innocence. The duty not to mislead the court is paramount.
6Under the Barristers Rules 2015, what is the general position on a barrister accepting work directly from a member of the public without a solicitor instructing?
A.Direct access is freely permitted for all litigation in NSW courts
B.Direct access is permitted only for Senior Counsel
C.A barrister must generally act on the instruction of an instructing solicitor, with direct access permitted only in limited circumstances
D.A barrister may never take instructions from anyone other than the Crown
Explanation: The Barristers Rules contemplate that barristers ordinarily receive instructions through an instructing solicitor, and they govern the limited circumstances in which a barrister may accept direct access work from a client without a solicitor. Direct access is the exception, not the norm, and certain conditions and disclosures apply.
7A barrister learns that information disclosed in confidence by a current client could assist another of the barrister's clients in unrelated litigation. What does the duty of confidentiality require?
A.The barrister may use the information for the other client because both are the barrister's clients
B.The barrister may use the information provided the first client's name is not revealed
C.Confidentiality ends automatically once the barrister is briefed by a second client
D.The barrister must not disclose or use a client's confidential information except as permitted, and must avoid any conflict that arises
Explanation: A barrister must not disclose or use confidential information of a client otherwise than as permitted (for example, with consent or as required by law). Where confidential information of one client could be used to advance another, a conflict arises and the barrister must protect the confidence, which may require returning a brief.
8Which statement best reflects the relationship between a barrister's duty to the client and the duty to the court under the Barristers Rules 2015?
A.The duty to the client always prevails because the barrister is retained and paid by the client
B.The duty to the court is paramount and prevails to the extent of any inconsistency with the duty to the client
C.The two duties are of equal weight and the barrister chooses which to follow
D.The duty to the court applies only in criminal matters, not civil litigation
Explanation: Rule 4 of the Barristers Rules 2015 states that barristers owe their paramount duty to the administration of justice. The duty to the court prevails to the extent of any inconsistency with the duty owed to the client; a barrister must not mislead the court even at the client's insistence.
9A barrister is briefed against a party who is represented by the barrister's spouse acting as the opposing solicitor. The matter is heavily contested. Under the Barristers Rules 2015, what is the most appropriate course?
A.Consider whether the personal relationship requires the brief to be refused or returned, and make appropriate disclosure
B.Accept the brief without disclosure because spouses can act professionally against each other
C.Accept the brief but secretly inform the spouse of the client's strategy
D.Demand that the opposing solicitor withdraw from the matter
Explanation: The Barristers Rules include grounds on which a brief may or must be refused or returned, including where a personal or business relationship gives rise to a real possibility of a conflict or impaired independence. The barrister must consider whether the spousal relationship requires return of the brief and ensure appropriate disclosure.
10A barrister is asked by the instructing solicitor to coach a lay witness on what answers to give in evidence so the testimony aligns with the client's case theory. What do the Barristers Rules 2015 require?
A.The barrister may coach the witness on substance because thorough preparation benefits the client
B.The barrister may coach the witness provided the evidence is ultimately truthful
C.The barrister must not coach a witness or advise a witness to give false or misleading evidence
D.The barrister may rehearse only the cross-examination answers, not the evidence in chief
Explanation: A barrister must not advise or suggest to a witness that false or misleading evidence be given, nor coach a witness by advising what answers the witness should give. Familiarising a witness with the process and the issues is permissible, but influencing the content of their evidence is not.

About the NSW Bar Exam Exam

The New South Wales Bar Examination is the written entrance examination administered by the New South Wales Bar Association for lawyers seeking to practise as barristers in NSW. It consists of two written papers - one focused on civil practice and one on criminal practice - each running two hours with an additional 30 minutes of reading time, and combining short-answer and long-answer questions. Since February 2025 the exam has been open book, meaning candidates may bring any hard-copy materials they wish (soft-copy materials are not permitted), so success depends on deep familiarity with the law and a well-organised set of materials. Both papers equally test legal ethics for barristers under the Legal Profession Uniform Conduct (Barristers) Rules 2015, aspects of the Evidence Act 1995 (NSW), and civil or criminal practice and procedure. The exam is held twice a year, in February and June, and is delivered electronically using ExamSoft software.

Assessment

Question count not published by the exam provider

Time Limit

Two 2-hour papers, each with 30 minutes reading time

Passing Score

75% overall

Exam Fee

AUD 845 ($745 exam + $100 ExamSoft licence) (New South Wales Bar Association)

NSW Bar Exam Exam Content Outline

25%

Legal Ethics for Barristers

The Legal Profession Uniform Conduct (Barristers) Rules 2015, the cab-rank rule, the barrister's paramount duty to the court and the administration of justice, advocate's immunity, duties to clients, opponents and witnesses, and conduct in court - tested in both the civil and criminal papers

25%

Evidence

Evidence Act 1995 (NSW): relevance (ss. 55-56), the hearsay rule and exceptions, opinion evidence and the expert exception, tendency and coincidence evidence, client legal privilege, the credibility rule, and the discretionary and mandatory exclusions under ss. 135-138

25%

Civil Practice & Procedure

Uniform Civil Procedure Rules 2005 (NSW) and the Civil Procedure Act 2005 (NSW), including the overriding purpose of facilitating the just, quick and cheap resolution of disputes, pleadings, interlocutory applications, and the barrister's conduct of civil litigation - tested in the civil paper

25%

Criminal Practice & Procedure

Criminal Procedure Act 1986 (NSW) and the Bail Act 2013 (NSW), including show-cause offences and the unacceptable-risk test, charge, committal and trial process, the role of prosecution and defence counsel, and the barrister's duties in criminal advocacy - tested in the criminal paper

How to Pass the NSW Bar Exam Exam

What You Need to Know

  • Passing score: 75% overall
  • Assessment: Question count not published by the exam provider
  • Time limit: Two 2-hour papers, each with 30 minutes reading time
  • Exam fee: AUD 845 ($745 exam + $100 ExamSoft licence)

Keys to Passing

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

NSW Bar Exam Study Tips from Top Performers

1Build tabbed, indexed hard-copy materials for the Barristers' Conduct Rules 2015, the Evidence Act 1995 (NSW), the UCPR 2005, the Civil Procedure Act 2005, the Criminal Procedure Act 1986, and the Bail Act 2013 - on an open-book exam, fast navigation is worth real marks
2Treat legal ethics as the spine of both papers: know the cab-rank rule, the paramount duty to the court, advocate's immunity, and the barrister's duties to clients and opponents, and apply them to every fact scenario
3For evidence, drill the structure of the Evidence Act 1995 (NSW): relevance first, then the specific exclusionary rules (hearsay, opinion, tendency/coincidence), then privilege and the ss. 135-138 discretions
4For the criminal paper, master the Bail Act 2013 (NSW) framework cold - the difference between show-cause offences and the unacceptable-risk test is a high-yield, frequently tested area
5Practise long-answer questions in full written form under timed conditions; the markers want structured legal analysis applying the relevant statute and authority, not just a conclusion
6Read the 30-minute reading time as planning time - identify the issues, locate your authorities in your tabbed materials, and outline your answer before you start writing

Frequently Asked Questions

What format is the New South Wales Bar Examination?

The exam consists of two written papers, one focused on civil practice and one on criminal practice. Each paper runs for two hours with an additional 30 minutes of reading time, and each contains both short-answer and long-answer questions. Both papers equally test legal ethics for barristers, aspects of evidence, and practice and procedure.

Is the NSW Bar Exam open book?

Yes. Since February 2025 the NSW Bar Examination has been open book. Candidates may bring into the exam any hard-copy materials they choose, marked, tabbed, highlighted or organised as they see fit. Soft-copy materials are not permitted. Because it is open book, success depends on knowing the law well and having well-indexed materials you can navigate quickly.

What is the pass mark for the NSW Bar Exam?

The pass mark is 75 per cent overall. Candidates must reach that standard across the examination. The New South Wales Bar Association does not publish pass rates for the examination.

How much does the NSW Bar Exam cost?

The total fee is AUD $845, payable on completion of registration. This is made up of a $745 examination fee and a $100 licence fee paid to ExamSoft for the online component, as the exam is delivered electronically using ExamSoft software. Fees are subject to change, so confirm the current amount with the NSW Bar Association.

When is the NSW Bar Exam held?

The examination is offered twice a year, in February and June. The 2026 sittings are scheduled for approximately 11-12 February and 9-10 June. Candidates register through the New South Wales Bar Association ahead of their chosen sitting.

Does passing the NSW Bar Exam let me practise as a barrister?

Not on its own. To sit the exam you must already hold an Australian law degree and be admitted to the Supreme Court of NSW as a lawyer. Passing the Bar Examination is a prerequisite to the Bar Practice Course, which must be completed within 15 months. Only after the Bar Practice Course can you obtain a barrister's practising certificate from the NSW Bar Association.