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100+ Free NSW Bar Exam Practice Questions

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2026 Statistics

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+

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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 Practice Questions

Verified exam format metadata for New South Wales Bar Examination is pending. The practice questions above remain available while official exam length, timing, passing score, fee, and administrator details are reviewed.