Bar Wars

In the 70s and 80s many a Bar general meeting was given over to motions that the Barristers Board Examinations be discontinued. Members of the Dark Side who introduced the motion would argue that the examinations were not rigorous enough to qualify the student for admission to the Bar. The supporters of the Board Examinations argued to the opposite effect.

The examinations had existed for decades. The Board appointed examiners in the various areas of study which, under the Barristers Board Rules, were considered necessary for the student-at-law (those who were enrolled in the course or some part of it) to qualify for the Bar.

Prior to 1936, degrees in laws were not available in Queensland so those who wished to practice at the Bar had either to seek an appropriate degree interstate or complete the Bar Board Exams. Luminaries such as the great Dan Casey, Justice Kevin Ryan and Justice Kiefel all qualified for the Bar through the Board Exams. Justice Graham Hart and Mr Rex King QC, for example, relied upon interstate degrees.

Each time the motion was argued at general meetings those opposed to discontinuing the exams would mention Dan Casey’s admission through them. Subsequently, Susan Kiefel’s name was added as an example of the course’s alumnae.

At the final meeting Darth Vader from the Dark Side took the initiative of mentioning “Casey” before it was raised in order to reduce the impact which that reference had on members and argued that it was no longer to the point to “embrace the corpse of Casey” to support the retention of the course. Luke Skywalker who supported the retention said in reply that he did not intend to embrace the corpse of Casey but he should like to spend a little time with the warm pulsating body of Kiefel. The motion was put and was once again lost.

Members from the Dark Side then turned their attention to Bar Board Meetings. A motion to discontinue the exams was proposed. All silks were ipso facto members of the Board but no more than three or four ever attended. The normal attendance at meetings including the Judges’ representative and those from the Bar was about six.

When the motion was argued a bevy of silks, most of whom would hardly have known where the Board normally sat, attended. The room was full.  The motion was passed by a small majority. Theoretically then, the exams were to be discontinued.

The judges had the last laugh.  The Board owed its existence to Rules of Court agreed upon by the Judges. The exams were conducted pursuant to those rules. To discontinue the exams would require a rule change. It was no secret that only some of the judges favoured their removal. No directions were given as to their termination and no rule change occurred. Students-at-law went merrily along enrolling and sitting for the exams to qualify for the Bar. Finally after several years, directions preventing students from commencing the course were given. All those in the system were allowed to continue.

Even after the passing of that “on going” legislation “The Legal Profession Act 2004”, students were using the Board Exams to qualify to be admitted as legal practitioners. As a matter of record, the applicant Rebecca Clifford (Application 1384/07 heard on the 19 March 2007) relied upon her Board qualifications for admission. Indeed, there may still be some to come.

James Crowley QC