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For each question requiring a written response (ie all questions bar the multi-choice questions), a sample of actual answers given by candidates in the examination immediately follows the question.  \nFor multi-choice questions, the correct answers are highlighted.  \nAttention is drawn to the following important points concerning this document:  \n• Each sample answer has been reproduced in type-written form verbatim, as it appeared in the candidate’s actual examination submission. Any errors and omissions contained in the candidate’s original answer are therefore included. No attempt has been made in this document to correct such errors and omissions. Accordingly, each sample answer is not to be regarded as perfect and necessarily exhaustive of all relevant issues disclosed by the particular question.  \n• In assessing each sample answer, an examiner has applied a combination of quantitative and qualitative criteria and taken into account any errors and omissions in the answer. The candidate has been awarded either the maximum or near-maximum possible marks attainable for that question. For example, in the case of a question worth 2 marks the sample answer scored 2 marks, and in the case of a question worth 4 marks the sample answer may have scored 3½ or 4 marks.  \n• It is possible that other candidates’answers (not included in this document) obtained a similarly high mark for the same question, but for different reasons. Accordingly, each sample answer represents only one way in which it was possible to score highly for a particular question.  \n\n| Exam Component | Total marks for each component |\n| --- | --- |\n| Ethics | 20 |\n| Evidence | 40 |\n| Civil Procedure | 40 |\n| Criminal Procedure | 40 |\n\nTotal Exam mark: 100.00  \n© 2024 Victorian Bar Inc.  \nETHICS  \nQuestion \\#: 1  \nA barrister is representing a celebrity client who issued proceedings for breach of contract as a result of sexual harassment from their employer. During the course of the retainer, the client informs the barrister that the client is considering divorcing their spouse.  \n(a) Could the barrister disclose the information about the potential divorce to other people? Why or why not? [1 mark]  \n(b) Would your answer change if the only person that the barrister told was the barrister’s administrative assistant? Why or why not? [1 mark]  \n(c) Would your answer change if the client gave the barrister consent to disclose the information? Why or why not? [1 mark]  \nAnswer all questions with reference to the Legal Profession Uniform Conduct (Barristers) Rules 2015.  \nTotal Marks: 3.0  \nSample Answer: 1  \n(a) No, the barrister could not disclose this information to other persons. That is because a barrister must not disclosure or use in any way confidential information that they have obtained in the course of their practice, and they owe a duty to their client of confidentiality (r 114) . (b) Yes, the answer may change, although depending on the purpose of the disclosure to the administrative assistance. It is not a breach of r 116 to disclose confidential information to a member of the barrister’s staff for the purposes of that person undertaking clerical or administrative work in relation to the matter (s 116) . If it was for that purpose, the barrister could tell the admin assistant about the potential divorce. (c) Yes, a barrister may disclose information that was otherwise confidential if the person has consented to the barrister disclosing the information, either generally or on specific terms (r 114(b)) . A barrister must not disclose information under r 114(b) in any way other than as permitted by the specific terms of the person’s consent (except as compelled by law): r 115. So if the client consented, the barrister would need to be careful to comply with the terms of the consent.","cbCaiaoyWE0iRgxt","https://ap.wps.com/l/cbCaiaoyWE0iRgxt","pdf",2586551,72,"English","# Introduction\n# Ethics\n## Question 1","[{\"question\":\"What is the purpose of including annotated sample answers in the exam document?\",\"answer\":\"Written-response questions include sample answers provided immediately after each question to serve as feedback. Multiple-choice correct answers are highlighted.\"},{\"question\":\"Are the sample answers corrected or verified for completeness?\",\"answer\":\"Sample answers are reproduced verbatim from candidates’ submissions, including any errors or omissions, and are not treated as perfect or exhaustive of all issues.\"},{\"question\":\"How does the marking approach relate to the sample answers?\",\"answer\":\"An examiner uses quantitative and qualitative criteria, considering errors and omissions, and assigns either maximum or near-maximum marks for the sample answers.\"}]","VicBar Entrance Exam 13 Oct 2024 - Annotated with Sample Answers | PDF",1790327755,181]