LLB101 Take Home Exam 2016 Semester 1
Question 1:
Which one of the following precedents should Justice Feyivekis of the Queensland Supreme Court follow to decide the case of Studymore v University of Brisbane?
1. Brody v Mathison University
As Brody v Mathison University was decided by the Privy Council in 1983, it was at the time prima facie binding down on all Australian State courts (except for the High Court) providing that the question of law is the same.

Before the passing of the Australia Act 1986 (Cth) & (UK), the Privy Council, now the High Court of Australia, was at the common apex of all the state and territory jurisdictions and therefore was the ultimate appeal court for every Australian jurisdiction (Bakshuwen v Bakshuwen). Since the passing of the Australia Act 1986 …show more content…
Therefore, the case of Eggfive v University of Brisbane would be heard in the Queensland District Court at first instance.

b) Which court would Easter Eggfive appeal to in the event of an unsuccessful trial at the Queensland District Court and would he need leave?
As provided in s 118 of the District Courts Act 1967 (Qld), an avenue for appeal from the Queensland District Court would be the Queensland Court of Appeal. The District Courts Act 1967 (Qld) s 118 also provides that to have an appeal right without needing leave of the Queensland Court of Appeal, the amount of damage claimed must be more than the Magistrates Court’s jurisdictional limit as stated above. Therefore, Eggfive’s appeal would be as of right as the amount of damage sought to be recovered is $230,000, more than the prescribed limit.
Question 3:
Issue
Are Dora, Oliver, and Charlotte Killjoy liable under Part 5 of the Entertainment Premises Control Act 2013 (Qld) (EPCA or the Act) for the incidents at the concert?
Commencement of the