AUSTRALIA · VICTORIAN BAR · EXTVICBAR01A
Barrister confidentiality
Reference-answer scoring1. Model input
You are a legal analyst. Answer the official bar-exam item below using only the facts and materials reproduced in this prompt. [Exam Source] Barrister Confidentiality and Its Exceptions VICBAR-01 · Victorian Bar Victoria / Australia law [Background Information] A 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. [Question] (a) Could the barrister disclose the information about the potential divorce to other people? Why or why not? [1 mark] [Response Requirements] 1. Answer only the official examination item represented by this row. 2. If this item itself contains multiple subparts, address those subparts and no other exam items. 3. Base the answer only on the reproduced facts/materials in this prompt. 4. Do not add outside facts. 5. Write a clear, concise legal analysis. [Fact Boundary] Use only the facts, sub-questions, and specified rule framework stated in the problem. Do not add outside facts.
2. Model answer
Gemini 2.5 Flash · Full answer(a) The barrister's ability to disclose the information about the potential divorce cannot be determined based solely on the facts and materials provided. The prompt does not include the specific legal rules or principles governing barrister confidentiality and its exceptions under Victorian/Australian law (VICBAR-01), which would be necessary to assess whether such disclosure is permissible.
Correct issueFailure to answer
3. Scoring rules
Full rubric- Assessment
- Compare the answer with the reference on four parts: issue, governing rule, application and conclusion.
- Points
- Award one point per substantive match, from 0 to 4. Wording need not be identical.
- Score limits
- A refusal is capped at 1; an opposite core conclusion or a non-responsive answer normally receives 0.
Reference answer
(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).
4. Recorded score
Automatic evaluation · View recordRecognizes the confidentiality issue, but supplies no governing rule, application or no-disclosure conclusion. The refusal limits the score to 1.
Question 1(a), 13 October 2024 entrance exam, p. 3. © 2024 Victorian Bar Inc. Original publication · CC BY-NC-ND 4.0. Line breaks normalized; no endorsement implied.
Reference answer reproduced as published, including its wording. The publisher cautions that selected candidate answers may contain errors or omissions.