Shane Warne escaped censure after the frustrated leg-spinner's temper boiled over to aim a provocative shot at umpire Aleem Dar at the Gabba.

Warne put himself in danger of copping an official punishment after questioning Dar's reputation on a frustrating day two for Australia in the first Trans-Tasman Test.

Match referee Mike Proctor indicated no action would be taken following Warne's feisty exchange after the Pakistan umpire called two leg-side wides for negative bowling.

Warne questioned the decisions in the exchange but was told by Dar to stick to his job. Then the 35-year-old Victorian effectively accused the umpire of turning a blind eye to his LBW appeals.

But it was emotional all-rounder Jacob Oram who caused most of Australia's frustration with a rampaging unbeaten 126 which inflated New Zealand's first innings to a competitive 353.

A tearful Oram dedicated the blazing 178-ball knock, featuring 12 fours and three leg-side sixes, to his grandfather Philip Douche who passed away three months ago.

The blue-collar NZ bowling attack then scrapped hard to have the world champions in trouble at 4-128 before a late rescue mission by in-form pair Damien Martyn and Michael Clarke.

Martyn (59) and Clarke (31) combined for an unbroken 71-run stand to have the home side at 4-197 before taking the umpires' offer of bad light.

It was a bizarre offer considering the sky was clear and some of 13,977-strong crowd were in danger of being sunburnt sitting beyond the boundary.

But a shadow cast across the pitch encouraged Martyn to accept the offer and he sarcastically waved to the crowd when some fans jeered him off.

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