1990 No. 270 (NSW)

1990 - NO. 270

LEGAL PROFESSION ACT 1987 - RULE

NEW SOUTH WALES

[Published in Gazette No. 62 of 11 May 1990]

BARRISTERS AND SOLICITORS ADMISSION RULES 1989

The following amendments to the rules were made by the Barristers Admission Board and the Solicitors Admission Board on 1 May 1990.

1.   Rule 13 is amended by adding a new subrule (3) as follows:

"(3) An application for relaxation of any rule relating to

qualification of barristers, solicitors, or students at law may be made either together with an application for admission or separately. Where an application is made both under this rule and for admission, the applicant shall comply with the rules relating to applications for admission."

Rule 30 (a) is amended by deleting the word "prescribed" and by

inserting in lieu after the word ''university'' the words "which has an
Accredited Law School".

2.  

3. Rule 67 (2) is amended by deleting the word "to".
4. Rule 68 is amended (a) by deleting the word "of' where first

occurring and by substituting therefor the word ''or'' and (b) by inserting immediately after the word "shall'' where last occurring the words ''upon the determination of the Legal Qualifications Committee to that effect.''

5. Rule 71 is amended by deleting the figures "68" and by substituting there for the figures "69".

6.    The following amendments are made to rule 75 (1), namely

(a) by adding at the conclusion of subrule (1) the words ''other than legal ethics";

1990 - No. 270

(b) by inserting as subrule (3) all the words that currently constitute rule 76;

(c) by renumbering present rule 75 (3) as 75 (4).

7. Rule 76 is deleted.
8. Rule 77 is renumbered as 76.

9. A new rule 77 is inserted as follows:

"77. (1) The Legal Qualifications Committee shall control the
appointment of examiners, setting and marking of the Boards' examinations and of announcing the results of such examinations.

(2) The Legal Qualifications Committee may of its own motion refer any matter touching or concerning the examinations to the Boards or either of them.

(3) Any candidate at an examination who considers that he or she is aggrieved by any determination made by the Legal Qualifications Committee in respect of an examination may apply to the Boards or either of them for a review of that determination."

Rule 107 (1) is amended by deleting the words "any of subrules (a), (c), (d), (e) or (f) of rule 105 shall, not less than three" and substituting therefor the words "(except a person applying under subrule (d), (e) or (f) of rule 105 shall, not less than five".

10.

11.    Rule 107 is further amended by adding new subrule (2):

"(2) Each application under this rule shall be accompanied by

a statutory declaration in or to the effect of Form No. 16."

12. Rule 110 (1) is amended by deleting therefrom the following material viz, "(h)".

13. Rule 111 (2) is amended by deleting therefrom the word "affidavit" and by substituting therefor the words "statutory declaration".

14. Form 10 in the First Schedule is amended by deleting
therefrom the figures "28" and by substituting therefor the figures "94".

15.   Form 11 in the First Schedule is amended: (a) by deleting the figure "2";

(b) by deleting the words "the lastmentioned" and by substituting the word "that";

1990 - NO. 270

(c) by renumbering paragraph 3 as paragraph 2; and

(d) by adding the following new paragraph:

"3. I intend/do not intend to commence immediate practice

at the Bar and enroll in the Bar Reading Programme".

16. Form 15 in the First Schedule is amended by deleting paragraph 3 therefrom and by substituting the following:

"3 (a) I have not done anything which would cause my name to

be struck off the Roll of Solicitors of the said Court, and to the best of my knowledge and belief my name still remains on the said Roll;

(b) I have never been suspended from practice nor have I had imposed on me any penalty, financial or otherwise in respect of my conduct or practice as a solicitor;

(c) there has never been appointed an Investigator or Receiver in respect of any trust account conducted by me in my practice as a solicitor;

(d) I am not the subject of a reference to any Court or to any disciplinary body in respect of my conduct or practice as a solicitor;
(e) I have not been requested by any Law Society or other professional association to answer a complaint in respect of my conduct or practice as a solicitor.

[Where you wish to qualify any of the above statements, you should add the words "other than as follows:", and then proceed to detail the qualification.]"

17. The First Schedule is amended by adding thereto Form 16.

FORM No. 86

I, ............................................... of .........................................................

[Full name]

in the State of New South Wales, Student-at-Law, do hereby solemnly
declare and affirm that:

1. I was admitted as Student-at-Law under subclause (...................) of Rule 29 of the Barristers and Solicitors Admission Rules on .............................................

From that date to the date of this declaration I have resided in this State (or it Not, set out the facts as to residence).

1990 - No. 270

I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a solicitor. (Or, alternatively I wish to the notice of the Solicitors Admission Board the facts and circumstances stated in the document signed by me and annexed hereto marked "B". I respectfully ask the Board to consider whether those facts and circumstances adversely affect my good fame and character OH affect my fitness to be admitted to practise as a solicitor. Except in so far as the Board may consider that my good fame and character OF my fitness to be admitted to practice as a solicitor are affected by the facts and circumstances so stated, 1 have not done or suffered anything likely to affect adversely my good fame and character? nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a solicitor.)

2.

And I make this solemn declaration as to the matters aforesaid
according to the law in this behalf made, and subject to the punishment
by law provided for any wilfully false statement in any such declaration.

Declared at .................................... this ................................. day of

................................., 19
before me:

18. The Second Schedule is amended by deleting from Part A thereof the words "(four year course only)". Part B is amended by deleting all current material therefrom.

P. J. GOULD, Secretary to the Barristers and Solicitors Admission

Boards.