Australian Capital Territory Supreme Court (Admission of Practitioners) Rules (Amendment) (Cth)

Statutory Rules 1991 No. 4151

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Australian Capital Territory Supreme Court (Admission of Practitioners) Rules2 (Amendment)

WE, Judges appointed under subsection 7 (1) of the Australian Capital Territory Supreme Court Act 1933, make the following Rules of Court under section 28 of that Act.

Dated 6 December 1991.

JEFFREY MILES

Chief Justice

J. F. GALLOP

Judge

T.J.HIGGINS

Judge

A. G. TOWILL

Registrar

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1. Amendment

1.1 The Australian Capital Territory Supreme Court (Admission of Practitioners) Rules are amended as set out in these Rules.

[NOTE: These Rules commence on gazettal: see Ads Interpretation Act 1901, s. 46a and s.48]

2. Rule 3 (Interpretation)

2.1 Subrule 3 (1) (definitions of “admission” and “Law Society”): Omit “Ordinance”, substitute “Legal Practitioners Act”.

2.2 Subrule 3 (1):

Insert:

“‘Legal Practitioners Act’ means the Legal Practitioners Act 1970 of the Australian Capital Territory;”.

2.3 Subrule 3 (1) (definition of “the Ordinance”)

Omit the definition.

2.4 Subrule 3 (2):

Omit the subrule.

3. New role 3a

3.1 After rule 3, insert:

Admission of law graduates-prescribed institutions

“3a. For the purposes of paragraph 10 (1) (a) of the Legal Practitioners Act, an institution specified in Column 2 of an item in Schedule 2 is a prescribed university or other tertiary institution.”.

4. Rule 4 (Admission days)

4.1 After “admission”, insert “under section 10 or 11 of the Legal Practitioners Act”.

5. Rule 5 (Application to be by motion)

5.l Omit the rule, substitute

Application for admission

“5. (1) Application for admission under section 10 or 11 of the Legal Practitioners Act may be by motion.

“(2) The form of notice of motion is Form 1 in Schedule 1.”.

6. New rule 9a

6.1 After rule 9, insert:

Application for enrolment

“9a. (1) The form of application for enrolment under section 10a of the Legal Practitioners Act is Form 3 in Schedule 1 and must be accompanied by an affidavit in accordance with Form 4 in Schedule 1.

“(2) Lodgment of application for enrolment with the Registrar must:

(a) occur not later than 14 days after the day on which the applicant’s affidavit is sworn or affirmed; and

(b) be accompanied by a copy of the application and of each document lodged with the application.

“(3) The Registrar may refuse to accept an application if a certificate referred to in the application is issued more than 14 days before the day on which the applicant’s affidavit is sworn or affirmed.”.

7. Rule 10 (Objection by Law Society)

7.1 After subrule (1), insert

“(1a) If the Law Society intends to object to the enrolment of an applicant under section 10a of the Legal Practitioners Act, it must serve on the applicant, not later than 14 days after receiving a copy of the application from the Registrar:

(a) notice in writing of its intention to object and of the grounds on which it will object; and

(b) a copy of every affidavit it intends to use in support of its objection.”.

7.2 Subrule (2):

Omit the subrule substitute:

“(2) After serving notice under subrule (1) or (1a), the Law Society must file a copy of the notice together with the affidavit or affidavits it intends to use in support of its objection.”.

8. New roles 13a and 13b

8.1 After rule 13, insert:

Signing of Roll before authorised officer

“ 13a. For the purposes of subsection 14a (2) of the Legal Practitioners Act, the Registrar may:

(a) provide an authorised officer with a detachable portion of the Roll of Barristers and Solicitors in order that a person whose name is entered on the Roll under paragraph 13 (1) (b) of the Legal Practitioners Act may sign the Roll before the authorised officer; and

(b) accept and keep the signed portion of the Roll as part of the Roll.

Authorised officers

“13b. An officer of the Supreme Court of a State or Territory nominated by the Chief Justice of that Court under an arrangement referred to in subsection 14a (3) of the Legal Practitioners Act is an authorised officer for the purposes of enrolment of an applicant under section 10a of that Act.”.

9. Schedule 1 (Forms)

9.1 After Form 2, insert:

“FORM 3

Rule 9a

APPLICATION FOR ENROLMENT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. of 19

IN THE MATTER OF THE APPLICATION OF TO BE ENROLLED AS A BARRISTER AND SOLICITOR UNDER THE LEGAL PRACTITIONERS ACT 1970

 

I, of , a

barrister and solicitor*/ barrister*/ solicitor*/ legal practitioner* of the Supreme Court of apply to have my name entered on the Roll of Barristers and Solicitors of the Supreme Court of the Australian Capital Territory.

Appended to this application is:

(a) my affidavit establishing my entitlement to be enrolled; and

(b) a certificate*/ extract from a certificate* by the proper officer of the Supreme Court of  in respect of my enrolment in that Court; and

(c) a certificate by the proper officer of that Court in respect of my good standing; and

(d) a certificate by the proper officer of [name of legal professional association] in respect of my good standing.

Dated................................... 19 .

(Applicant)

* Omit if inappropriate

Applicant’s address for service:

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FORM 4

Rule 9a

AFFIDAVIT OF APPLICANT FOR ENROLMENT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. of 19

IN THE MATTER OF THE APPLICATION OF TO BE ENROLLED AS A BARRISTER AND SOLICITOR UNDER THE LEGAL PRACTITIONERS ACT 1970

 

On 19 I,

of , a barrister and solicitor*/ barrister /

solicitor*/ legal practitioner* of the Supreme Court of say as follows:

1. I was first admitted to practise in Australia as a barrister and solicitor*/ barrister*/ solicitor*/ legal practitioner* of the Supreme Court of

on 19 .

2. I conduct my principal practice as a barrister and solicitor*/ barrister*/ solicitor* legal practitioner*.

3. I conduct my principal practice from [address] .

4. My right to practise as a barrister, solicitor or legal practitioner of any court in Australia is not suspended and has not been cancelled.

5. My conduct is not the subject of a complaint by any person to a court or judge (in Australia or elsewhere) or to a body having authority to deal with a complaint against a person entitled to practise (in Australia or elsewhere).

6. I intend to take up at (address)*/do not intend to take up* active practice in the Australian Capital Territory as a barrister and solicitor*/ barrister*/ solicitor*.

Sworn*/ Affirmed* at

before me:

........................................

(Barrister*/Solicitor*/Authorised officer*

of the Supreme Court of

 )

* Omit if inappropriate

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10. New Schedule 2

10.1 After Schedule 1, add:

SCHEDULE 2

Rule 3a

PRESCRIBED TERTIARY INSTITUTIONS

Item

No.

Institution

1.

Australian National University

2.

Bond University

3.

Griffith University

4.

James Cook University of North Queensland

5.

Queensland University of Technology

6.

University of Queensland

7.

Macquarie University

8.

University of Newcastle

9.

University of New South Wales

10.

University of Sydney

11.

University of Technology (Sydney)

12.

University of Wollongong

13.

Deakin University

14.

LaTrobe University

15.

Monash University

16.

University of Melbourne

17.

University of Tasmania

18.

Flinders University

19.

University of Adelaide

20.

Murdoch University

21.

University of Western Australia

22.

University of Northern Territory

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 December 1991.

2. Statutory Rules 1981 No. 323 as amended by 1982 No. 359; 1983 No. 227.