Barristers' Admission Rules Amendment Order (No. 1) 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 282 Supreme Court Act 1921 BARRISTERS’ ADMISSION RULES AMENDMENT ORDER (No. 1) 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new rule 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1AA Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of rule 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new rule 15C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15C Completion of practical training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new rules 42AA to 42AI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 42AA Non-application of rules to admission of interstate practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 42AB Application for admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 42AC Issue of certificate of compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 42AD Refusal to issue certificate of compliance . . . . . . . . . . . . . . . . . . . . 5 42AE Court’s powers on motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 42AF Registrar to advise of grant of admission . . . . . . . . . . . . . . . . . . . . . . 6 42AG Enrolment of interstate practitioner . . . . . . . . . . . . . . . . . . . . . . . . . . 6 42AH Day of admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 42AI Certificate of admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Barristers’ Admission Rules Amendment (No. 1) No. 282, 1992 7 Insertion of new rule 42B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 42B Unfitness of interstate practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

3 Barristers’ Admission Rules Amendment (No. 1) No. 282, 1992 ˙ Short title 1. This order in council may be cited as the Barristers’ Admission Rules Amendment Order (No. 1) 1992 . ˙ Amended rules 2. The rules relating to the admission of barristers of the Supreme Court of Queensland set out in the Rule of Court made on 4 December 1975 and published in the Gazette on 6 December 1975 at pages 1281 to 1300 are amended as set out in this order in council. ˙ Insertion of new rule 1AA 3. After the heading to Part 1— insert — ˙ ‘Short title ‘1AA. These rules may be cited as the Barristers’ Admission Rules 1975. ’. ˙ Amendment of rule 2 (Interpretation) 4. Rule 2(a)— insert — ‘ “hearing day” , in relation to an interstate practitioner who intends to apply for admission as a barrister, means the day proposed for hearing the motion for his or her admission; “interstate Court” , in relation to an interstate practitioner, means the Supreme Court of the State or Territory in which the practitioner is practising; “interstate practitioner” means a practitioner of the Supreme Court of another State or Territory; ’.

4 Barristers’ Admission Rules Amendment (No. 1) No. 282, 1992 ˙ Insertion of new rule 15C 5. After rule 15B— insert— ˙ ‘Completion of practical training ‘15C. An applicant for admission who relies on a qualification mentioned in rule 15(d)(3), (4) or (5) may be required by the Board to complete such course of practical training as the Board may determine, unless the applicant satisfies the Board that a course of practical training of at least equivalent standard to that prescribed by the Board for students-at- law has been completed by the applicant before or after admission as a barrister. ’. ˙ Insertion of new rules 42AA to 42AI 6. After rule 42— insert — ˙ ‘Non-application of rules to admission of interstate practitioners ‘42AA. Subject to rule 42AB(3), rules 17, 38, 39, 41 and 42, do not apply to the admission as a barrister of interstate practitioners. ˙ ‘Application for admission ‘42AB.(1) An interstate practitioner who seeks admission as a barrister must, not less than 21 days before the day on which the practitioner intends to apply to the Court for admission— (a) file in the Court an affidavit in form 10A; and (b) give written notice to the Secretary of the intended application. ‘(2) The notice must— (a) specify whether or not the practitioner will attend in the Court on the hearing day; and (b) be accompanied by— (i) a copy of the affidavit; and (ii) the prescribed fee.

5 Barristers’ Admission Rules Amendment (No. 1) No. 282, 1992 ‘(3) Rules 41 and 42 apply to an interstate practitioner who chooses to attend in the Court on the hearing day. ˙ ‘Issue of certificate of compliance ‘42AC. If the Board is satisfied that an interstate practitioner— (a) has complied with these rules; and (b) is a fit person to be admitted; the Board must, on or before the hearing day— (c) issue a certificate of compliance in form 1; and (d) give notice to the practitioner— (i) that the certificate has been issued; and (ii) if the practitioner has chosen not to attend in the Court on the hearing day—requesting the practitioner to attend on the registrar or prothonotary of the interstate Court, on a day not more than 30 days after the hearing day, to take the oath or affirmation of allegiance and the oath or affirmation of office as a barrister and to sign the supplementary roll of barristers. ˙ ‘Refusal to issue certificate of compliance ‘42AD. If the Board is not satisfied as to the matters mentioned in rule 42AC(a) and (b), the Board must— (a) refuse to issue a certificate of compliance; and (b) give written notice to the practitioner of the refusal. ˙ ‘Court’s powers on motion ‘42AE. The Court of Appeal may, on hearing a motion for the admission as a barrister of an interstate practitioner, grant the admission of the practitioner as a barrister or take such other action as it considers appropriate.

6 Barristers’ Admission Rules Amendment (No. 1) No. 282, 1992 ˙ ‘Registrar to advise of grant of admission ‘42AF.(1) The Registrar must, as soon as practicable after the Court has granted the admission as a barrister of an interstate practitioner— (a) give written notice of the admission to the registrar or prothonotary of the interstate Court; and (b) send to the registrar or prothonotary of the interstate Court— (i) the forms of oath or affirmation of allegiance and of oath or affirmation of office as a barrister to be taken by the practitioner; and (ii) the supplementary roll of barristers to be signed by the practitioner. ‘(2) Subrule (1)(b)(i) does not apply if the Registrar has previously sent the forms of oath or affirmation to the registrar or prothonotary of the interstate Court. ˙ ‘Enrolment of interstate practitioner ‘42AG. The Registrar must, as soon as practicable after receipt of the properly completed oaths or affirmations and supplementary roll in relation to an interstate practitioner— (a) enrol the practitioner on the roll of barristers; and (b) give written notice to the Secretary of the enrolment. ˙ ‘Day of admission ‘42AH. An interstate practitioner who is enrolled under rule 42AG is taken to be admitted on the day the Court of Appeal grants the admission. ˙ ‘Certificate of admission ‘42AI. An interstate practitioner who is enrolled under rule 42AG is entitled to receive a certificate of admission in form 11. ’.

7 Barristers’ Admission Rules Amendment (No. 1) No. 282, 1992 ˙ Insertion of new rule 42B 7. After rule 42A— insert— ˙ ‘Unfitness of interstate practitioners ‘42B.(1) If— (a) an allegation as to the unfitness of an interstate practitioner is made to the Board; or (b) the Board considers it desirable to enquire into the fitness of an interstate practitioner; the Board must take such steps for enquiring into the matter as it considers appropriate. ‘(2) Rules 46 to 48 apply to an enquiry under subrule (1) with any necessary changes. ‘(3) If the Board is satisfied as to the unfitness of the interstate practitioner, the Board may apply to the Court to have the name of the interstate practitioner removed from the roll of barristers. ‘(4) An application under subrule (3) may be made only on reasonable notice in writing given to the interstate practitioner. ’. ˙ Amendment of Schedule 8. (1) Form 1— omit ‘ (Rule 17) ’, insert ‘ (Rules 17 and 42AC) ’. (2) Form 11— omit ‘ (Rule 42) ’, insert ‘ (Rules 42 and 42AI) (3) After form 10— insert—

8 Barristers’ Admission Rules Amendment (No. 1) No. 282, 1992 ‘ Form 10A (Rule 42AB) AFFIDAVIT BY INTERSTATE PRACTITIONER In the Supreme Court of Queensland. In the matter of A.B., I, A.B., of that— , ( name of State or Territory ), make oath (1) I was, on the day of 19 , admitted to practise as a (barrister or barrister and solicitor) in the Supreme Court of (the “interstate Court” ) ( If the applicant has been admitted to practise in more than 1 Court, details of each admission should be given) . (2) Brief details of my experience as a practitioner are as follows— (3) I have not done anything that would cause me to be disbarred or suspended from practice in the interstate Court(s). (4) To the best of my knowledge and belief I still remain a barrister of the interstate Court(s). (5) The copies of certificates attached to this affidavit and marked with the letters “A”, “B”, etc., are true copies of my admission. (6) I am the person named in the attached documents. (7) I have in all respects complied with the Barristers’ Admission Rules 1975 . Sworn by the deponent at before me. ’. this day of

9 Barristers’ Admission Rules Amendment (No. 1) No. 282, 1992 ENDNOTES 1. Made by the Governor in Council on 10 September 1992. 2. Notified in the Gazette on 11 September 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice. The State of Queensland 1992