Legal Practice (Admission) (Amendment) Rules 2003 (Vic)

Legal Practice (Admission) (Amendment) Rules

2003

S.R. No. 20/2003

TABLE OF PROVISIONS

Rule Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Rules	1
5.	New definitions inserted	1
6.	Local and qualified overseas applicants	3
7.	Overseas practitioners	3
8.	Admission affidavits	3
9.	Schedule 9 substituted	3

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ENDNOTES 6

i

STATUTORY RULES 2003

S.R. No. 20/2003

Legal Practice Act 1996

Legal Practice (Admission) (Amendment) Rules

2003

The Council of Legal Education makes the following Rules:

1. Objective

The objective of these Rules is to amend the Legal Practice (Admission) Rules 1999 to alter the requirements in relation to certification of an applicant for admission.

2. Authorising provision

These Rules are made under section 337 of the

Legal Practice Act 1996.

3. Commencement

These Rules come into operation on 1 March

2003.

4. Principal Rules

In these Rules, the Legal Practice (Admission)

Rules 19991 are called the Principal Rules.

5. New definitions inserted

(1) In Rule 1.05(1) of the Principal Rules insert the

following definitions—

' "acceptable deponent", in relation to an

applicant for admission, means a person
(other than a person with whom the applicant
has served under articles or served as a clerk)
who—

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S.R. No. 20/2003

(a)	is described in section 107A of the Evidence Act 1958 and who has known the applicant for not less than 12 months; or
(b)	is or was employed at a recognised secondary or tertiary teaching institution and by whom the applicant has been taught for not less than the equivalent of one year of tertiary studies or one of the two final years of secondary studies;

"recognised secondary or tertiary teaching

institution" means—

(a)	a State school under the Education Act 1958; or
(b)	a school registered under Part III of the Education Act 1958; or
(c)	a TAFE college or university under the Tertiary Education Act 1993; or
(d)	an institution in another State or a Territory that provides education at the secondary or tertiary level; or
(e)

an institution that is approved by rule (4);'.

(2) After Rule 1.05(3) of the Principal Rules insert—

"(4) For the purposes of these Rules, the Board of Examiners may approve an institution (whether in or outside Victoria) that provides education at the secondary or tertiary level to be a recognised secondary or tertiary teaching institution.".

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6. Local and qualified overseas applicants

In the Principal Rules—

(a) for rule 4.03(1)(b)(iv) substitute—

"(iv) two affidavits as to character in the

form set out in Schedule 9 each made

by an acceptable deponent; and";

(b) for rule 4.06(2)(b)(iv) substitute—

"(iv) two affidavits as to character in the

form set out in Schedule 9 each made

by an acceptable deponent; and".

7. Overseas practitioners

In the Principal Rules—

(a) in rule 4.09(2)(b)—

(i)  in sub-paragraph (ii), for "character; and" substitute "character.";

(ii) sub-paragraph (iii) is revoked;

(b) for rule 4.10(1)(b) substitute—

"(b) deliver to the Board two affidavits as to character in the form set out in deponent; and".

8. Admission affidavits

In Schedules 7, 8 and 13 to the Principal Rules, for "In the matter of an applicant for admission" substitute "In the matter of [name of applicant], an applicant for admission".

9. Schedule 9 substituted

For Schedule 9 to the Principal Rules substitute—

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S.	R. No. 20/2003
"SCHEDULE 9 Rules 4.03(1)(b)(iv), 4.06(2)(b)(iv), 4.10(1)(b)

AFFIDAVIT AS TO CHARACTER

In the Supreme Court of Victoria

In the matter of [name of applicant], an applicant for admission

I, [name in full] of [address] make oath and say that:

1.     My occupation is [occupation of deponent].

2.     I have known [name of applicant] of [address of applicant] ("applicant") for [number] years.

3.     The circumstances in which I have known the applicant throughout that time are [details of the nature of acquaintance of deponent with applicant].

4.     I believe the applicant is of good reputation and character.

Sworn, &c. ".

———

Dated: 19 February 2003

D. L. HARPER, J.
I. J. HARDINGHAM
STEPHEN PARKER
KATE McMILLAN
GEORGE HAMPEL
DAVID FARAM
JACOB I. FAJGENBAUM
ROSEMARY BALMFORD
MICHAEL ROZENES

Legal Practice (Admission) (Amendment) Rules 2003

S.R. No. 20/2003

GORDON WALKER
IAN RAMSAY

J. H. PHILLIPS, C. J.

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Legal Practice (Admission) (Amendment) Rules 2003

Endnotes

S. R. No. 20/2003

ENDNOTES

1 Rule 4: S.R. No. 144/1999.