Legal Practice Board Amendment Rules (No. 2) 1995 (WA)
| 5394 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
| JM301 |
LEGAL PRACTITIONERS ACT 1893
LEGAL PRACTICE BOARD AMENDMENT RULES (No. 2) 1995
Made by The Legal Practice Board under section 6.
Citation
Varying time periods
3A. The Board may shorten or extend any time period referred
to in these rules. S.
1. These rules may be cited as the Legal Practice Board Amendment Rules
(No. 2) 1995.
Principal rules
2. In these rules the Legal Practice Board Rules 1949* are referred to as
the principal rules.
[* Reprinted as at 6 May 1987.
For amendments to 26 October 1995 see 1994 Index to Legislation of Western Australia, Table 4, p. 159 and Gazette of 20 June 1995.]
Rule 3A inserted
3. After rule 3 of the principal rules the following rule is inserted —
44
24 November 19951 GOVERNMENT GAZETTE, WA 5395 Part IV repealed and a Part substituted
4. Part IV of the principal rules is repealed and the following Part is
substituted -
a
PART 1V - ARTICLED CLERKS
Division I - Articles
Definitions
18. In this Part —
"approved degree" means the degree or other qualification that a person holds if that person has -
(a) fulfilled all the requirements of the University of Western Australia for a degree in law;
(b) such other qualification as in the opinion of the Board is substantially equivalent to the degree
referred to in paragraph (a).
"articles" means articles of clerkship entered into with a
principal;
"principal" means a practitioner in practice in Western
Australia;
"5 year articled clerk" means a person who has entered
Act. into 5 years' articles under section 15 (2) (b) of the
Term of articles
19. For the purposes of section 15 (2) (a) of the Act, the
prescribed term of articles is one year.
Application for approval to registration of articles
20. A person may apply to the Board for its approval to the
registration of articles by lodging with the Board - (a) a signed deed of articles of clerkship substantially in the form of Form A in the Schedule;
(b) an application in Form B in the Schedule; (c) Schedule each signed by a practitioner of at least 2 2 certificates as to character in Form C in the years' standing and in practice, or other evidence acceptable to the Board that the applicant is of good fame and character; and
(d) evidence that the applicant -
(I) has an approved degree; or (ii) in the case of a 5 year articled clerk -
(A) has a degree from any of the Universities qualification that would enable the person togain admission to a degree course offered by any of those Universities; or
in Western Australia or an academic
| 5396 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
(B) has, in the Board's opinion, sufficient academic or work achievements or both to enable the applicant to pursue satisfactorily the course of study prescribed by these rules for 5 year articled clerks.
Assignment of articles
21. An application for approval to the registration of an assignment of articles under section 11 of the Act is to be in Form D in the Schedule and the deed of assignment, substantially in the form of Form E in the Schedule, is to be attached to the application.
New articles where practitioner ceases to be entitled to have an articled clerk
22. If a practitioner to whom an articled clerk is articled ceases, before the completion of those articles, to be entitled to have an articled clerk, the clerk may apply in Form F in the Schedule for the Board to cancel the articles and approve the registration of new articles with another practitioner for the unexpired balance of the term of the former articles.
Applications for the Board's approval
23.
(1) If an application is made for the Board's approval any aspect of the application.
under this Division, the Board may require more information on
(2) The Board may approve an application made to it for its approval under this Division, with or without imposing any conditions, or may reject the application.
Registration of articles or assignments, and fee
24. (1) An applicant who applies for the Board's approval to the registration of articles or an assignment of articles under these rules is to lodge the articles or assignment of articles with the Board for registration.
registration of articles under these rules is to pay a fee of $150. (2) An applicant who applies for the Board's approval to the
Board. (3) Registration takes effect from the date determined by the Conduct of articled clerks
25. (1) An articled clerk is to -
(a) comply with the proper standards of the legal profession as expected of articled clerks;
(b) attend all courses of study required by the Board or these rules to be attended by articled clerks in
general or the articled clerk in particular; and
attend to the duties required of the articled clerk b
(c) his or her principal in the course of the principal s practice.
the articled clerk is to lodge with the Board a certificate in (2) As soon as practicable after the completion of articles,
Form G in the Schedule given by every practitioner with whom the articled clerk has served articles, certifying as to the conduct of the articled clerk during the relevant period of service, or such other evidence as the Board may require.
24 November 19951 GOVERNMENT GAZETTE, WA 5397 Supervision of articled clerks
26. (1) The Board may supervise the conduct of articled clerks during their articles in any manner it may decide and may require the attendance of an articled clerk or principal &fore the Board.
(2) If the Board is satisfied that the articled clerk has not or is not performing his or her obligations under his or
Eher articles, the Board may order that any specified period not be counted as service under those articles for the purposes of the Act and these rules.
Division 2 - Examinations
Definition
27. For the purposes of this Division -"ATP" is an Articles Training Program conducted by the Board, including the assessments and examinations included in that Program; and
"repealed rules" means Part IV of these rules as in force on 1 December 1994.
ATP and transitional provisions
28. The following examinations are prescribed for the purposes
of section 15 (2) (a) of the Act -
(a) for an articled clerk whose articles were registered
articles is due to be completed not later than
31 December 1996, at the clerk's option, either -not later than 1 December 1994 and whose term of
(i) the Practice Examination relevant to the clerk prescribed by the repealed rules; or
(ii) the ATP examinations;
and
(b) for any other articled clerk, the ATP examinations.
5 year articled clerks' examinations
29. The following examinations are prescribed for 5 year
aticled clerks for the purposes of section 15 (2) (b) of the Act -
(a) either the University of Western Australia or such subjects in the degree of Bachelor of Laws at Murdoch University as the Board determines; and (b) for a 5 year articled clerk whose term of articles is to be completed not later than 31 December 1996, at the option of the articled clerk, either -
(i) of the repealed rules; or the Practice Examination prescribed by rule 28
(ii) the ATP examinations;
or
(c) for any other 5 year articled clerk, the ATP examinations.
| 5398 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
Credits
30. The Board may, where it considers appropriate, credit an articled clerk with a pass in any of the examinations referred to in rules 28 or 29 or part of such an examination.
Courses conducted by the Board
31. (1) In relation to an examination conducted by the Board other than an ATP examination, but subject to subrule (3), if an articled clerk does not attend at least 90% of the lecturesgiven in
the course conducted by the Board leading to that exammation,
he or she may not sit for the examination.
examination conducted by the Board to sit for a supplementary (2) The Board may allow an articled clerk who fails an examination.
The Board may excuse, on any conditions it thinks fit,, an subrule (1) if the Board is satisfied that there are special reasons for the clerk not attending the Board's course.
of an ATP may not sit for the ATP examinations unless the Board (4) An articled clerk who has not fulfilled the requirements is satisfied that special reasons exist.
be conducted by the persons in the manner, at the times, and at (5) Courses and examinations that the Board conducts are to the places, that are arranged by the Board. articled clerk from the attendance requirements provided for by (3) Division 3- Miscellaneous
Records
32. The Secretary of the Board is to keep appropriate records in relation to articled clerks, and courses and examinations they have taken.
Rule 39 amended
5. Rule 39 of the principal rules is amended -
(a) in paragraph (a) by deleting "Form K" and substituting the following - 64
Form ii "; and
(b) following - in paragraph (d) by deleting "Form L" and substituting the 41 Form C
Rule 43 amended
6. Rule 43 of the principal rules is amended by deleting paragraph (b) and
substituting the following paragraph -
94 79
(b) the ATP examinations.
Rule 46 repealed
7. Rule 46 of the principal rules is repealed.
24 November 19951 GOVERNMENT GAZETTE, WA 5399 Rule 51 amended
8. Rule 51 of the principal rules is amended -
(a) by deleting "in Form I" and substituting the following - tt
issued by the Board "; and
(b) by deleting "Form H" and substituting the following - Form G
Rule 52 amended
9. Rule 52 of the principal rules is amended by deleting "Form P of the
Schedule" and substituting the following -
Form I or Form J in the Schedule, as the circumstances require,
Schedule amended
10. The Schedule to the principal rules is amended by deleting -
(a) all the Forms before Form 0; and (b) Form P, Form Pa, Form Pb, and Form Pc,
and inserting before Form 0 the following Forms -
cc
FORM A
ARTICLES OF CLERKSHIP
DEED made on 199 P)ARTIES
A.B. of ("the Principal"); and C.D. of ("the Articled Clerk")
In consideration of the mutual obligations entered into by the parties with each other under this Deed, the parties agree as follows:
1. ENTRY INTO ARTICLES
The Principal agrees to take the Articled Clerk as an term of one year' from the date on which these Articles are
registered by the Board under the rules, and the Articledarticled clerk forthe purposes of the Act and rules for the that term in accordance with this Deed.
2. ARTICLED CLERK'S OBLIGATIONS
At all times during the term of these Articles, the Articled
Clerk is to -
(a) serve the Principal as an articled clerk, honestly, faithfully and diligently;
(b) keep confidential all information the Articled Clerk may acquire about the Principal's business and the affairs of the Principal's clients or the clients of the
firm of which the Principal is a partner;(c) be present at the Principal's office premises during ordinary office hours or at other times when
reasonably requested by the Principal;
i Vary as necessary.
| 5400 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
(d) attend all courses and take all examinations required by the Act or the rules; and
(e) behave in a proper and orderly manner. 3. PRINCIPAL'S OBLIGATIONS
At all times during the term of these Articles, the Principal is to -
instruct the Articled Clerk or ensure that the
(a) Articled Clerk is instructel by others, in the practice and profession of the law as conducted in Western
Australia; and
(b) at the completion of the term of articles, use the Principal's best endeavours to have the Articled Clerk
admitted as a Practitioner (but at the Articled Clerk's expense), if the Articled Clerk has - (i) duly complied with the Articled Clerk's obligations under this Deed; (ii) examinations prescribed by the rules in relation attended the course and passed the
to the Articled Clerk; and
(iii) otherwise complied with the requirements of
the Act and rules for admission as a
Practitioner.
4. PRINCIPAL DIES OR CEASES TO PRACTISE
If the Principal dies or ceases to practise as a Practitioner, the Articled Clerk is to arrange to assign these Articles to, or to commence new Articles with, another Practitioner so as to complete the required term of articles with that other Practitioner. The Principal's obligations under this Deed
cease when these Articles are assigned or new articles are
entered into and the assignment or new articles are
registered by the Board.5. INTERPRETATION
5.1 In this Deed -
"Act" means the Legal Practitioners Act 1893;
"Board" means The Legal Practice Board constituted
under the Act; "Practitioner" means a practitioner of the Supreme Court
of Western Australia;
"rules" means the Legal Practice Board Rules 1949.
5.2 A reference to the Act or rules includes a reference to the
Act or rules as from time to time amended or replaced.
Signed by the parties as a deed.
Signedby AB .........................................................
in the presence of:
Witness...................................................................
Signedby CD .........................................................
in the presence of:
Witness...................................................................
24 November 19951 GOVERNMENT GAZETTE, WA 5401
FORM B
LEGAL PRACTITIONERS ACT 1893
APPLICATION TO THE LEGAL PRACTICE BOARD
FOR APPROVAL TO THE REGISTRATION OF ARTICLES
Rule 20 (b)
APPLICANT' ......................................................
of...........................
I, the Applicant, apply for the Board's approval to the registration of articles of clerkship in accordance with the Act and rules and provide the following information:
1. I propose to serve my articles with .........................................
2. My date of birth is ...........................................and I attach a copy of my birth certificate.
3. I attach a certificate of character signed by ....................and
, both practitioners.2
4. I hold a Bachelor of Laws degree from the University of Western Australia! Murdoch University/a University recognised by the Board for this purpose', and I attach a
certificate from the University to that effect.4
5. I have not been convicted of any offence.
OR
I have been convicted of an offence (or offences) and the details are:
Dated..............................................199
Signedby .............................................
Or if a certificate is not available, other satisfactory evidence. 2 Or other evidence which can satisfy the board that the applicant is of good fame and
character.
Delete the wording which is not relevant.
In the case of an application for 5 year articles, substitute the following paragraph 4:
'I hold the following degree or qualifications or have the following achievements for
the purposes of Rule 20 (d) (ii): ....'
Conviction of an offence does not include:
* a conviction where the penalty imposed did not exceed $1 000, unless a sentence of imprisonment was also imposed.;
* a conviction which occurred more than 10 years before the date of the application.
| 5402 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
FORM C
LEGAL PRACTITIONERS ACT 1893 CERTIFICATE AS TO ChARACTER
Rule 20 (c)'
APPLICANT........................................................
of............................................................................
.
I. .........................................................................................................
of .......................................................a practitioner under the Act, Applicant is of good character and a fit and proper person to be CERTIFY that I have made due inquiry and believe that the articled under the Act and rules.
Dated..........................................199
Signedby ...................................................
This Form may be used, with necessary alterations, for the purposes of Section 16 (b) of the
Act (managing clerks).
FORM D
LEGAL PRACTITIONERS ACT 1893
APPLICATION TO THE LEGAL PRACTICE BOARD FOR
APPROVAL TO THE REGISTRATION OF AN ASSIGNMENT OF ARTICLES Rule 21
APPLICANT .......................................................
Of............................................................................
serving under articles with ....................................
registeredon .................................................199
I, the Applicant, apply for the Board's approval to the registration of the assignment of my articles with .............................................. for a term of ..........years and registered on ..........................199, to ..........................................................., a practitioner practising in Western Australia.
The reason for the assignment is ........
Dated.................................................199
Signed................................................
24 November 19951 GOVERNMENT GAZETTE, WA 5403 1' ...........................agree to this application being made and the
assignment of the Applicant's articles to .......................................
Dated................................................199
Signed .................................................
of the Applicant's articles. j ................................................... agree to accept the assignment Dated..............................................199
Signed...............................................1 Present principal
2 New principal.
FORM E
ASSIGNMENT OF ARTICLES
DEED made on 199 PARTIES
A.B. of ("the First Principal"); C.D. of ("the Second Principal"); and E.F. of ("the Articled Clerk")
RECITALS
A. By Articles of Clerkship dated 199 (the
"Articles"), and registered with The Legal Practice Board (the "Board") on 199 the Articled Clerk became articled to the First Principal for the term of
year(s) from 199 , in accordance with the terms of the Articles.
B.
It has been agreed between the parties that the Articles be assigned to the Second Principal, subject to any necessary approval of the Board.
NOW by this Deed, the parties agree and declare as follows:
1. ASSIGNMENT
As the Principal named in the Articles, and with the agreement of the Articled Clerk, as confirmed by the Articled Clerk's signature of this Deed, the First Principal
assigns to the Second Principal the obligations and benefit
of the position of principal under the Articles, with effect
from the date of this Deed.2. SECOND PRINCIPAL'S OBLIGATIONS
The Second Principal agrees to perform the First Principal's obligations to the Articled Clerk under the Articles for the remainder of the term of the Articles.
| 5404 | GOVERNMENT GAZETTE, WA | L24 November 1995 |
3. ARTICLED CLERK'S OBLIGATIONS
The Articled Clerk agrees to perform his or her obligations
under the Articles in relation to and at the request of the
Second Practitioner.
4. RELEASE OF FIRST PRINCIPAL
The First Principal's obligations under the Articles cease on the date of this Deed.
Signed by the parties as a deed.
Signedby kB ........................................................
in the presence of:
Witness...................................................................
Signedby C.D..............................................................
in the presence of:
Witness...................................................................
Signedby E.F..............................................................
in the presence of:
Witness...................................................................
FORM F
LEGAL PRACTITIONERS ACT 1893
APPLICATION TO THE LEGAL PRACTICE BOARD TO
CANCEL ARTICLES AND FOR APPROVAL TO THE
REGISTRATION OF NEW ARTICLES
Rule 22
APPLICANT .........................................................
of............................................................................ serving under articles with ...................................
registered on .................................................199
I apply to the Board:1. to cancel my articles with ......................................................... because he/she has ceased to be entitled to have an articled clerkby reason of.................................................................
.......................................................';and
2. to approve the registration of now articles with .................... for the unexpired balance of the former articles.
Dated.............................................199
Signed................................................
Or 'died on ...............................
24 November 19951 GOVERNMENT GAZETTE, WA 5405 ..................................................agree to this application
being made and the cancellation of the Applicant's articles to me.
Dated................................................199Signed.................................................
I . agree to become the principal under the Applicant's new articles.
Dated..............................................199Signed..................................................
2 Present principal
New principal.
FORM G
LEGAL PRACTITIONERS ACT 1893
CERTIFICATE AS TO COMPLETION OF SERVICE UNDER
ARTICLES
Rules 25 (2) & 51
ARTICLEDCLERK........................................................ of.......................................................................................
serving under articles with .............................................registered on .............................................................199
I,
of ...................................................., a practitioner under the Act,CERTIFY that the Articled Clerk has -
(a) served as my articled clerk between the dates ............ and ....................(both inclusive); and
(b) duly complied with his/her obligations under his/her articles.
Dated...................................................199
Signed....................................................
| 5406 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
FORM H
LEGAL PRACTITIONERS ACT 1893
APPLICATION TO THE LEGAL PRACTICE BOARD FOR
APPROVAL AS A MANAGING CLERK
RULE 39 (a)
APPLICANT .......................................................
of..........................................................................
1,
of...................................................................................................
clerkto ..................................................................Sobcitors, of
.....apply for the Board's approval as
Managing Clerk in accordance with the Act and rules and provide the following information:
1. I have been employed as a Law Clerk for a period of ........ years.......months of which period I have been employed as Managing Clerk for a period of .............................
2. Details of the practitioners by whom I have been employed and the period of my employment with each of them and the nature of the duties carried out in the course of that employment are as follows:
3.
My age is attached. and a copy of my birth certificate is 4. I attach a certificate of character signed by ...................... and ..........................., both practitioners.'
Dated.............................................199
Signed.................................................
Or other evidence which can satisfy the Board that the applicant is of good fame and
character.
FORM I
LEGAL PRACTITIONERS ACT 1893
ADMISSION AFFIDAVIT
(To be used by applicants for admission under section 15 (2) (a))
APPLICANT .......................................................
of..........................................................................
I, of
24 November 19951 GOVERNMENT GAZETTE, WA 5407 make oath and say as follows:'
1. On 199 , I was awarded the degree of Bachelor of Laws by University.
2. I have been an Articled Clerk under Articles registered
with the Board on [99. 3. I have not been convicted of any offence. 2
OR
I have been convicted of an offence (or offences) and the details are:
Sworn etc.
Use those of the following paragraphs as are appropriate to the case.
2 Conviction of an offence does not include:
a conviction where the penalty imposed did not exceed $1 000, unless a sentence of
imprisonment was also imposed.;
a conviction which occurred more than 10 years before the date of the application.
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