Legal Practice Board Amendment Rules (No. 2) 2006 (WA)
1 December 2006 GOVERNMENT GAZETTE, WA 5301 JU301*
Legal Practice Act 2003
Legal Practice Board Amendment
Rules (No. 2) 2006
Made by the Legal Practice Board under the Act section 252.
1. Citation
These rules are the Legal Practice Board Amendment Rules
(No. 2) 2006.2. The rules amended
The amendments in these rules are to the Legal Practice Board
Rules 2004*.[* Published in Gazette 14 May 2004, p. 1473-557. For amendments to 15 November 2006 see Western and Gazette 2 May 2006.]
those qualifications were obtained; and
3. Rule 22 amended
(1) Rule 22(2) is amended as follows:
(a) after paragraph (a) by inserting 44
(aa) an undertaking in the form of Form 2A from
the person who is to be the principal; and
(b) by deleting paragraph (c) and inserting instead 44
(c)
documentary evidence of the educational qualifications that entitle the applicant to be admitted certified by the university from which
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(c) after each of paragraphs (a), (b), (d) and (e) by
inserting -
and
(2) After rule 22(2) the following subrule is inserted
44
(3) If the requirement for the applicant to serve a term of
articles is imposed under section 27(3)(b),
subrule (2)(aa) does not apply unless the applicant is
required under section 27(3)(a) to satisfy the
requirements for practical legal training prescribed for
the purposes of section 27(1)(a).
4. Rule 23 amended
(I) After rule 23(3) the following subrules are inserted
(3a) An application referred to in subrule (2) or (3) is to also
be accompanied by -
(a) a certificate in the form of Form 7 from the former principal in respect of the period of articles prior to the assignment or registration of new articles; and
(b)
a statement from the former principal setting Out the extent to which the articled clerk has completed his or her practical legal training; and
(c)
an undertaking in the form of Form 2A from the person who is to become the principal.
(3b) Without limiting rule 76, subrule (3)(a) and (b) do not
apply if the application has been made because of the
death of the former principal.
(2) Rule 23(4) is amended by deleting "old" and inserting
instead -" former ". (3) After rule 23(4) the following subrule is inserted - 44
(5) In this rule—
"former principal" means the principal under thearticles of clerkship that are to be assigned or
replaced.
I December 2006 GOVERNMENT GAZETTE, WA 5303 5. Rule 26 amended
Rule 26(2)(b) is deleted and the following is inserted instead -
46
(b)
provide, or arrange for the provision of, any of the articled clerk's practical legal training that the principal undertook to provide or have provided on his or her behalf; and
(c)
ensure that the duties required of the articled clerk do not prevent the articled clerk from -
(i) satisfying the requirements for practical purposes of section 27(2)(a); and
(ii) satisfying any requirements imposed on the articled clerk under section 27(3)(a); and
(iii) complying with the articled clerk's obligations under subrule (1)(b).
6. Rule 27 repealed
Rule 27 is repealed.7. Part 3 Division 2 repealed
Part 3 Division 2 is repealed.
8. Rule 34 amended
Rule 34(2) is repealed.
9. Rule 34A inserted
After rule 34 the following rule is inserted
34A. Practical legal training for articled clerks -
s. 27(2)(a)
(1) For the purposes of section 27(2)(a) the prescribed
requirements for practical legal training are -
(a) completion, to the satisfaction of the Board, of all of the courses forming part of the Articles Training Programme for subjects that are not the optional subjects; and (b) in relation to each optional subject, completion, to the satisfaction of the Board, of either (i) the Articles Training Programme course for that subject; or
(ii) practical legal training in that subject to the standard required by the Uniform Admission Rules, provided to an articled clerk by or on behalf of his or her principal.
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(2) In this rule—
"optional subject" means -
(a) commercial and corporate law practice; or (b) property law practice, as described for the purposes of the Articles
Training Programme;
"Uniform Admission Rules" means the uniform
admission rules prepared by the Law Admissions
Consultative Committee and adopted by the
Council of Chief Justices on 4 April 2002.10. Rule 36 amended
(1) Rule 36(3)(a) is deleted and the following is inserted instead -
"
(a) documentary evidence of the educational
qualifications that entitle the applicant to be
admitted certified by the university from whichthose qualifications were obtained; and
(2) Rule 36(4)(a) and "and" after it are deleted and the following is
inserted instead -
(a) a certificate in the form of Form 7 from each
legal practitioner with whom the person served
articles; and
(3) After rule 36(5) the following subrule is inserted -
44
(5a) Despite subrule (2)(b), the certificates referred to in
subrule (4)(a) and (5)(b) -
(a)
may be given to the Board after the applicant has lodged his or her notice of intention to apply for admission; and
(b)
must be given to the Board at least 14 days before the applicant applies to the Court for admission.
(4) Rule 36(6) is amended as follows:
(a)
after paragraph (a) by inserting - " and ";
(b)
at the end of paragraph (b) by deleting "; and" and inserting a full stop instead;
(c) by deleting paragraph (c).
I December 2006 GOVERNMENT GAZETTE, WA 5305 11. Rule 39 replaced
Rule 39 is repealed and the following rule is inserted instead -
44
39. Application to the Court
in accordance with the Rules of the Supreme
An application for admission is to be made to the Court of Form 13.
12. Schedule I amended
(1) The amendments in this rule are to Schedule I.
(2) Form 2 is amended as follows:
(a) clause 3.3(b) and "and" after it are deleted and the
following is inserted instead -
44
(b) has satisfied the requirements for practical legal section 27(2)(a) of the Act; and
(c)
has satisfied any requirements imposed on the articled clerk under section 27(3)(a); and
(b) clause 3.3(c) is renumbered as paragraph (d);
(c) after clause 3 the following clause is inserted -
4. Obligation under deed in addition to obligations
under ActThe obligations of the Articled Clerk and the Principal under this deed are in addition to their obligations under the Act.
IF
(d) clause 4 is renumbered as clause 5. (3) After Form 2 the following form is inserted -
"
Form 2A - Undertaking as to practical legal training
Legal Practice Act 2003
Undertaking as to practical Legal Practice Board
legal training Rules 2004 r. 22, 23
Form 2A
Applicant Name
AddressPrincipal Name
Address
Telephone
MobileFax Articles
Date of Deed of Articles / /20
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The Applicant and Principal have agreed that the Applicant's practical legal training in the following subjects will be provided as follows:
ATP course By or on behalf
of Principal
Commercial and corporate law practice C] C] Property law practice C] C] In relation to the subjects indicated above as to be provided by or on
behalf of the Principal, I undertake to provide, or arrange for the
provision on my behalf of, practical legal training to the standard required
by the Uniform Admission Rules.Signature:
Date / /20
(4) Form 4 is amended by deleting "Old" in both places where it
occurs and inserting instead -
" Former ".
(5) Form 5 is amended as follows:
(a) in recital A, by deleting "with" and inserting instead - 46 by
(b) by deleting "Old" in each place where it occurs and inserting instead - " Former ".
(6) Form 6 is amended by deleting "Old" in both places where it
occurs and inserting instead -
" Former ".
(7) Form 7 is deleted and the following form is inserted instead -
Form 7 - Certificate of completion of articles Legal Practice
r Act 2003
Certificate of completion of articles Legal Practice Board Rules 2004 r. 27
Form 7Articled clerk Name
Address
Principal I Name Address
TTelephone Fax ~ Mobile
Articles Date of registration / /20 Practical 401 The Articled Clerk's practical legal training in the following legal training I subjects was provided as follows:
ATP By or on behalf
course of Principal
Commercial and corporate C] C] law practice
Property law practice
1 December 2006 GOVERNMENT GAZETTE, WA 5307 I certify that the Articled Clerk —
O has completed 12 months service as mn articled clerk; or •
served as my articled clerk from /20 to ;
or
O has served as my articled clerk since
intend the Articled Clerk to continue as my articled clerk for the
duration of the term of articles, which will be completed before the
date proposed for the Articled Clerk's admission.
I will notify the Board immediately if the Articled Clerk ceases to be
my articled clerk before the term of articles is completed./ /20 and that I In relation to the subjects indicated above as those in which practical legal training was provided by me or on my behalf, I certify that the Articled Clerk has completed that training and in my opinion has
attained the standard required by the Uniform Admission Rules.
I certify that while serving as my articled clerk, the Articled Clerk has
complied with all of the Articled Clerk's obligations under the Legal
Practice Act 2003 and the Deed of Articles of Clerkship.Signature:
Date /20 (8) Form 10 is amended as follows:
(a) by deleting "Term of articles"; and (b) by deleting the row entitled "ATP"
Made by the Legal Practice Board under section 252
R. K. O'CONNOR QC, Member.
G.
M. G. McINTYRE SC, Member G. T. W. TANNIN SC, Member
S. PENGLIS, Member
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