Legal Practitioners Act Amendment Act 1909 (WA)

WESTERN AUSTRALIA.

ANNO NON()

EDWARDI SEPTIMI REGIS,

XXXII".

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No. 37 of 1909.

AN ACT to amend the Legal Practitioners Act,

1893.

[Assented to 21st December, 1909.7

E it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and

Legislative Assembly of Western Australia, in this present Par-

liament assembled, and by the anthority of the same, as follows:—

1. This Act may be cited as the Legal Practitioners Act Short title.

Amendment Act, 1909, and shall be read as one with the Legal Practitioners Act, 1893, hereinafter referred to as the principal Act.

2. Any person who Qualification of managing clerks

(a.) Shall have completed or may complete the term of ten years as a clerk in the office of a practitioner or practitioners practising in Western Australia, and shall have been for at least five of such ten years employed in the capacity of a managing clerk in such office or offices; and	for admission ac
practitioners.

1909, No. 37.] Legal Practitioners. [9 EDW. VII.

(b.) Shall have obtained from the Barristers' Board a certificate to the effect that he is, in the opinion of the Board (whose decision shall be final), possessed of the qualifications required by the last preceding subsection, and a fit and proper person to be admitted a practitioner ; and

(c.) Shall have passed the final examination prescribed by the rules framed under the principal Act for the examination of articled clerks,

shall be qualified to be and. subject to the provisions of the prin-

cipal Act and the rules, may be admitted a practitioner.

Provided that it shall not be lawful for any person admitted under the provisions of this Act, at any time during the twelve months next following his admission, to practise as or engage in the practice of a legal practitioner, or be employed in the office of any legal practitioner, within three miles of the office of any prac- titioner by whom he shall have been engaged at any time during the twelve months next preceding his admission, except with the permissiomin writing of such practitioner.

Power of Barris 3.

The Barristers' Board may from time to time make, alter, vary, or repeal any general rule or rules under which the certifi- cate set forth in subsection (b.) of section two is to be applied for by the applicant, and may, in addition thereto, require any parti- cular applicant for such certificate to answer any question or questions, and to furnish such proof or proofs in support of his application as to such Board may seem expedient.

ters' Board to

make roles.

Refusal of Barris-	4.	The refusal of the Barristers' Board to grant to any appli-
ters' Board to

grant certificate

cant the certificate set forth in subsection (b.) of section two shall

not open to

not be liable to be challenged, appealed against, reviewed, quashed,

review.

or called in question by any Court of judicature, on any account

whatsoever.

Power of Barris-	5. The Barristers' Board may, in its discretion, and on being
ters' Board to

dispense with	satisfied that any applicant shall have bona fide completed the
part of term.	term of three years as a managing clerk in the office or offices of a practitioner or practitioners in any of the other States of the Com- monwealth or in Great 'Britain or Ireland. dispense in the case of such applicant with any portion not exceeding in all three years of the term of years prescribed in subsection (a.) of section two hereof.
Provided that such term of three years or any part thereof shall be exclusive of the term of five years herein prescribed as the term during which the applicant shall have been employed as a managing clerk.

9 EDW \TIM Legal Practitioners. [1909, No. 37.

6. No person who has matriculated or graduated at or passed, Preliminary ex

the matriculation examination of any university in Great Britain

amina lion not

required of

or Ireland. or the Commonwealth of Australia or the Dominion of

articled clerks

New Zealand, shall be required to pass the preliminary examination

who have ma triew

ted.

required by the rules framed under the principal Act to he passed

by articled clerks.

By Authority : A. Guam, Acting Government Printer, Perth.