Legal Practitioners Act Amendment Act of 1938 (2 Geo Vi No. 20) (Qld)

SUGAR-SUPREME COURT. 17301 PART TII.- "2 GEO. VI. No. 20, 1938. Legal Practitioners Act Amendment Act. A~ : NE~ : : : TS - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - of~ ~ ~ ~ ~ ~ Sugar Experiment Stations shall be taken 1~ ~~ c:g i\ ~ ~ ~ l. delivery of and crushed by the mill-owner concerned without any deduction from the price thereof." (e) Subsection eight of section twenty of the Principal Section 20 .Act is amended by repealing the words "Sugar-cane (8). ,grown on lands assigned to a mill " where such words ·occur in the first paragraph thereof, and by inserting the words "Sugar-cane other than a variety of sugar- ·cane which is diseased sugar-cane under and within the meaning of section thirteen or section fourteen or section -eighteen of *"The Sugar Experiment Stations Acts, 1900 :to 1938," grown on lands assigned to a mill " in lieu of the words so repealed. SUPREME COURT. {I) Legal Practitioners Act Amendment Act of 1938 2 Geo. VI. No. 20 {2) Queensland Law Society Acts Amendment Act of 1938 .. 2 Geo. VI. No. 6 An Act to Amend "The Supreme Court Acts, 1861 2 ;:'° 2 6.1. to 1926," and "The Legal Practitioners Pi:c~ ~~~ Act of 1881 ,~ in certain particulars. AME~ : rENT ACT OF 1938. [ASSENTED TO 24TH NOVEMBER, 1938.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the samt', as follows:- 1. This Act may be cited as" The Legal Practitioners Short title A?t Amendment Act of 1938," and shall be ~ ead together : ~ ~ truction. WIth and deemed part of t" The Legal Pract~ tioners Act of 1881," hereinafter referred to as the Principal Act. This Act shall also be read together with and deemed part of t" The Supreme Oourt Acts, 1861 to 1926." The Principal Act, §" The Legal Practitioners Act. of Collective 1905," and this Act may collectively be cited as "The title. Legal Practitioners Acts, 1881 to 1938." * 64 Vic. No. 17 and amending Acts, supra, pages 3426 et seq. t 45 Vic. No. 5, supra, page 3470. t 25 Vic. No. 13 and amending Acts, supra, pages 3429 et seq. § 5 Edw. VII. No. 10, supra, page 3471.

17302 SUPREME COURT. Legal Practitioners Act Amendment Act. 2 GEO. VI. No. 20, Restric~ i0J? - 2. Notwithstanding anything contained in section oton p a r d a m c l t ~ I s s l e On forty-two of the *" Supreme Court Act 0 'J " 1867 , " but as a subject as hereinafter provided, no person shall, after conveyancer. the first day of January, one thousand nine hundred and forty, be admitted to practise as a conveyancer nor shall any certificate as provided by the said section forty-two be issued to any such person except in respect of admissions made prior to the aforesaid date; and section forty-one of the *" SupremeCourtAct of 1867," t" The Legal Practitioners Act of 1905," and t" The Queensland Law Society Acts, 1927 to 1938," shall be read and construed accordingly: Provided that any person who on the first day of January, one thousand nine hundred and forty, is serving under articles pursuant to the Rules of the Supreme Court relating to the admission of persons to practise as conveyancers, and who completes the final examination prescribed by such Rules on or before the thirty-first day of December, one thousand nine hundred and forty-one, shall, subject to such Rules, be entitled to be admitted to practise as a conveyancer and to have a certificate as provided in the said section forty-two of the *" SupremeCourtAct of 1867 " issued to him. Provision for conveyancer to be admitted as solicitor. 3. (1.) A conveyancer who- (a) Has for at least five ye8Jrs since he became entitled to practise as a conveyancer been a managing clerk in the office of a solicitor practising in Queensland; or (b) Has for at least five years practised as a conveyancer in Queensland; or (c) Has for at least five years since he became entitled to practise as a conveyancer been employed in Queensland, whether in the Public Service or otherwise, in work relating to conveyancing or to documents of title; and has passed the final law examination prescribed for the admission of solicitors or some examination prescribed as equivalent thereto in all subjects prescribed for that * 31 Vie. No. 23, supra, page 3430. t 5 Edw. VII. No. 10, supra, page 347l. :j: 18 Geo. V. No. 14 and amending Acts, supra, pages 12045 et seq.

SUPREME COURT. 17303 1938. Legal Practitioners Act Amendment Act. -examination except the subjects which at the commence- ment of this Act are comprised within the section of such examination dealing with the Law of Real Property and the Practice of Conveyancing, the Law of Personal Property and Contracts, and the Principles of Equity, and who has otherwise complied with such conditions as are prescribed, and who satisfies the court that he is a fit and proper person to be admitted to practise as a solicitor, shall be ~ - B- titled to be admitted as a solicitor. (2.) This section shall apply to .conveyancers to whom a certificate has been granted either before or after the commencement of this Act. 4. Section one of *" The Legal Practitioners Act of .Amendment 1881 " is repealed. of the Act 45 Vic.No. 5 (repeal of s. 1)• . 5. A barrister shall not be entitled to practise as Restriction a solicitor and a solicitor shall not be entitled to pinrarcetsipceecatsof practise as a barrister. to barristers and solicitors. 6. (1.) Within fourteen days after the first day of Barrister March, one thousand nine hundred and thirty-nine, the ~ay el~ ! J. to a: :nro Secretary of Queensland Law Society Incorporated shall deliver to the Registrar of the Supreme Court a list duly solici~ r; certified by him of all barristers whose names are on the proce ure. roll of practising practitioners kept by him pursuant to section twenty-five of t" The Queensland Law Society Act Amendment Act of 1930." (2.) On or before the thirty-first day of March, one thousand nine hundred and thirty-nine, or on or before such later date as the court or a judge thereof may allow, every person whose name shall be on such list and who shall at the date of application be practising or shall desire to practise as a solicitor, shall by notice in the form in the Schedule hereto delivered to, the registrar, Schedule. elect to become enrolled on the Roll of Solicitors kept pursuant to the rules relating to the admission of solicitors. (3.) Upon the delivery by a barrister of such notice of election together with the prescribed oath of office as a solicitor, the registrar shall forthwith enter the * 45 Vie. No. 5, supra, page 3470. t 21 Geo. V. No. 46, supra, page 13162.

17304 SUPREME COURT. Legal Practitioners Act Amendment Act. 2 GEO. VI. No. 20" name of such person on the Roll of Solicitors with a memorandum that such entry is made pursuant to this. section, and it shall not be necessary for such person to sign such roll. (4.) The registrar shall at the same time make a memorandum on the Roll of Barristers that the name of such person has been removed pursuant to this section. (5.) An oath of office shall be made and taken before and a notice of election shall be verified by a certificate of a practising barrister, practising solicitor, notary public, or by a registrar or deputy registrar of the- Supreme Court, who are hereby authorised in that behalf. (6.) For the purposes of seniority only, every such person shall be deemed to have been admitted to practise as a solicitor on the date of his admission as a barrister. (7.) Upon the enrolment of such person as aforesaid he shall as from the date of such enrolment be and be deemed to be and shall be described as a solicitor, and shall be entitled to the rights and privileges and subject to the obligations and duties of a solicitor and shall cease to have the rights and privileges or to be subject to the obligations and duties of a barrister. Amendment 7. *" The Supreme Oourt Act of 1921" is amended o 12 f t G he eo A . V ct . by inserting therein after section ten the following new No. 15. section lOA, namely:- Admission of certain barristers 8S solicitors. "[lOA.] Any barrister of good repute-- (a) Who has been admitted or shall be admitted on or prior to the thirtieth day of June, one thousand nine hundred and thirty-nine; or (b) "\Vho shall have been admitted after the thirtieth day of June, one thousand nine hundred and thirty-nine, and who shall have been three years in actual practice in Queensland; or (c) Who shall have served under articles of clerkship to a solicitor of the Supreme Court of Queensland for a period of three years; or *12 Geo. V. No. 15, supra, page 9787.

SUPREME COURT. . 17305 1938. Legal Practitioners Act Amendment Act. (d) Who shall subsequently to his enrolment as a barrister have for a period of three years· served with a solicitor of the Supreme Court of Queensland as a law clerk, or served as an associate to a judge of the High Court or Supreme Court or in the office of the Solicitor- General or the Crown Solicitor or a Registrar of the Supreme Court (in the registries at Brisbane, Rockhampton, or Townsville), or in any. office (including any branch office) of the Public Curator (which period of three years in this paragraph (d) may be made up of service wholly for that period in one such capacity as aforesaid or partly in one and partly in any other such capacity or capacities), :shall upon motion in open court at his own request be admitted as a solicitor without being required to pass any examination, and thereupon his name shall be removed from the Roll of Barristers." 8. Nothing in this Act shall prejudice or in any wise Saving of affect the provisions of section ten of *" The Supreme s. 10 of the Court Act of 1921. " A v. ctN1o2. G15e.o. 9. (1.) Notwithstanding any Act or law or Rule ofFurt~ ~ r Court made under any Act or law, any person who shall ~ :l~ ~:~ ~~ have completed fifteen years' service as a clerk (including ad~~ ionas any appointment of a higher grade than clerk) in the a soliCltor. office of- (a) The Solicitor-General; or (b) The Crown Solicitor; or (c) A Registrar of the Supreme Court (in the registries at Brisbane, Rockhampton, or Townsville); or (d) The· Public Curator (including any branch office); or (e) Any Clerk of Petty Sessions in the State, which service may be made up of service for that period in anyone such capacity as aforesaid or partly in one and partly in any other such capacity or capacities, and has passed the examination prescribed by the Public Service Regulations as the qualifying examination for admission to the Public Service, and where the whole -- ~ - -- - - ~ - - - - - * 12 Geo. V. No. 15, 8upra, page 9787.

17306 SUPREME COURT. Legal Practitioners Act Amendment Act. 2 GEO. VI. No. 20, or any part of the aforesaid service of fifteen years has been in an office mentioned in paragraph (d) or paragraph (e) hereof, has also passed the qualifying examination as prescribed for clerks of petty sessions pursuant to the Public Service Regulations, and who passes the examinations hereinafter providedandotherwiseshallhave complied (but subject to this section) with the Rules of Court relating to the Admission ofSolicitors in Queensland, shall be entitled to be admitted as a solicitor of the court. (2.) No person to whom subsection one of this section applies shall be required to serve under any articles of clerkship or be required to pass the preliminary examination for solicitors under the said Rules of Court,. but every such person shall be required to pass the intermediate examination for solicitors and the final examination for solicitors under the said Rules.. (3.) Any person who has completed five years of service as prescribed by subsection one hereof and who has passed the examination prescribed by the Public Service Regulations as the qualifying examination for admission to the Public Service and who, if prescribed in his case by the said subsection one, has also passed the qualifying examination as prescribed pursuant to the Public Service Regulations for clerks of petty sessions,. may present himself for the abovementioned intermediate examination for solicitors. (4.) Any person who has completed ten years of service as prescribed by subsection one hereof and who has passed the abovementioned intermediate examination for solicitors may present himself for the first section of the abovementioned final examination for solicitors,. and if he passes such section may upon the completion of a further year of service as prescribed present himself for the second section of the abovementioned final examination for solicitors: Provided that no such person passing such final examination shall be admitted as a solicitor unless and until he has completed the full period of fifteen years of service as prescribed. (5.) In reckoning the above period of fifteen years' service, as prescribed, whether wholly before or wholly after or partly before and partly after the passing of *" The Legal Practitioners Act Amendment Act of 1938," shall be included. * This Act.

1938. SUPREME COURT. Legal Practitioners Act Amendment Act. 17307 (6.) This section shall be read in aid of and not in derogation of the Rules of Court relating to the Admission of Solicitors of the Supreme Court, and to the intent that the rights under such Rules of any person in respect of such admission shall not be affected by this section. 10. A solicitor in any matter or proceeding in Rig~ t of which he or his partner acts as a solicitor shall have the ~ :- : ~" : d. same right of audience as a solicitor in all courts in Queensland as he had immediately prior to the passing of this Act other than such rights as were conferred by section one of *" The Legal Practitt:oners Act of 1881/' hereby repealed. SCHEDULE. Notice of Election by a Barrister to have his name entered on the Roll of Solicitors. I, of having been admitted as a Barrister of the Supreme Court of Queensland on the day of 19 HEREBY ELEOT pursuant to Section 6 of "The LegalPractitioners ActAmendment Act of 1938" to have my name entered as a Solicitor on the Roll of Solicitors kept pursuant to the Rules relating to the Admission of Solicitors. Dated this day of 19 I, of in the State of Queensland [Barrister, practising Solicitor, Notary Public, or Registrar or Deputy Registrar of the Supreme Court] HEREBY CERTIFY that the abovenamed who is personally known to me appeared before me and in my presence signed the election above set out, and that the signature now appearing thereon is in the proper handwriting of the said Dated this day of 19 * 45 Vie. No. 5, supra, page 3470.