Legal Practitioners Admission Rules 1994 (NSW)

2005 No 155

New South Wales

Legal Practitioners Admission

Rules 1994

under the

Legal Profession Act 1987

BY decision of the Legal Practitioners Admission Board, the following amendments are made to the Legal Practitioners Admission Rules 1994.

Published in Gazette No 45 of 15 April 2005, page 1426	Page 1
2005 No 155
Rule	Legal Practitioners Admission Rules 1994

Legal Practitioners Admission Rules 1994

under the

Legal Profession Act 1987

R 29 (e) Insert “an associate degree or” after “holds”.

R 81 Delete the existing rule 81 and insert in lieu:

81	(1)	A Student-at-Law who has passed one or more of the Board’s examinations may apply for a transcript of academic record in Form 9.
(2)	Form 9 shall include the following information:

• name of the Student-at-Law;

• student number of the Student-at-Law;

• name of each examination sat;

• the grade awarded in each examination, being
“Distinction”, “Merit”, “Pass” or “Fail”;

• if applicable, notice that the person has been awarded the Diploma in Law following a specified examination period.

R 96 Delete the existing rule 96 and insert in lieu:

96

(1)

The practical training requirement for admission is
completion of a course of practical training which:

(a)	is recognized in at least one Australian jurisdiction for the purposes of practical training qualifications for admission by the Supreme Court of that jurisdiction as a barrister, solicitor, barrister and solicitor or legal practitioner; and
(b)	includes demonstrating the competencies set out in the Sixth Schedule.

(2)

The practical training courses which have been assessed by the Board and which are recognized in New South Wales as satisfying the requirements of sub-rule (1) are listed in the Fourth Schedule.

2005 No 155

Legal Practitioners Admission Rules 1994	Rule
R 98 Delete the existing rule and insert in lieu:

98

(1)

A person may make application to be exempted from some
elements of practical training if he or she:

(a)	has been admitted as a lawyer in a foreign jurisdiction; or
(b)	has attained the age of 30 years and completed either 7 years service as a New South Wales government, or government related, employee performing legal services or 15 years service in courts administration in New South Wales.

(2)

A person qualified under subrule (1) may apply to the Practical Training Exemptions Sub-Committee for exemption from practical training in some or all of the skills and practice areas described in the sixth schedule and listed in the following table:

SKILLS

1        Lawyer’s Skills

2        Problem Solving

3        Work Management and Business Skills

PRACTICE AREAS

4        Civil Litigation Practice

5        Commercial and Corporate Practice

6        Property Law practice

7

Administrative Law Practice OR Family Law Practice

8 Consumer Law Practice OR
Employment and Industrial Relations Practice
OR
Planning and Environmental Law Practice OR
Wills and Estate Practice

(3) The Practical Training Exemptions Sub-Committee may exempt a person from practical training in a skill or practice area if it is satisfied that the person has the level of competence in that skill or practice area which would be expected of a graduate of one of the practical training courses listed in the Fourth Schedule.

2005 No 155

Rule Legal Practitioners Admission Rules 1994

(4)

A person granted one or more exemptions pursuant to subrule (2) shall pass, before making an application for admission as a legal practitioner, examinations approved by the Practical Training Exemptions Sub-Committee in:

(a)	Ethics and Professional Responsibility;
(b)	Trust and Office Accounting; and
(c)	Skills and practice areas listed in subrule (2) in which the applicant was not granted an exemption pursuant to subrule (3).

(5)

An applicant under this rule shall apply in and to the effect of form 17 and shall provide a copy of the application to the Law Society of New South Wales.

(6)

A person aggrieved by a determination of the Practical Training Exemptions Sub-Committee under subrule (3) may, within one month of the making of such determination, or within such extended time as the Legal Qualifications Committee may allow, request the Legal Qualifications Committee to review that determination.

Second Schedule Insert “OR Law, Lawyers and Society” after “Macquarie

University—Legal Ethics”

BY AUTHORITY