Legal Profession Act 1987 Barristers and Solicitors Admission Rules 1989 amendment (1992-540) [GG No 119 of 25.9.1992] (NSW)
1992—No. 540
LEGAL PROFESSION ACT 1987
BARRISTERS AND SOLICITORS ADMISSION RULES 1989
NEW SOUTH WALES
[Published in Gazette No. 119 of 25 September 1992]
The following amendments were made by the Barristers and Solicitors
Admission Boards on 15 September 1992:RULE 4 Omit the current definition of “Qualified Person”, and insert in its place “means a person who is above the age of 30 years, is unrelated to the applicant for admission and has known the applicant for admission for not less than three years”.
RULE 16 (d), (e), (f) & (g) These sub-rules are rescinded and the following sub-rule substituted:
16. (d) A professor of law and/or a full time law teacher nominated by the Dean of each of The Faculties of Law of Accredited Law Schools located in New South Wales, as set out in the first column of the Second Schedule.
RULE 16 (h) Omit the letter and symbol “(h)” and insert in its place the letter and symbol “(e)”.
RULE 18 (3) Omit “five” and insert in its place “eight”.
RULE 29 (1) Omit “are bona fide residents of New South Wales or the Australian Capital Territory who—” and insert in its place “are those who—”.
RULE 29 (1) (b) Omit “after 1986” and insert in its place “from 1986”.
RULE 32 (3) This rule is rescinded.
RULE 68 This rule is rescinded and the following rule substituted:
1992—No. 540
68. (1) Subject to sub-rule (2) a person who has passed a subject at any law school or other institution of higher learning which is considered by the Legal Qualifications Committee to be substantially equivalent to any examination or subject prescribed by these Rules shall be deemed to have passed such examination or subject and shall upon the determination of the Legal Qualifications Committee to that effect be credited with such deemed pass and the unit value thereof accordingly.
(2) A person shall not be deemed to have passed an examination or
subject under sub-rule (1) later than 10 years after the person has passed
the subject at the other law school or other institution of higher learning.
(3) Nothing in sub-rule (2) shall limit the power of the Legal Qualifications Committee to exempt a person from an examination or subject in circumstances which it regards as sufficiently special.
RULE 72 (2) This sub-rule is rescinded and the following sub-rule substituted:
72. (2) At the time of enrolling a candidate shall pay to the Admission Boards on behalf of the University of Sydney such fees for such courses of instruction as may be fixed from time to time by that University and also shall pay to the said Admission Boards the Examination fee.
RULE 75 (1) Omit the words “Part A to”.
RULE 75 (2) This sub-rule is rescinded and the following sub-rules substituted:
75. (2) (a) A person shall not be deemed to have passed an examination or subject under sub-rule (1) later than 10 years after the person has passed the subject at the other law school or other institution of higher learning.
(b) Nothing in sub-rule (2) (a) shall limit the power of the Legal Qualifications Committee to exempt a person from an examination or subject in circumstances which it regards as sufficiently special.
RULE 94 (g) Omit the word “elsewhere” and insert in its place the words
“in any place outside Australia or New Zealand”.
RULE 100 This rule is rescinded and the following rule substituted:
100. Every applicant for admission under Rule 94 (a) is required to
complete and lodge with the Executive Officer a notice of intention to
1992—No. 540
apply for admission, an application for admission as a barrister (Form 10), a statutory declaration (Form 11) and certificates of character in Form No. 3 from two or more qualified persons.
RULE 101 After the letter “(h)” and before the word “shall”, insert the words “is required to complete and lodge with the Executive Officer a notice of intention to apply for admission and an application for admission as a barrister (Form 10A) and”.
RULE 102 Add sub-rule (3) as follows:
(3) Each application for admission as a barrister under Rule 94 (f) shall, not less than 14 days before the meeting of the Board at which the application is to be considered, lodge with the Executive Officer:
(i) Notice of intention to apply for admission.
(ii) A statutory declaration in or to the effect of Form No. 17 or 17A.
RULE 107 (1) Omit “except a person applying under sub-rule (d), (e) or
(f)” and insert in its place “under sub-rule (a), (c) or (i)”.RULE 107 (1) (i) After the words “Form No. 14” insert the words “and a statutory declaration in or to the effect of Form No. 16.”.
RULE 107 (2) This rule is rescinded and the following rule substituted:
(2) Every person applying for admission as a solicitor under sub-rule (b) or (h) of Rule 105 shall, not less than five weeks before the date of intended admission, lodge with the Executive Officer:
(i) An application for Admission in Form No. 14 and a statutory declaration in or to the effect of Form No. 15.
(ii) Certificates of character in Form No. 3 from two or more qualified persons.
(iii) If appropriate, a certificate of graduation.
(iv) If appropriate, a certificate of satisfactory completion of the Australian National University Legal Workshop course, signed by the Academic Registrar of that University.
(v) If appropriate, a certificate of satisfactory completion of the Practical Legal Training Course, signed by the Director or Deputy Director of the College of Law.
(vi) If appropriate, evidence certifying eligibility to move from the Roll of Barristers to the Roll of Solicitors.
RULE 108 (1) Omit the words “(e) or (f),” and insert in its place “(e), (f) or (g),”.
1992—No. 540
RULE 108 Add sub-rule (4) as follows:
(4) Each person applying for admission as a solicitor under this rule shall, not less than five weeks before the date of intended admission, lodge with the Executive Officer:
(i) Notice of intention to apply for admission.
(ii) A statutory declaration in or to the effect of Form No. 18 or 18A.
RULE 111 This rule is rescinded.
RULE 117 1 Insert “(1)” before the first paragraph.
2 Rule 117 (2) is rescinded.
3 Omit “(3)” and substitute in its place “(2)”.
FIRST, SECOND AND THIRD SCHEDULES
Amended, as per attached, to reflect related amendments to the Rules.
FORMS 1 TO 10 AND 11 TO 16
Amended, as per attached, to reflect related amendments to the Rules.
FORMS 10 (A) AND 17 TO 18 (A)
New forms added, as per attached, to reflect related amendments to the
Rules.
P. O’Toole,
Executive Officer, Barristers and Solicitors Admission Boards.
1992—No. 540
FIRST SCHEDULE (FORMS)
FORM 1. APPLICATION FOR ADMISSION AS RULE 32 STUDENT-AT-LAW
FORM 2. APPLICATION FOR ADMISSION AS A RULE 32 PROBATIONARY STUDENT-AT-LAW FORM 3. CERTIFICATE OF CHARACTER
RULES 32, 100 107 FORM 4. APPLICATION FOR DECLARATION OF RULE 37 CHARACTER FORM 5. RETURN OF PROFESSIONAL ASSOCIATION RULE 40
FORM 6. CERTIFICATE OF ADMISSION AS RULE 79 STUDENT-AT-LAW FORM 7. CERTIFICATE OF ADMISSION AS RULE 79 BARRISTER OR SOLIClTOR
FORM 8. DIPLOMA IN LAW RULE 80 FORM 9. CERTIFICATE AS TO EXAMINATIONS RULE 81 PASSED (ACADEMIC RECORD) FORM 10. APPLICATION FOR ADMISSION AS A RULE 100 BARRISTER FORM 10(A). APPLICATION FOR ADMISSION AS A RULE 101 BARRISTER FORM 11. DECLARRATION TO ACCOMPANY FORM 10 RULE 100 FORM 12. STATUTORY DECLARATION RE NOTICE OF RULE 102 APPLICATION FOR ADMISSION
FORM 13. CERTIFICATE OF ELIGIBILITY FOR RULE 103, ADMISSION 108
FORM 14. APPLICATION FOR ADMISSION AS A RULE 107 SOLICITOR
FORM 15. DECLARATION BY INTERSTATE OR RULE 107 OVERSEAS APPLICANT
FORM 16. DECLARATION TO ACCOMPANY FORM 14 RULE 107 1992—No. 540
| FORM 17. | APPLICATION BY A SOLICITOR FOR | RULE 102 |
CHANGE OF ROLLS—FIRST TIME ADMISSION AS A BARRISTER
| FORM 17(A). | APPLICATION BY A SOLIClTOR FOR | RULE 102 |
| CHANGE OF ROLLS—RE-ADMISSION AS A BARRISTER | ||
| FORM 18. | APPLICATION BY A BARRISTER FOR | RULE 108 |
CHANGE OF ROLLS—FIRST TIME ADMISSION AS A SOLICITOR
| FORM 18(A). | APPLICATION BY A BARRISTER FOR | RULE 108 |
| CHANGE OF ROLLS—RE-ADMISSION AS A SOLICITOR |
SECOND SCHEDULE
| NAME OF ACCREDlTED LAW SCHOOL | DEGREE |
| University of Sydney | LL.B |
| University of New South Wales | LL.B. |
| Macquarie University | LL.B. or B. Leg. S. |
| Australian National University | LL.B |
| University of Technology, Sydney | LL.B |
| Bond University | LL.B |
| University of Wollongong | LL.B |
| University of New England-Northem Rivers | LL.B |
THIRD SCHEDULE (FEES)
For admission as a Student-at-Law $80 For admission as a Barrister or Solicitor $200 On the filing of an application under S. 20 of the Act $100 For a Certificate of Admission $20 Addition Fee Rule [79 (3)] $20 For any other application to either of the Boards (unless the Board $20 otherwise resolves)
On the filing of an application under Rule 69 $100 FORM NO. 1
APPLICATION FOR ADMISSION AS A STUDENT-AT-LAW
| I, ............................................................ | of ..................................................................... |
(Full name) (Residential address and postcode)
| and | ........................................................................................ Telephone no. ......................... |
(Official or business address and postcode)
Date of Birth ....... /......./........
1992—No. 540
hereby apply to be admitted as a Student-at-Law under subclause (.........) of Rule 29 of
the Barristers and Solicitors Admission Rules.The following original or certified documents are furnished in support of such application:
1. * A certificate of the Registrar of ............................... University (state name of university) that I have taken the degree of Bachelor (or Master) of
............................................................
1. * A certificate from the Department of School Education showing passes in the
subjects and at the levels prescribed by Rule 29 (1) (b) (c) or (f).1. * A certificate that I have passed an examination in ........................... (state place other than NSW) equivalent to the NSW Higher School Certificate subjects prescribed by Rule 29 (b) (c) or (f) at an equivalent level. 1. * A certificate from the Registrar of ................................... University (state name of prescribed university) that I have been enrolled as a student in the law degree course in the faculty of ...............................................................
2. * Two (2) recent certificates of character (Form No. 3).
* I have not at any time been excluded from undertaking the examinations prescribed by
the Barristers and Solicitors Admission Rules.
* (or, alternatively
I was excluded during the year 19..... from undertaking the examinations prescribed by the Barrister and Solicitors Admission rules and the circumstances relating to such exclusion are as stated in the document signed by me and annnexed hereto marked “A”
and
I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any Circumstance which might affect my fitness to be admitted as a Student-at-Law.
* (or, alternatively:
I wish to bring to the notice of the Banisters or Solicitors Admission Board the facts and circumstances stated in the document signed by me and annexed hereto marked “B”. I respectfully ask the Board to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted as a Student-at-Law. Except in so far as the Board may consider that my good fame and character or my fitness to be admitted as a Student-at-Law are affected by the facts and circumstances so stated, I have not done or suffered anythmg likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted as a Student-at-law.)
3. I intend to sit for the Preliminary examination in ................... 19.... (state semester)
I enclose the prescribed fee of $80.00.
...............................................................
(signature of applicant and date)
1992—No. 540
The Executive Officer,
Barristers and Solicitors Admission Boards
Level 4
Supreme Court of NSW
Queen’s Square
| Sydney NSW 2000 | * Delete wherever inapplicable |
N.B. Pursuant to Rule 58 (2), the last day for filing an application to become a Student-at-Law for those persons desiring to sit for the September Preliminary Examination is 1 MARCH and for those desiring to sit for the March Preliminary Examination is 1 SEPTEMBER.
FORM NO. 2
APPLICATION FOR ADMISSION AS A PROBATIONARY
STUDENT-AT-LAW
| I, ........................................................... | of .................................................................................. |
(Full name) (Residential address and postcode)
and ....................................................................................... Telephone no. ................................
(Official or business address and postcode)
hereby apply to be admitted as a probationary Student-at-Law. In support of my
application, I state as follows:
1. I was born on ............................. 19........ (note: minimum age under Rule 30 is 25 years)
2. I attach a brief resume (Attachment “A”) showing:
(a)
My educational qualifications including Higher School Certificate results (where appropriate).
(b) What I have done since I left school.
(c) My present occupation and a summary of my duties therein.
(d)
What law-related activities are or have been incident to my present or past occupation.
(e)
Educational programmes taken since school and the results of any examinations taken or a copy of any certificate awarded.
(f) Why I wish to be admitted as a Student-at-Law.
(g) What I aim to achieve if awarded a Diploma in Law.
(h) Any other imfomation I consider relevant to my application.
3. If admitted I intend to sit for the Preliminary Examination in ................... 19 ..... (state semester).
4. I attach two (2) recent certificates of character (Form No. 3).
1992—No. 540
5. * I have not at any time been excluded from undertaking the examinations prescribed by the Barristers and Solicitors Admission Rules.
* (or, alternatively
I was excluded during the year 19..... from undertaking the examinations prescribed by the Barristers and Solicitors Admission rules and the circumstances relating to such exclusion are as stated in the document signed by me and annnexed hereto marked “A”.
and
6. * I have not done or suffered anythmg likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted as a Student-at-Law.
* (or, alternatively:
I wish to bring to the notice of the Barristers or Solicitors Admission Board the facts and circumstances stated in the document signed by me and annexed hereto marked “B”. I respectfully ask the Board to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted as a Student-at-Law. Except in so far as the Board may consider that my good fame and character or my fitness to be admitted as a Student-at-Law are affected by the facts and circumstances so stated, I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted as a Student-at-law.)
I enclose the prescribed fee of $80.00.
............................................................. (signature of applicant and date)
The Executive Officer,
Barristers and Solicitors Admission Boards
Level 4
Supreme Court of NSW
Queen’s Square
Sydney NSW 2000 * Delete wherever inapplicable N.B. Pursuant to Rule 58 (2), the last day for filing an application to become a Student-at-Law for those persons desiring to sit for the September/October Preliminary Examination is 1 MARCH and for those desiring to sit for the March Preliminary Examination is 1 SEPTEMBER.
ATTACHMENT “A” TO FORM NO. 2
(APPLICATION FOR ADMISSION AS A PROBATIONARY
STUDENT-AT-LAW)
BRIEF RESUME OF ....................................................
(Name of applicant)
1992—No. 540
(a) (where appropriate).
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................My educational qualifications including Higher School Certificate results ....................................................................................................................................
(b) ....................................................................................................................................
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................What I have done since I left school. ....................................................................................................................................
(c) ....................................................................................................................................
....................................................................................................................................
....................................................................................................................................My present occupation and a summary of my duties therein. ....................................................................................................................................
(d)
occupation.
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................What law-related activities are or have been incident to my present or past .................................................................................................................................... (e) taken or a copy of any certificate awarded.
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................
....................................................................................................................................
Educational programmes taken since school and the results of any examinations ....................................................................................................................................
(f)
Why I wish to be admitted as a Student-at-Law. .................................................................................................................................... .................................................................................................................................... ................................................................................................................................
1992—No. 548
.................................................................................................................................
.................................................................................................................................
(g) .................................................................................................................................
.................................................................................................................................
.................................................................................................................................What I aim to achieve it awarded a Diploma in Law. .................................................................................................................................
(h)
Any other Information I consider relevant to my application. (Please continue on a further attachment).
FORM NO. 3
CERTIFICATE OF CHARACTER IN SUPPORT OF APPLICATION FOR
ADMISSION AS A STUDENT-AT-LAW / * PROBATIONARY
STUDENT-AT-LAW * BARRISTER OR * SOLICITOR
I, ........................................................... of .........................................................................
(Full name) (address)
a ................................................. , hereby certlfy that I am well acquainted with
(Occupation)
......................................................................, who is applying for admission as a
(Full name of applicant)
* Student-at Law / * Probationary Student-at-Law / *Barrister or *Solicitor.
The applicant has been known to me for a period of ............... years in the following circumstances:
In compliance with the provisions of the Barristers and Solicitors Admission Rules,
I hereunder state in my own handwriting my opinion as to the applicant’s “fame and character ”#:
.............................................
(Signature and date)
The Executive Officer
Barristers and Solicitors Admission Boards
Level 4
Supreme Court of NSW
Queen’s SquareSydney NSW 2000
* Delete whichever is inapplicable.
# The words “fame and character” must be used when stating this opinion.
1992—No. 540
FORM NO. 4
IN THE MATTER OF THE APPLlCATlON ............................................................
(Full name)
AND IN THE MATTER OF S. 20 OF THE LEGAL PROFESSION ACT, 1987.
TO: The Executive Officer Barristers and Solicitors Admission Boards
I, .......................................................... of ...........................................................................
(Full Name) (private address including postcode)
and .........................................................................................................................................
(official or business address including postcode)
hereby apply pursuant to S. 20 of the Legal Profession Act 1987 for a declaration that the matters set out in the Schedule hereto will not, without more, adversely affect an assessment by the Boards of my good fame and character.
I file herewith statutory declarations in support of my application.
I understand that it is necessary to serve a copy of this application on both the New South Wales Bar Association and the Law Society of New South Wales within seven days of filing this application.
....................................................................
(Signature of Applicant and date)
NOTE: | If the matter referred to in the Schedule refers to a charge heard before a Court, the Boards normally expect to be provided with a full copy of the depositions or transcript of that hearing. |
THE SCHEDULE
FORM NO. 5
IN THE MATTER OF THE APPLICATION OF .....................................................
(Full Name)
UNDER S. 20 OF THE LEGAL PROFESSION ACT, 1987
TO: The Executive Officer Barristers and Solicitors Admission Boards
1992—No. 540
The NSW BAR ASSOCIATION/LAW SOCIETY OF NEW SOUTH WALES
having been served with a copy of the above application on .....................19 ........ notify you as follows:
1. The application is opposed/Not opposed.
2. It is desired to cross-examine the applicant and the persons listed below before the Boards.
3. Further material should be furnished by the applicant on the following aspect of the application before it can be properly considered.
FORM NO. 6
CERTIFICATE OF ADMISSION AS STUDENT-AT-LAW
THIS IS TO CERTIFY THAT
of
was admitted as a ............................................................................. Student-at-Law
under Rule ............ of the Barristers and Solicitors Admission Rules on ..........................
19 ................. and that his/her name has not been removed from the Roll ofStudent-at-Law.
.......................................
Executive Officer
.......................................
Date
FORM NO. 7
BARRISTERS (SOLICITORS) ADMISSION BOARD
CERTIFICATE OF ADMISSION
I, ........................................... of Sydney, in the State of New South Wales, in the Commonwealth of Australia, Executive Officer of the Barristers and Solicitors Admission Boards of the said State, and being the officer having ordinarily the custody
of the records relating to the admission of ................................... and the Roll of
................................... of the said State, DO HEREBY CERTIFY that
............................................. was on the ................... day of .................................. one
thousand nine hundred and .................. admitted as a ...................... of the Supreme Court of the said State, and that ..................... name still remains on the said Roll of ..................... and has never been removed therefrorn, no order has ever been made
suspending ................ from practising ................. profession, no complaint has ever been
1992—No. 540
lodged against ......................... and that no proceedings are now pending to strike
.......... name off the said Roll of ......................... or to suspend .............. from practise
aforesaid.
GIVEN under my hand and the seal of the Barristers (Solicitors) Admission Board at Sydney in the State of New South Wales this
.................... day of .................... one thousand nine
hundred and ...........................
EXECUTIVE OFFICER
FORM NO. 8
BARRISTERS AND SOLICITORS ADMISSION BOARDS
Be it known
that .................................................................
has passed the examinations prescribed by the Barristers and Solicitors Admission Rules
and has been granted the
DIPLOMA IN LAW
In Witness whereof
the Seal of the Boards has been hereunto affixed on the day of ..................... in the year
of Our Lord one thousand nine hundred and ..........................
Chief Justice of New South Wales
FORM NO. 9
THIS IS TO CERTIFY THAT:
.............................................. has the following academic record in respect of
examinations conducted under the Barristers and Solicitors Admission Rules:
1992—No. 540
SUBJECT TERM GRADE Executive Officer
(Date)FORM NO. 10 (Rule 94(a) only)
APPLICATION FOR ADMISSION AS A BARRISTER
I, ...................................................... of ...........................................................................................
(Full name) (Private address and postcode)
and ................................................................................................................................................ (Official or business address)
do hereby apply to be admitted as a Barrister under subclause (a) of Rule 94 of the
Barristers and Solicitors Admission Rules.
In support of such application I furnish the following documents or information:
1. * A certificate evidencing the award of a degree set out in the Second Schedule or a degree in law otherwise approved by the Boards.
OR
1. * I have passed all the examinations of the Barristers and Solicitors Admission Boards required to be passed by such Boards (with the exception of the examinations, for which I sat at the recent examination).
2. * I have passed or have been exempted from the Barristers Admission Board examination in Legal Ethics.
OR
2. * A certificate of the Registrar of the University of New South Wales or Australian National University or University of Technology Sydney, as to having passed the examination of that University in the subject of Legal Ethics and Trust Accounts.
3. My declaration in Form 11 as prescribed by Rule 100.
4. Two (2) recent Certificates of Character (Form No 3).
5.#* I apply under Supreme Court Procedure (NSW). Part 65c.3 for admission without attendance by me.
I enclose the prescribed fee of $200.00
1992—No. 540
..................................................................
(Signature of Applicant and date)
The Executive Officer,
Barristers and Solicitors Admission Boards
Level 4
Supreme Court of NSW
Queen’s Square
Sydney NSW 2000
| # Interstate applicants only. | * Delete whichever is inapplicable. |
FORM NO. 10 (A)
[Rule 94 (b) (c) (d) (e) (g) or (h)]
APPLICATION FOR ADMISSION AS A BARRISTER
I, ............................................................... of .............................................................................
(Full name) (Private address and postcode)
| and | ................................................................................................................................................ |
(Official or business address)
do hereby apply to be admitted as a Barrister under subclause (........,) of Rule 94 of the
Barristers and Solicitors Admission Rules.
1. * In support of such application I furnish a Certificate of Admission of the relevant Nation, State or Territory as prescribed in Rules 94 (b) (c) (d) (e) (g) or (h).
2. * I have not done or suffered anythmg likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise at the bar.
* (or, alternatively:
I wish to bring to the notice of the Barristers Admission Board the facts and circumstances stated in the document signed by me and annexed hereto marked “B”. I respectfully ask the Board to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted to practise at the bar. Except in so far as the Board may consider that my good fame and character or my fitness to be admitted to practise at the bar are affected by the facts and circumstances so stated, I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise at the bar.)
3. # * I apply under Supreme Court Procedure (NSW) Part 65c.3 for admission without attendance by me.
1 enclose the prescribed fee of $200.00.
1992—No. 540
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in any such declaration.
Declared at ....................... this ........................... day of ................................. , 19.............. before me:
........................................................ ........................................................................ A Justice of the Peace. Signature of Applicant The Executive Officer
Barristers and Solicitors Admission Boards
Level 4
Supreme Court of NSW
Queen’s Square
Sydney NSW 2000# Interstate applicants only. * Delete whichever is inapplicable.
FORM NO. 11
I, ................................................................ of .........................................................................
(Full name) (Private address including postcode)
In the State of New South Wales, Student-at-Law, do solemnly declare and affirm that:
1. (a) I was admitted as a Student-at-Law under subclause (.........) of Rule 29 of the Barristers and Solicitors Admission Rules on ....................................
(Date of admission)
OR
(b)
I hold, or am entitled to, a degree set out in the Second Schedule of the Boards’ Rules, or a degree in law otherwise approved by the Boards.
2. *
I have not done or suffered anythmg likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise at the bar.
* (or, alternatively:
I wish to bring to the notice of the Barristers Admission Board the facts and circumstances stated in the document signed by me and annexed hereto marked “B”. I respectfully ask the Board to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted to practise at the bar. Except in so far as the Board may consider that my good fame and character or my fitness to be admitted to practise at the bar are affected by the facts and circumstances so stated, I have not done or suffered anything Likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise at the bar.)
3. I intend / do not intend * to commence immediate practice at the bar and enrol in the bar reading programme.
1992—No. 540
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in any such declaration.
Declared at ............................ this ............................ day of ............................. , 19 ...... before me:
.................................................. ......................................................
| A Justice of the Peace. | Signature of Applicant |
| * Please delete whichever is inapplicable. |
FORM NO. 12
I, ................................................................. of .................................................................................
(full name of applicant) (applicant’s private address)
in the State of New South Wales, do hereby solemnly declare and affirm that on ........... 19..... I delivered (or caused to be delivered) to the office of the New South Wales Bar Association the original document of which the annexure “A” hereto is a true copy.
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made and subject to the punishment by law provided for any wilfully false statement in any such declaration.
Declared at ............................ this ............................ day of ............................. , 19 ...... before me:
.................................................. ......................................................
| A Justice of the Peace. | Signature of Applicant |
ANNEXURE “A”
To: The Registrar
New South Wales Bar Association
Please note that I, .................................................... of .. ......................................................
(full name of applicant) (applicant’s private address)
intend to apply for admission as a Barrister on ............................................................. *
| or the date of my intended admission is .......................................... | * |
I will wish to participate in the reading course commencing in February/August,*
19........
| My Tutor will be | ............................................................................................................... * or |
(name of Tutor)
(I request the Reading Committee to arrange reading for me).
My business and home telephone numbers are:
1992—No. 540
............................................................................ and ...................................................................
(business number) (home number)
.
........................................... (applicant’s signature)
* Delete whichever is inapplicable.
N.B. The original of this document is to be forwarded to the NSW Bar Association, with a true copy to be included with your application for admission which is forwarded to the Boards.
FORM NO. 13
CERTIFICATE OF ELIGIBILITY FOR ADMISSION
To the Honourable The Chief Justice.
I have the honour to inform you that the persons listed in the First Schedule have been certified by the Barristers Admission Board as eligible for admission as barristers and that the persons listed in the Second Schedule have been certified by the Solicitors Admission Board as eligible for admission as solicitors.
FIRST SCHEDULE
(List names)
SECOND SCHEDULE
(List names)
Dated ...................................................., 19............. ..............................................................................
Executive Officer
Banisters and Solicitors Admission Boards1992—No. 540
FORM NO. 14
APPLICATION FOR ADMISSION AS A SOLICITOR
| I, | ................................................................... of ......................................................................... |
(Full name) (Private / residential address)
and ...........................................................................................................................................
(Official or business address)
do hereby apply to be admitted as a Solicitor under subclause (.........) of Rule 105 of the
Barristers and Solicitors Admission Rules.
In support of such application I furnish the following documents or information:
1. * A certificate evidencing the award of a degree set out in the Second Schedule or a degree in law otherwise approved by the Boards.
OR
1. * I have passed all the examinations of the Barristers and Solicitors Admission Boards required to be passed by such Boards (with the exception of the examinations, for which I sat at the recent examination). My Student-at-Law number is ............................
OR
1. * I was admitted to the Bar of New South Wales on ............ I attach documents
certifying my eligibility for admission.
OR
1. * I was admitted to practise as a ............... in ...................................
(Name of Nation, State or Territory)
on ......... I enclose a declaration in accordance with Form No. 15 to the
Rules as to my eligibility for admission.2. I have satisfactorily completed (or will complete on ...........) * the Practical Legal Training Course, or * a course substantially equivalent to the Practical Legal Training Course, or * I have been granted exemption from such requirement referred to in the Rules. I hereby attach documentation to substantiate this statement.
3. I attach two (2) recent Certificates of Character (Form No. 3).
4. # I apply under Supreme Court Procedure (NSW). Part 65c.3 for admission without attendance by me.
I enclose the prescribed fee of $200.00
....................................................................
(Signature of Applicant and date)
The Executive Officer
Barristers and Solicitors Admission Boards
Level 4
Supreme Court of NSW
| Queen’s | Square |
Sydney NSW 2000
1992—No. 540
# Interstate applicants only. * Delete whichever is inapplicable. FORM NO. 15
(This form is to be in the style of a Statutory Declaration according to the
law of the place in which it is made.)
1. On the ...................... day of ......................... One thousand nine hundred and .............. I was duly admitted as a Solicitor of the Supreme Court of .....................................................
(State place of Admission)
2. Annexed hereto and marked “A”, is a true copy of the certificate of my admission as such solicitor: I am the person named therein.
3. (a) I have not done anythmg which would cause my name to be struck off the Roll of Solicitors of the said Court and, to the best of my knowledge and belief my name still remains on the said Roll; (b) I have never been suspended from practice nor have I had imposed on me any penalty, financial or otherwise in respect of my conduct or practice as a Solicitor; (c) there has never been appointed an Investigator or Receiver in respect of any trust account conducted by me in my practice as a Solicitor, (d) I am not subject of a reference to any Court or to any disciplinary body in respect of my conduct or practice as a Solicitor, (e) I have not been requested by any Law Society or other professional association to answer a complaint in respect of my conduct or practice as a Solicitor, (f) I have satisfactorily completed (or will complete on) * the Practical Legal Training Course, or * a course substantially equivalent to the Practical Legal Training Course, or * I have been granted exemption from such requirement referred to in the Rules. I hereby attach documentation to substantiate this statement. * Delete whichever is inapplicable. (Where you wish to qualify any of the above statements, you should add the words “other than as follows:” and then proceed to detail the qualification.)
4. (set out details as to residence.)
5. During the past two years I have been engaged in (state nature of employment).
6. (Where the applicant is required to show adequacy of knowledge of trust accounts and legal ethics and has not completed the Practical Legal Training Course, state facts showing the adequacy of the applicant’s knowledge).
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in my such declaration.
Declared at ................ this ................ day of ................ , 19......
1992—No. 540
before me:
.................................................. .................................................
| A Justice of the Peace. | Signature of Applicant |
FORM NO. 16
I, ............................................................. of ..................................................................................
(Full name) (Private address including postcode)
in the State of New South Wales, Student-at-Law, do solemnly declare and affirm that:
| 1. | (a) | I was admitted as a Student-at-Law under subclause (...........) of Rule 29 of the Barristers and Solicitors Admission Rules on ................................... |
| (Date of admission) |
OR
(b) I hold, or am entitled to, a degree set out in the Second Schedule of the Boards’ Rules, or a degree in law otherwise approved by the Boards.
2. * I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Solicitor.
* (or, alternatively:
I wish to bring to the notice of the Solicitors Admission Board the facts and circumstances stated in the document signed by me and annexed hereto marked “B”. I respectfully ask the Board to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted to practise as a solicitor. Except in so far as the Board may consider that my good fame and character or my fitness to be admitted to practise as a Solicitor are affected by the facts and circumstances so stated, I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Solicitor.)
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in any such declaration.
Declared at .................. this .................. day of ...................., 19...... before me:
| ............................................ | ................................................ |
| A Justice of the Peace. | Signature of Applicant |
| * Please delete whichever is inapplicable. |
1992—No. 540
FORM NO. 17
APPLICATION UNDER RULE 94(f)
(First time admission as a barrister)
APPLICATION BY A SOLICITOR FOR REMOVAL FROM THE ROLL OF
SOLICITORS AND ADMISSION AS A BARRISTER
On the ............................ day of .......................... 19......., .............................................
(Name of applicant)of ...............................................................................................................................................
(Private address including postcode)
in the State of New South Wales, Solicitor, being duly sworn makes Oath and says as
follows:1. I was admitted as a Solicitor of the Supreme Court of New South Wales on the .............. day of ................... 19.....
2. Since that date I have been engaged in the practice of my profession as a Solicitor at ......................... (or as the case may be).
3. I am desirous of having my name removed from the Roll of Solicitors of this honourable Court with a view to being admitted as a Barrister of this honourable Court, under and by virtue of the Legal Profession Act, 1987.
4. No application or other proceeding is now pending against me as such Solicitor in this Court or elsewhere, nor do I expect or apprehend that any application or proceeding will be made, had or commenced against me as such Solicitor.
5. I have not done or suffered anythmg likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Barrister.
* (or, alternatively:
I wish to bring to the notice of the Court the facts and circumstances stated in the document signed by me and annexed hereto marked “A”. I respectfully ask the Court to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted to practise as a Barrister. Except in so far as the Court may consider that my good fame and character or my fitness to be admitted to practise as a Barrister are affected by the facts and circumstances so stated, I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Barrister.)
6. I have handed, or will cause to be handed, a written notice of this application to The Secretary of the New South Wales Bar Association and also to The Secretary of the Law Society of N.S.W.
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for my wilfully false statement in any such declaration.
Declared at .............................. this ......................... day of ............................, 19.........
1992—No. 540
....................................................... .............................................. A Justice of the Peace. Signature of Applicant
* Delete whichever is inapplicable.
FORM NO. 17 (A)
APPLICATION UNDER RULE 94(f)
(Re-admission as a Barrister)
APPLICATION BY A SOLICITOR FOR REMOVAL FROM THE ROLL OF
SOLICITORS AND READMISSION AS A BARRISTER
| On the | ................................ day of .......................... 19....., ............................................. (Name of applicant) |
of ...........................................................................................................................................
(Private address including postcode)
in the State of New South Wales, Solicitor, being duly sworn makes Oath and says as
| follows | : |
1. I was duly admitted as a Barrister of the Supreme Court of New South Wales on the .............. day of ......................... 19......
2. I was admitted as a Solicitor of the Supreme Court of New South Wales on the .......................... day of ......................... 19....... (by virtue of my having been a Barrister of the Court of five years standing (or as the case may be).
3. Since the last mentioned date I have been engaged in the practice of my profession as a Solicitor at ......................... (or as the case may be).
4. I am desirous of having my name removed from the Roll of Solicitors of this honourable Court with a view to being readmitted as a Barrister of this Court.
5. No application or other proceeding is now pending against me as such Solicitor in this Court or elsewhere, nor do I expect or apprehend that any application or proceeding will be made, had or commenced against me as such Solicitor.
6. I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Barrister.
* (or, alternatively:
I wish to bring to the notice of the Court the facts and circumstances stated in the document signed by me and annexed hereto marked “A”. I respectfully ask the Court to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted to practise as a Barrister. Except in so far as the Court may consider that my good fame and character or my fitness to be admitted to practise as a Barrister are affected by the facts and circumstances so stated, I have not done or suffered anythmg likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Barrister.)
7. I have handed, or will cause to be handed, a written notice of this application to The Secretary of the New South Wales Bar Association and also to The Secretary of the Law Society of N.S.W.
1992—No. 540
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in any such declaration.
Declared at ...................................... this ........................... day of ....................... , 19.......... before me:
................................................. ............................................. A Justice of the Peace. Signature of Applicant
* Delete whichever is inapplicable.
FORM NO. 18
APPLICATION UNDER RULE 105(d) (e) OR (g)
(First time admission as a Solicitor)
APPLICATION BY A BARRISTER FOR REMOVAL FROM THE ROLL OF BARRISTERS AND ADMISSION FOR THE FIRST TIME AS A
SOLICITOR
On the .......................... day of .......................... 19....., ...........................................
(Name of applicant)
of .............................................................................................................................................
(Private address including postcode)
in the State of New South Wales, Barrister-at-Law, being duly sworn makes Oath and
says as follows:1. I was admitted as a Barrister of the Supreme Court of New South Wales on the .............. day of ................... 19.....
2. Since that date I have been engaged in the practice of my profession as a
Barrister-at-Law at ......................... (or as the case may be). 3. I am desirous of having my name removed from the Roll of Barristers of this honourable Court with a view to being admitted as a Solicitor of this honourable Court, under and by virtue of the Legal Profession Act, 1987.
4. No application or other proceeding is now pending against me as such Barrister in this Court or elsewhere, nor do I expect or apprehend that any application or proceeding will be made, had or commenced against me as such Barrister.
5. I have not done or suffered anythmg likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Solicitor.
* (or, alternatively:
I wish to bring to the notice of the Court the facts and circumstances stated in the document signed by me and annexed hereto marked “A”. I respectfully ask the Court to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted to practise as a Solicitor. Except in so far as the Court may consider that my good fame and character or my fitness to be admitted to practise as a Solicitor are affected by the facts and circumstances so stated, I have not done or suffered anything
1992—No. 540
likely to affect adversely my good fame and character, nor am I aware of any curcumstance which might affect my fitness to be admitted to practise as a Solicitor.)
6. I have handed, or will cause to be handed, a written notice of this application to The Secretary of the Law Society of N.S.W. and also to The Secretary of the New South Wales Bar Association.
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in any such declaration.
| Declared | at | ............................... this ........................... day of ........................., 19........ |
before me:
................................................ ........................................
| A Justice of the Peace. | Signature of Applicant |
| * Delete whichever is inapplicable. |
FORM NO. 18 (A)
APPLICATION UNDER RULE 105(f)
(Re-admission as a Solicitor)
APPLICATION BY A BARRISTER FOR REMOVAL FROM THE ROLL
OF BARRISTERS AND RE-ADMISSION AS A SOLICITOR
| On the ........................... day of ................................. 19....., | ......................................... (Name of applicant) |
of ...........................................................................................................................................
(Private address including postcode)
in the State of New South Wales, Barrister-at-law, being duly sworn makes Oath and
says as follows:
1. I was admitted as a Solicitor of the Supreme Court of New South Wales on the .............. day of ................... 19.....
2. I was admitted as a Barrister of the Supreme Court of New South Wales on the .............. day of ................... 19..... (by virtue of my having been a Solicitor of the Court of five years standing (or as the case may be).
3. Since the last mentioned date I have been engaged in the practice of my profession as a Barrister-at-Law at ........................... (or as the case may be).
4. I am desirous of having my name removed from the Roll of Barristers of this honourable Court for the purpose of being readmitted as a Solicitor of this court.
5. No application or other proceeding is now pending against me as such Barrister in this Court or elsewhere, nor do I expect or apprehend that any application or proceeding will be made, had or commenced against me as such Barrister.
6. I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Solicitor.
* (or, alternatively:
1992—No. 540
I wish to bring to the notice of the Court the facts and circumstances stated in the document signed by me and annexed hereto marked “A”. I respectfully ask the Court to consider whether those facts and circumstances adversely affect my good fame and character or affect my fitness to be admitted to practise as a Solicitor. Except in so far as the Court may consider that my good fame and character or my fitness to be admitted to practise as a Solicitor are affected by the facts and circumstances so stated, I have not done or suffered anything likely to affect adversely my good fame and character, nor am I aware of any circumstance which might affect my fitness to be admitted to practise as a Solicitor.)
7. I have handed, or will cause to be handed, a written notice of this application to The Secretary of the Law Society of N.S.W. and also to The Secretary of the New South Wales Bar Association.
AND I make this solemn declaration as to the matters aforesaid, according to the law in this behalf made, and subject to the punishment by law provided for any wilfully false statement in any such declaration.
Declared at ....................... this ............................... day of .................................., 19..... before me:
.......................................... .......................................... A Justice of the Peace. Signature of Applicant * Delete whichever is inapplicable.
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