Legal Profession Admission Board Rules 2005 amendments (2008-123) (NSW)
2008 No 123
New South Wales
Legal Profession Admission Rules
2005
under the
Legal Profession Act 2004
THE Legal Profession Admission Board has made amendments to the First Schedule (Forms) of the Legal Profession Admission Rules 2005. New versions of Forms 10 & 11 are set out in the attached documents.
| Legal | Application for Admission as a | Form 10 | The contents of this application |
| Profession | Lawyer | Rule 99 (1) | may be disclosed |
| Admission | to law admitting | ||
| by a person who has not previously been | authorities and | ||
| Board | admitted in Australia, New Zealand or | law regulatory | |
| elsewhere | bodies. |
| 1. Ceremony | Scheduled admission ceremony preferred _____ | Insert date. |
| 2. Applicant | SURNAME | TITLE |
GIVEN NAMES DATE OF BIRTH
ADDRESS
HOME TELEPHONE WORK TELEPHONE NUMBER NUMBER MOBILE NUMBER FACSIMILE NUMBER
EMAIL ADDRESS
| Published in Gazette No 48 of 2 May 2008, page 3628 | Page 1 |
| 2008 No 123 | |
| 2008 No 123 | |
| Legal Profession Admission Rules 2005 |
| 3. Academic | (a) | I have completed the Board’s examinations. My | Complete or strike |
| Requirements | student-at-law number is _______________ | out each of (a), (b), (c) and (d) as | |
| (b) | I have a law degree from a university in New | necessary. | |
| South Wales listed in the Second Schedule as follows. |
UNIVERSITY DEGREE YEAR I attach an original academic transcript showing completion of the requirements for the degree.
(c)
I have a law degree from a university in another Australian state or territory as follows.
UNIVERSITY DEGREE YEAR I attach an original academic transcript showing completion of the requirements for the degree, and a Dean’s certificate in the prescribed form.
(d)
I have been exempted by the Board from further studies on the basis of studies completed elsewhere. I attach a copy of a letter from the Board confirming the exemption.
| 4. Practical Training | a) | I have completed a course of practical training | Complete or strike |
| Requirements | listed in the Fourth Schedule as follows. | out each of (a), (b) and (c) as |
INSTITUTION COURSE YEAR necessary. I attach an original official certificate/letter/
transcript showing completion of therequirements of the course.
b)
I have completed a course of practical training or articles which is recognized in another Australian state as providing sufficient practical training for admission by the Supreme Court of that state as a lawyer. I attach an original certificate showing completion of the course, and evidence that the requirements of the course include evidence of the attainment of competencies in the areas set out in the Sixth Schedule.
c)
I have attained the age of 30 years and have completed seven years service as a New South Wales government employee performing legal services or 15 years service in courts administration in New South Wales and have been exempted by the Board from practical training in some or all of the competencies set out in rule 98 (3). I attach a copy of a letter from the Board granting exemptions, and evidence of having completed approved coursework and examinations in Ethics and Professional Responsibility, Trust and Office Accounting, and those competencies from which I have not been exempted.
2008 No 123
Legal Profession Admission Rules 2005
| 5. English Language | a) | I declare that I have undertaken the final two | Complete or strike |
| Proficiency | years of my secondary education and the study | out each of (a) | |
| Requirements | for the academic qualification in law on which I | and (b) as | |
| rely for admission in a country where English is | necessary. | ||
| Applicable from 1 July 2008 | the native or first language and that I have lived in that country or countries for the duration of those studies. I provide details of the institution, country and dates attended where I undertook my secondary and tertiary education: | ||
| i. Secondary Education |
Where did you complete your secondary education
Institution ..................................................Country .............................
Dates: from ..... /..... /..... to ..... /..... /.....
ii. Tertiary Education
Where did you complete your tertiary education
Institution ..................................................
Country .............................
Dates: from ..... /..... /..... to ..... /..... /.....
Signature ........................................
b)
I have completed the IELTS (academic) test achieving an aggregate score of 8 or more as indicated in the table below which is no more than 2 years old. I attach the original IELTS Test Report Form (TRF) dated ..... /..... /.....
IELTS
(Academic)
Overall Section minimum score 8
7 listening 7 reading 8 writing 7.5 speaking
2008 No 123
2008 No 123
Legal Profession Admission Rules 2005
| 6. Declarations – | Consider each of the following declarations carefully and |
| Suitability matters |
EITHER
• Place your signature in the box if the declaration is true, OR
• Strike out the declaration to show that the declaration is not
applicable (do not sign).
Individually sign each box OR
Declarations strike out the declaration
| 6.1. | I have not previously been admitted or refused admission as a lawyer in any jurisdiction in Australia or in a foreign country. |
| 6.2 | I am and always have been of good fame and character and I have not done or suffered anything likely to reflect adversely on my good fame and character, and I am not aware of any matter or circumstance that might affect my suitability to be admitted as a lawyer. |
| 6.3 | I am not and never have been an insolvent under administration. |
| 6.4 | I have never been convicted of an offence in Australia or in a foreign country. |
| 6.5 | I have never practised law in Australia or a foreign country when not permitted by or under a law of that country to do so or in contravention of any condition of permission to practise. |
| 6.6 | I am not and never have been the subject of an unresolved investigation, a charge, an order or a complaint under the Legal Profession Act, a corresponding previous Act, a corresponding Australian law or a corresponding foreign law. |
| 6.7 | I am not the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country and I have not been the subject of |
| disciplinary action, however expressed, relating to another profession or occupation that involved an adverse finding. | |
| 6.8 | I am not and have never been the subject of disciplinary action in a tertiary education institution in Australia or in a foreign country that involved an adverse finding. |
| 6.9 | I have never contravened a law about trust money or trust accounts in Australia or in a foreign country. |
| 6.10 | I am not and never have been subject to an order under the Legal Profession Act, a law of the Commonwealth or a corresponding law disqualifying me from being employed by an Australian legal practitioner or from managing an incorporated legal practice. |
| 6.11 | I do not suffer from any infirmity, injury, mental or physical illness, impairment or disability which makes me unable to carry out the inherent requirements of practice as an |
| Australian legal practitioner. |
2008 No 123
Legal Profession Admission Rules 2005
Disclosure
| If you have not signed one of the above declarations, you must sign | Sign or strike out the declaration |
| 6.12 and attach the relevant disclosure(s) or if 6.12 does not apply strike a line through it. | |
| 6.12 | I attach signed and dated disclosure(s) setting out full details of circumstances associated with any of the above declarations which I have not signed. |
Authorisation
| All applicants are required to sign 6.13 | Sign only |
| 6.13 | I authorise the Board to obtain from any relevant institution at which I have pursued any course of study or training, such documents as the Board considers necessary for the |
| purpose of its determination of whether I am a fit and proper person to be admitted as a Lawyer. |
Signature
Sign and date
| The above information and declarations I have given in this form are | ............................. |
| true and complete | ..... /..... /..... |
| Legal | Application for Admission as a | Form 11 | The contents of |
| this application | |||
| Profession | Lawyer | Rule 99 (3) | may be disclosed |
| Admission | to law admitting | ||
| by a person who has not previously been | authorities and | ||
| Board | admitted in Australia or New Zealand but | law regulatory | |
| who has been admitted elsewhere | bodies. Insert date. |
| 1. Ceremony | Scheduled admission ceremony preferred _____ |
| 2008 No 123 | |
| 2008 No 123 |
Legal Profession Admission Rules 2005
SURNAME TITLE
2. Applicant
GIVEN NAMES DATE OF BIRTH
ADDRESS
HOME TELEPHONE WORK TELEPHONE NUMBER NUMBER MOBILE NUMBER FACSIMILE NUMBER
EMAIL ADDRESS
| 3. Jurisdiction(s) of | I have previously been admitted as a lawyer in the |
| Admission | following jurisdiction(s). |
| I attach an original certificate not more than 35 days old from the admitting authority in each jurisdiction in which I have been admitted, showing the date of my admission and that I am in good professional standing in that | |
| jurisdiction. |
2008 No 123
Legal Profession Admission Rules 2005
(a) I have completed the Board’s examinations. My Complete or strike
4. Academic
student-at-law number is _______________ out each of (a),
| Requirements | (b), (c) and (d) as |
(b) I have a law degree from a university in New necessary. South Wales listed in the Second Schedule as follows.
UNIVERSITY DEGREE YEAR I attach an original academic transcript showing completion of the requirements for the degree.
(c)
I have a law degree from a university in another Australian state or territory as follows.
UNIVERSITY DEGREE YEAR I attach an original academic transcript showing completion of the requirements for the degree, and a Dean’s certificate in the prescribed form.
(d)
I have been exempted by the Board from further studies on the basis of studies completed elsewhere. I attach a copy of a letter from the Board confirming the exemption.
(a)
I have completed a course of practical training Complete or strike
5. Practical Training
listed in the Fourth Schedule as follows. out each of (a), (b)
| Requirements | and (c) as |
INSTITUTION COURSE YEAR necessary. I attach an original certificate showing completion of all the requirements of the course.
(b)
I have completed a course of practical training or articles which is recognized in another Australian state or territory as providing sufficient practical training for admission by the Supreme Court of that state or territory as a lawyer. I attach an original certificate showing completion of the course, and evidence that the requirements of the course include evidence of the attainment of competencies in the areas set out in the Sixth Schedule.
(c)
I have been admitted as a lawyer in a foreign jurisdiction and have been exempted by the Board from practical training in some or all of the
competencies set out in rule 98 (3). I attach a
copy of a letter from the Board granting
exemptions, and evidence of having completed
approved coursework and examinations in
Ethics and Professional Responsibility, Trust
and Office Accounting, and those competencies
from which I have not been exempted.
2008 No 123
2008 No 123
Legal Profession Admission Rules 2005
| 6. English Language | a) | I declare that I have undertaken the final two | Complete or strike |
| Proficiency | years of my secondary education and the study | out each of (a) | |
| Requirements | for the academic qualification in law on which I | and (b) as | |
| rely for admission in a country where English is | necessary. | ||
| Applicable from 1 July 2008 | the native or first language and that I have lived in that country or countries for the duration of those studies. I provide details of the institution, country and dates attended where I undertook my secondary and tertiary education: | ||
| i. Secondary Education |
Where did you complete your secondary education
Institution ..................................................Country .............................
Dates: from ..... /..... /..... to ..... /..... /.....
ii. Tertiary Education
Where did you complete your tertiary education
Institution ..................................................Country .............................
Dates: from ..... /..... /..... to ..... /..... /.....
Signature ..................................................
b)
I have completed the IELTS (academic) test achieving an aggregate score of 8 or more as indicated in the table below which is no more than 2 years old. I attach the original IELTS Test Report Form (TRF) dated ..... /..... /.....
IELTS
(Academic)
Overall Section minimum score 8
7 listening 7 reading 8 writing 7.5 speaking
2008 No 123
Legal Profession Admission Rules 2005
| 7. Declarations – | Consider each of the following declarations carefully and: |
| Suitability matters |
EITHER
• Place your signature in the box if the declaration is true, OR
• Strike out the declaration to show that the declaration is not
applicable (do not sign the box).
Individually sign each box OR
Declarations strike out the declaration
| 7.1. | I have not previously been refused admission as a lawyer in any jurisdiction in Australia or in a foreign country. |
| 7.2 | I am and always have been of good fame and character and I have not done or suffered anything likely to reflect adversely on my good fame and character, and I am not aware of any matter or circumstance that might affect my suitability to be admitted as a lawyer. |
| 7.3 | I am not and never have been an insolvent under administration. |
| 7.4 | I have never been found guilty of an offence in Australia or in a foreign country. |
| 7.5 | I have never engaged in legal practice in Australia when not admitted or in contravention of any condition of admission, or when not holding a practising certificate as required by law or in contravention of any condition of a certificate or whilst a certificate has been suspended. |
| 7.6 | I have never practised law in a foreign country when not permitted by or under a law of that country to do so or in contravention of any condition of permission to practise. |
| 7.7 | I am not and never have been subject to an unresolved complaint, investigation, charge or order under the Legal Profession Act, a corresponding previous Act, a |
| corresponding Australian law or a corresponding foreign law. | |
| 7.8 | I am not the subject of disciplinary action in another profession or occupation in Australia or in a foreign country, and have never been the subject of disciplinary action that involved an adverse finding. |
| 7.9 | My name has never been removed from a local roll, an interstate role or a foreign roll. |
| 7.10 | I have never had a right to engage in legal practice suspended or cancelled in Australia or in a foreign country. |
| 7.11 | I have never contravened a law about trust money or trust accounts in Australia or in a foreign country. |
| 7.12 | No supervisor, manager or receiver has ever been appointed in relation to any legal practice in which I have been engaged. |
2008 No 123
2008 No 123
Legal Profession Admission Rules 2005
Explanatory note
| 7.13 | I am not and never have been subject to an order under the Legal Profession Act, a law of the Commonwealth or a corresponding law disqualifying me from being employed by or a partner of an Australian legal practitioner or from managing an incorporated legal practice. |
| 7.14 | I do not suffer from any infirmity, injury, mental or physical illness, impairment or disability which makes me unable to carry out the inherent requirements of practice as an |
| Australian legal practitioner. |
Disclosure
| If you have not signed one of the above declarations, you must sign | Sign or strike out the declaration |
| 7.15 and attach the relevant disclosure(s) or if 7.15 does not apply strike a line through it. | |
| 7.15 | I attach signed and dated disclosure(s) setting out full details of circumstances associated with any of the above declarations which I have not signed. |
Authorisation
| All applicants are required to sign 7.16 | Sign only |
| 7.16 | I authorise the Board to obtain from any relevant institution at which I have pursued any course of study or training, such documents as the Board considers necessary for the |
| purpose of its determination of whether I am a fit and proper person to be admitted as a Lawyer. |
Signature
Sign and date
| The above information and declarations I have given in this form are | ............................. |
| true and complete | ..... /..... /..... |
BY AUTHORITY
0
0
0