Legal Profession Admission Rules 2005 amendments (2014-864) (NSW)

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New South Wales
Legal Profession Admission Rules 2005
under the
Legal Profession Act 2004

LEGAL PROFESSION ADMISSION RULES 2005

LEGAL PROFESSION ADMISSION BOARD

The Legal Profession Admission Board has made several amendments to the Legal Profession
Admission Rules 2005.
Part 11
Delete Part 11 and insert amended Part 11
First Schedule
Delete Form 10 and insert amended Form 10
Delete Form 16 and insert amended Form 16
Delete Form 17 and insert amended Form 17
Sixth Schedule
Delete the Sixth Schedule and insert amended Sixth Schedule.

CHRIS BANKS
Executive Officer
Legal Profession Admission Board

Part 11 Eligibility for admission as a lawyer
94 A person is eligible for admission as a lawyer if he or she has satisfied:
(a) the academic requirements for admission,
(b) the practical training requirement for admission and

(c) such test of the English language competence as the Board from time to time by resolution prescribes.
95
(1) The academic requirements for admission are:

(a) completion, within the previous five years, of a tertiary academic course, whether or not leading to a degree in law, which includes the equivalent of at least three years full-time study of law and which is recognised in at least one Australian jurisdiction as providing sufficient academic training for admission by the Supreme Court of that jurisdiction as a lawyer, and
(b) completion of courses of study as part of (a), which are recognised in at least one Australian jurisdiction, for the purposes of academic requirements for admission by the Supreme Court of that jurisdiction as a lawyer, as providing
sufficient academic training in the following areas of
knowledge:
• Criminal Law and Procedure
• Torts
• Contracts
• Property both Real (including Torrens system land)
and Personal
• Equity
• Administrative Law
• Federal and State Constitutional Law
• Civil Procedure
• Evidence
• Company Law
• Professional Conduct

(2) A synopsis of the areas of knowledge referred to in sub-rule (1) (b) is
set out in the Fifth Schedule.
(3) The academic courses conducted in New South Wales which are
recognised as satisfying the requirements of sub-rule (1) are:
(a) the Board’s examinations set out in rule 53, and
(b) the courses listed in the Second Schedule.
96
(1) The practical training requirement for admission is completion, within
the previous five years, of a course of practical training or articles:

(a) which is recognized in at least one Australian jurisdiction as providing sufficient practical training for admission by the Supreme Court of that jurisdiction as a lawyer, and
(b) which includes evidence of the attainment of competencies in the following areas:
• Skills
• Lawyers’ Skills
• Problem Solving
• Work Management and Business Skills
• Trust and Office Accounting
• Compulsory Practice Areas • Civil Litigation Practice • Commercial and Corporate Practice
• Property Law Practice
• Optional Practice Areas:
• Administrative Law Practice
• Banking and Finance
• Criminal Law Practice
• Family Law Practice
• Consumer Law Practice
• Employment and Industrial
Relations Practice
• Planning and Environmental
Law Practice
• Wills and Estates Practice

• Values
• Ethics and Professional Responsibility

(2) A synopsis of the competencies referred to in sub-rule (1) (b) is set out
in the Sixth Schedule.
(3) The practical training courses conducted in New South Wales which are
recognized as satisfying the requirement of sub-rule (1) are listed in the
Fourth Schedule.
97
(1) A person who falls within one of the categories set out in sub-rule (2) may apply to the Legal Qualifications Committee for exemption from some or all of the examinations set out in rule 53.
(2) The categories referred to in sub-rule (1) are:

(a) persons who have undertaken studies towards meeting the academic requirements for admission in an Australian state or territory, but who have not, within the previous five years,
completed those requirements,

(b)

persons who have undertaken studies towards meeting the academic requirements for admission in a jurisdiction outside Australia, but who have not, within the previous five years, completed those requirements,

(c)

persons who have, within the previous five years, completed the academic requirements for admission in a jurisdiction outside Australia, but who have not been admitted in that jurisdiction,

(d)

persons who have completed the academic requirements for admission in a jurisdiction outside Australia and who have been admitted in that jurisdiction, but who have not practised in that jurisdiction, and

(e)

persons who have completed the academic requirements for admission in a jurisdiction outside Australia and who have been admitted in that jurisdiction, and who have practised in that jurisdiction.
(3) The Academic Exemptions Sub-Committee may exempt a person who
falls within category (a) of sub-rule (2) from undertaking any
examination referred to in rule 53 if it is satisfied that the person has
covered the substance of the subject matter of that examination in his or
her earlier studies.
(4) The Academic Exemptions Sub-Committee may exempt a person who
falls within category (b) of sub-rule (2) from undertaking:

(a)

any examination referred to in rule 53 if it is satisfied that the person has covered the substance of the subject matter of that examination in his or her earlier studies, and

(b)

any examination referred to in rule 53 (b) if it is satisfied that the person has completed a law subject of equivalent educational standing in his or her earlier studies, and account has not been taken of that subject under paragraph (a).
(5) Subject to sub-rule (6), the Academic Exemptions Sub-Committee may exempt a person who falls within category (c) or category (d) of sub-rule (2) from undertaking any or all of the examinations referred to in rule
53, if it is satisfied that the person has completed a course of study
which is comparable in depth and scope with the course of study
required for the examinations prescribed by rule 53.
(6) The Academic Exemptions Sub-Committee may not under sub-rule (5) exempt a person from undertaking an examination corresponding to any of the subject areas set out in rule 95 (1) unless it is satisfied that the
person has covered the substance of the subject matter of that
examination in his or her earlier studies.
(7) The Academic Exemptions Sub-Committee may exempt a person who
falls within category (e) of sub-rule (2) from undertaking any
examination referred to in rule 53 if it is satisfied, having regard to the
person’s academic qualifications, the system of law applicable in the
jurisdiction in which the person has been admitted and practised, and the
nature and extent of the person’s practical experience, that he or she
ought not be required to undertake that examination.
(7A) The Academic Exemptions Sub-Committee may exempt a person who
falls within any category of sub-rule (2) from undertaking any
examination referred to in rule 53 if it is satisfied, having regard to the
person’s academic qualifications, the system of law applicable in the
jurisdiction in which the person obtained those qualifications, the nature
and extent of the person's experience and the person's performance in
any task set by the Sub-Committee, that the person ought not be
required to undertake that examination.
(8) The Academic Exemptions Sub-Committee may grant exemptions on
such conditions as it thinks fit.
(9) Notwithstanding sub-rule (1) no student-at-law shall apply under this
rule for any exemption arising from studies which he or she has
undertaken after registering as a student-at-law unless he or she has
obtained the prior approval of the Legal Qualifications Committee to
undertake those studies.
(10) An application for exemption under this rule shall be in and to the
effect of Form 16.
(11) A person aggrieved by a determination of the Academic Exemptions
Sub-Committee under this rule may, within one month of the making of
the determination, or within such extended time as the Legal
Qualifications Committee may allow, request the Legal Qualifications
Committee to review the determination.
98
(1) A person who falls within one of the categories set out in sub-rule (2) may apply to the Legal Qualifications Committee for exemption from practical training in some or all of the competencies set out in sub-rule (3).
(2) The categories referred in sub-rule (1) are:

a)

persons who have completed, more than five years ago, a course of practical legal training or articles which complies with paragraphs (a) and (b) of subrule 96(1),

b)

persons who have been admitted as lawyers in a foreign jurisdiction,

c)

persons who have attained the age of 30 years, and have completed either seven 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.
(3) The competencies referred to in sub-rule (1) are:
• Skills
• Lawyers’ Skills
• Problem Solving
• Work Management and Business Skills
• Trust and Office Accounting

• Compulsory Practice areas • Civil Litigation Practice • Commercial and Corporate Practice
• Property Law Practice

• Optional Practice Areas
• Any two of the following:
• Administrative Law Practice
• Banking and Finance
• Criminal Law Practice
• Family Law Practice
• Consumer Law Practice
• Employment and Industrial Relations
Practice

• Planning and Environmental Law
Practice

• Wills and Estates Practice

• Values
• Ethics and Professional Responsibility

(4) 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 attained 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.
(5) A person who has been exempted under sub-rule (4) from practical training in one or more skills or practice areas shall, before making application for admission as a lawyer, complete coursework and pass
examinations approved by the Practical Training Exemptions Sub- from which he or she has not been exempted.
(6) An application for exemption under this rule shall apply in and to the
effect of Form 17.
(7) At the time of making an application to the Board under this rule the
applicant shall serve a copy of an application on the Law Society.
(8) A person aggrieved by a determination of the Practical Training
Exemptions Sub-Committee under sub-rule (4) may, within one month of the making of the determination, or within such extended time as the Legal Qualifications Committee may allow, request the Legal
Qualifications Committee to review the determination.
(9) The Practical Training Exemptions Sub-Committee may grant
exemptions on such conditions as it thinks fit.

Legal Application for Form 10 The contents
of this
Rule 99(1) application
Profession Admission as a Lawyer may be
Admission by a person who has not previously been admitted in disclosed to
Australia, New Zealand or elsewhere law admitting
Board authorities and
law regulatory
bodies.
Insert date.
1. Ceremony Scheduled admission ceremony preferred

SURNAME TITLE

2. Applicant

GIVEN NAMES DATE OF BIRTH
ADDRESS

HOME TELEPHONE NUMBER WORK TELEPHONE NUMBER

MOBILE NUMBER FACSIMILE NUMBER
EMAIL ADDRESS

3. Academic (a) I have completed the Board’s examinations within the previous 5 Complete or
years. My student-at-law number is strike out each

Requirements

of (a), (b), (c), (d), (e)(i), (ii), (iii) and (iv) as
necessary.

(b)

I have a law degree, completed within the previous 5 years, from a university in New 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, completed within the previous 5 years, 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.

Name of Applicant

(d) I have been exempted by the Board from further studies on the basis of studies completed elsewhere within the previous 5 years. I attach a copy of a letter from the Board confirming the exemption.
(e) i) I have completed the Board’s Diploma-in-Law course more than 5 years ago. I have had my qualification assessed by the Board in Form 16 and have satisfied, if necessary, further academic requirements either with the Board or with another institution.
My student-at-law number is:

OR
ii) I have completed an Australian law degree more than 5 years
ago as follows.

UNIVERSITY DEGREE YEAR

I have had my qualification assessed by the Board in Form 16, and it satisfies academic requirements for admission. I attach a copy of the Board’s assessment letter.

OR
iii) I have completed an Australian law degree more than 5 years
ago as follows.

UNIVERSITY DEGREE YEAR

I have had my qualification assessed by the Board in Form 16,
and have satisfied all further academic requirements with the
Board. My student-at-law number is:

OR
iv) I have completed an Australian law degree more than 5 years
ago as follows.

UNIVERSITY DEGREE YEAR

I have had my qualification assessed by the Board in Form 16 and have satisfied all further academic requirements elsewhere. I have also had the further requirements assessed in Form 16 and attach the Board’s final assessment letter.

Name of Applicant

4. Practical a) I have completed, within the previous 5 years, a course of Complete or
practical training listed in the Fourth Schedule as follows. strike out each

Training of (a), (b) and
Requirements (c) as

INSTITUTION COURSE YEAR necessary.
I attach an original official certificate/letter/transcript showing completion of the requirements of the course.

b)

I have completed, within the previous 5 years, 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.

d)

I have completed a course of practical training described in 4a) or b) above more than 5 years ago and have had the course assessed by the Board in Form 17. I attach a copy of the Board’s assessment letter and evidence of completion of those competencies from which I have not been exempted.

Name of Applicant

5. English a) I declare that I have undertaken the final two years of my Complete or
secondary education and the study for the academic strike out each

Language of (a) and (b)
qualification in law on which I rely for admission in a country

as necessary.

Proficiency where English is the native or first language and that I have

Requirements 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

Name of Applicant

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

Declarations OR strike out the

declaration

6.1. I have not previously applied for, 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.
Note:
1.Section 11 of the Legal Profession Act 2004 (References to convictions for
offences) provides that reference to a conviction includes a finding of guilt, or the
acceptance of a guilty plea, whether or not a conviction is recorded.
2. Clause 11 of the Criminal Records Regulation 2004 provides applicants for admission
are excluded from consequences of convictions being spent.

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.

Name of Applicant

Disclosure

If you have not signed one of the above declarations, you must sign 6.12 and attach the relevant Sign or strike out the

disclosure(s) or if 6.12 does not apply strike a line through it. declaration

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
……………………………...

……/……/…….

1. Applicant

Title Surname

details

Given Name(s)
Address

Suburb Postcode State
Country
Email

Home Telephone Number Work Telephone Number

Mobile Number Facsimile Number

2. Application	Insert (a), (b), (c), (d) or (e)
Category	This application is made pursuant to Rule 97(2)
OR
I am applying to have my academic studies, completed more than 5 years ago, assessed Please tick

3.	Law studies	Country	Country
completed
Institution	Institution

Qualification Date completed Qualification Date completed

4. Documents

In this section tick the boxes which denote the documents you are providing. See information overleaf about the documents
normally supplied. Documents should wherever possible be A4 sized.

in support of application		an original transcript of academic record in Law marked “A” * *Not required if studies completed with LPAB, in which case insert student number.
	copy of official descriptions of academic law subjects marked “B”
	evidence of my admission as a lawyer (an original certificate from an admitting authority) marked “C”
	a description of my practice as a lawyer marked “D”
	a letter setting out the circumstances surrounding the delay in completing my qualification and /or applying for admission marked “E”
	copy of my curriculum vitae marked “F”
	evidence of further law-related study and/or experience, marked “G”

5. Declaration

of Applicant	To the best of my knowledge and belief the information in and/or appended to this application is accurate.
Signature

Date

1. Applicant

Title Surname

details

Given Name(s)
Address

Suburb Postcode
State
Country
Email

Home Telephone Number Work Telephone Number

Mobile Number Facsimile Number

2. Application	Insert (a) or (b) or (c)
Category	This application is made pursuant to Rule 98(2)
3. Previous	Have you completed a practical legal training course? Yes/No; Was completion more than 5 years ago? Yes/No

Practical Legal Training	If yes to either, where?	Circle Yes or No
Date of completion

Please attach an original transcript showing completion of the practical legal training course.

4. Previous

I have previously been admitted as a lawyer in the following jurisdiction(s) (only applicable for Rule 98(2)(b)):

admission

1. 2.
Date of admission
Please attach a copy of your certificate(s) of admission
In this section tick the boxes which denote the elements of practical training from which you seek exemption. In relation to each

5. Documents in	element, state on A4 pages the basis of your request for exemption including the nature, range and complexity of the work you have undertaken and provide any supporting documentation.
support of	Skills and Practice Areas

application

Skills

Practice Areas

 Lawyer’s Skills  Civil Litigation Practice
 Problem Solving  Commercial and Corporate Practice

 Work Management and Business Skills  Property Law Practice

 Trust and Office Accounting Optional Practice Areas

Values  Administrative Law Practice

 Ethics and Professional Responsibility  Banking and Finance
 Consumer Law Practice
 Criminal Law Practice

 Employment & Industrial Law Practice
 Family Law Practice

 Planning & Environmental Law Practice
 Wills & Estates Practice

6. Declaration of

To the best of my knowledge and belief the information in and/or appended to this application is accurate.

Applicant

Signature

Date

Sixth Schedule Practical legal training

LAW ADMISSIONS CONSULTATIVE

COMMITTEE

PRACTICAL LEGAL TRAINING

COMPETENCY STANDARDS

FOR ENTRY-LEVEL LAWYERS

Commencement Date:

1 January 2015

Contents
1. BACKGROUND ......................................................................................................... 1
2. INTERPRETATION .................................................................................................... 2

2.1 Definitions .............................................................................................................. 2
2.2 Interpretation of Item 6 ............................................................................................ 2
3. REQUIREMENTS FOR APPLICANTS FOR ADMISSION ..................................................... 3
3.1 Required Competencies ............................................................................................ 3
3.2 When PLT may be commenced .................................................................................. 3
4. REQUIREMENTS FOR EACH FORM OF PLT .................................................................... 4
4.1 Programmed training and workplace experience .......................................................... 4
4.2 Common requirements ............................................................................................. 4
4.3 Level of training ....................................................................................................... 5
4.4 Qualification of instructors and supervisors ................................................................. 5
4.5 Assessment of applicants .......................................................................................... 5
4.6 Resilience and well-being .......................................................................................... 5
5. COMPETENCY STANDARDS ........................................................................................ 6
5.1 Administrative Law Practice ....................................................................................... 6
5.2 Banking and finance ................................................................................................. 7
5.3 Civil Litigation Practice .............................................................................................. 8
5.4 Commercial and Corporate Practice ............................................................................ 9
5.5 Consumer Law Practice ........................................................................................... 11
5.6 Criminal Law Practice ............................................................................................. 12
5.7 Employment and Industrial Law ............................................................................... 13
5.8 Ethics and Professional Responsibility ....................................................................... 15
5.9 Family Law Practice ................................................................................................ 16
5.10 Lawyer's Skills ....................................................................................................... 17
5.11 Planning and Environmental Law Practice .................................................................. 20
5.12 Problem Solving ..................................................................................................... 21
5.13 Property Law Practice ............................................................................................. 22
5.14 Trust and Office Accounting ..................................................................................... 24
5.15 Wills and Estates Practice ........................................................................................ 25
5.16 Work Management and Business Skills ..................................................................... 26

LAW ADMISSIONS CONSULTATIVE COMMITTEE1

PRACTICAL LEGAL TRAINING

COMPETENCY STANDARDS FOR ENTRY-LEVEL LAWYERS

1.           BACKGROUND
In 2002, Admitting Authorities finally endorsed proposed national PLT Competency
Standards for Entry-level Lawyers, which were recommended to them by LACC.
The Standards had been jointly developed by the Australasian Practical Legal Training
Council (APLEC) and LACC and sought to describe the observable performance in several
key areas relating to legal practice, required of entry-level lawyers at the point of
admission to the legal profession.2
Subsequent changes in both the training of lawyers and legal practice led LACC in 2010 to
seek the assistance of APLEC and other stakeholders to undertake a review of the PLT
Competency Standards. APLEC undertook a review, which was completed in 2013
following extensive consultation. This document is based on suggestions made by APLEC,
as a result of that review.
One of the most significant changes in the intervening years is that, in several
jurisdictions, many intending legal practitioners now obtain their PLT qualifications
through PLT courses, conducted by PLT providers, rather than through serving a period as
an articled clerk, to which service the Standards did not apply. In other jurisdictions,
instead of articles, intending legal practitioners can chose either to undertake a PLT
course or to engage in Supervised Workplace Training in a legal office. In one jurisdiction,
intending practitioners still undertake articles but also are required to undertake a
program of assessment conducted by a PLT provider, to assess whether they have
attained each of the prescribed competencies. Whichever form of PLT is now followed, all
intending practitioners are required to demonstrate that they have attained prescribed
competence in the Skills, Practice Areas and Values summarised in item 3 set out in detail
in item 5 below.
Another significant change is that, since 2000, all jurisdictions other than the ACT have
developed means of accrediting and monitoring PLT courses and the performance of PLT
providers.3 In those jurisdictions which allow SWT, means of approving and monitoring
the performance of SWT providers are also being developed.
Such procedures enhance the possibility that entry-level lawyers will all have attained the
various competencies prescribed by, or pursuant to, this document.
1                LACC's Charter is approved by the Council of Chief Justices which also appoints its Chairman. LACC is not, however,
a committee of the Council, nor does it act on the Council's behalf
2                The recommended Standards were drafted in the light of the National Competency Standards Policy and Guidelines,
National Training Board, Canberra ,1991 and Heywood, Gonczi and Hager, A Guide to the Development of
Competency Standards for Professions, Department of Employment, Education and Training, Canberra, 1992.
3                In 2013, the Victorian Council of Legal Education adopted a revised version of its Standards for PLT Courses and
Providers, which was initially prepared to assist in accrediting and monitoring PLT Courses and Providers. The Standards have been endorsed by both APLEC and LACC. LACC has also commended the Standards to all Admitting
Authorities.
2.           INTERPRETATION

2.1 Definitions
In this document:
Admitting Authority means the body responsible in a jurisdiction for approving the
content of either or both of PLT courses and SWT.
applicant means applicant for admission to the legal profession.
PLT means Practical Legal Training.
PLT course means a PLT course approved by an Admitting Authority, conducted by a PLT
provider.
PLT provider means a body authorised by an Admitting Authority to provide a PLT course
in that jurisdiction.
programmed training means structured and supervised training activities, research and
tasks, each with comprehensive assessment.
SWT means supervised workplace training and includes articles of clerkship.
SWT provider means a body providing SWT in a jurisdiction.
workplace experience means supervised employment in a legal office, or supervised
paid or unpaid placement in a law or law-related work environment.
2.2 Interpretation of Item 5
The following principles apply when interpreting item 5.

(a) An Element describes a relevant competence that an applicant is required to
demonstrate in relation to the relevant prescribed Skill, Practice Area or Value.

(b) A Performance criterion sets out an activity by reference to which an applicant's
achievement of an appropriate level of competence in the corresponding Element
may be demonstrated. An applicant may, however, demonstrate the requisite
achievement in relation to an Element:

(i) by attaining some, but not all, of the relevant Performance criteria
nominated in item 5 for that Element; and
(ii) by attaining equivalent Performance criteria in the course of undertaking
another Practice Area set out in item 5.

(c) Where a Performance criterion refers to an action which can only be performed by a
person who has both been admitted to the legal profession and holds a practising
certificate, the requisite competency may be demonstrated by satisfactorily
completing a s imulated exercise offered, and assessed in accordance with item
4.5(a), by a PLT provider or SWT provider.

(d) Where a Performance criterion provides for a competency to be demonstrated by
observing something:

(i) the entry-level lawyer must document in writing and critically evaluate what
has been observed; and
(ii) the resulting record must be assessed by the relevant PLT provider or SWT
provider in accordance with item 4.5(a),

before the relevant Performance criterion can be satisfied.

(e) The expression of particular Elements, Performance criteria or Explanatory Notes in
relation to a Skill, Practice Area or Value is not intended either:

(i) to limit the way in which that Skill, Practice Area or Value is taught; or
(ii) to prevent either wider or more detailed training in that Skill, Practice Area or
Value.

3. REQUIREMENTS FOR APPLICANTS FOR ADMISSION

3.1 Required Competencies

(a) Every applicant is required to satisfy the Admitting Authority that the applicant has
achieved the prescribed competence in the Skills, Compulsory and Optional Practice
Areas and Values set out in item 5 and summarised as follows:
Skills
Lawyer's Skills
Problem Solving
Work Management and Business Skills
Trust and Office Accounting
Compulsory Practice Areas
Civil Litigation Practice
Commercial and Corporate Practice
Property Law Practice
Optional Practice Areas
Subject to paragraph (b), any two of:
Administrative Law Practice
Banking and Finance
Criminal Law Practice
Consumer Law Practice
Employment and Industrial Relations Practice
Family Law Practice
Planning and Environmental Law Practice
Wills and Estate Practice.

Values
Ethics and Professional Responsibility

(b) Paragraph (a) applies to every applicant who has undertaken PLT in Australia,
whether by completing a PLT course, undertaking SWT, or any combination thereof
approved by the relevant Admitting Authority.

3.2 When PLT may be commenced

(a) An applicant may commence PLT:
(i) in the case of SWT, only after the applicant has completed an academic
qualification in law, leading to admission to the legal profession;
(ii) in the case of a PLT course that is not integrated with the applicant's
academic qualification in law, only after the applicant has completed an
academic qualification in law leading to admission to the legal profession,
unless the applicant has no more than two academic subjects to complete:

(A) neither of which is one of the Academic Requirements for admission;
and

(B) for which the applicant must be enrolled while undertaking the PLT
course,
and the applicant has received the prior permission of the Admitting
Authority to commence the PLT course.

(b) Despite paragraph (a), an applicant may undertake an integrated program of
academic study and PLT that:

(i) requires the equivalent of three years' full-time academic study of law, apart
from the time required to undertake the PLT components of the program;
and
(ii) has been recognised by the relevant Admitting Authority for the purposes of
preparing students for admission to the legal profession.

4. REQUIREMENTS FOR EACH FORM OF PLT

4.1 Programmed training and workplace experience
PLT must comprise both programmed training and workplace experience as follows:

(a) subject to paragraph (d), in the case of a graduate diploma:
(i) programmed training appropriate to such a diploma4; and
(ii) the equivalent of at least 15 days' workplace experience;

(b) subject to paragraph (d), in the case of a training course other than a graduate
diploma, the equivalent of at least 900 hours' duration, comprising:

(i) at least 450 hours of programmed training; and
(ii) at least 15 days' workplace experience;
(c) in the case of SWT the equivalent of at least 12 months' full-time work which
includes a minimum of at least 90 hours' programmed training.
For the purposes of paragraphs (a) an d (b), one day comprises seven working
hours.

4.2 Common requirements
The requirements in items 4.3 to 4.6 apply to both PLT courses and SWT.
4 Equivalent to a Level 8 qualification under the Australian Qualifications Framework.
4.3 Level of training
PLT must be pr ovided at a level equivalent to post-graduate training5 and build on the
academic knowledge, skills and values about the law, the legal system and legal practice
which a graduate of a first tertiary qualification in law should have acquired in the course
of that qualification.
4.4 Qualification of instructors and supervisors
A person instructing or supervising an applicant while acquiring competence in any Skill,
Practice Area or Value must:

(a) either have substantial current or recent experience in practising law; or
(b) have comparable relevant qualifications or experience; and
(c) comply with any other relevant legislative or regulatory requirements in the
relevant jurisdiction.

4.5 Assessment of applicants

(a) Each form of PLT must employ comprehensive methods, appropriate to post-
graduate training, of:
(i) assessing an applicant's competence; and
(ii) certifying whether or not an applicant has demonstrated the requisite level
of competence,

in each relevant Skill, Practice Area and Value.

(b) Wherever practicable, an applicant's competence in any Practice Area should be

assessed in a way that allows the applicant, at the same time, to further develop
and to demonstrate competence in, relevant Skills and Values.

4.6 Resilience and well-being
All PLT providers and SWT providers should:

(a) make applicants aware of the importance of personal resilience in dealing with the
demands of legal practice;

(b) provide applicants with appropriate access to resources that will help them develop
such resilience;

(c) provide applicants with information about how and where to seek help in
identifying mental health difficulties and in dealing with their effects;

(d) make applicants aware of the benefits of developing and maintaining personal well-
being in their professional and personal lives; and

(e) provide applicants with information about how and where to find resources to help
them develop and maintain such well-being.

5 That is, at a level appropriate for at least a Level 8 qualification under the Australian Qualifications Framework.
5. COMPETENCY STANDARDS
Item 2.2 sets out particular principles of interpretation that apply to items 5.1 – 5.16.

5.1 Administrative Law Practice

Descriptor: An entry-level lawyer who practises in administrative law should be able
to:

(a) obtain information for clients under freedom of information
legislation and otherwise;

(b) seek review of administrative decisions; and
(c) represent parties before courts and administrative tribunals.

Element Performance criteria
The lawyer has competently:
1. Obtaining information

• identified whether "freedom of information" or "right
to information" legislation applies to the situation.

• identified the specific legislation under which the
information may be obtained.
• taken the steps required under that legislation.
• identified and taken any other practical steps required
to obtain the information.

2. Obtaining review of • concluded correctly that the decision may be

administrative reviewed.
decisions

• identified and advised the client, or participated in or
observed discussions with the client about, alternative
means of obtaining a review.
• completed all preparation required by law, good
practice and the circumstances of the matter.
• represented the client effectively at, or participated in
or observed, any mediation, hearing or other review
forum, where this is appropriate and permitted.
• identified all alternative means of obtaining redress
and discussed them with the client.

3. Representing a client • completed all preparation required by law, good
practice and the circumstances of the matter.
• represented the client effectively at, or participated in
or observed, any mediation, hearing or other
proceeding, where this is appropriate or permitted.
Explanatory notes
This competency standard applies to both State and Federal administrative law and practice and to
proceedings before both State and Federal courts and tribunals.
In the Performance criteria for Elements 2 and 3, "preparation" includes drafting written submissions.

5.2 Banking and finance

Descriptor: An entry-level lawyer who practises in Banking and Finance should be able
to demonstrate competence in advising clients on some of the common
ways to finance commercial transactions and they should be able to
demonstrate competence in drafting simple loan agreements and
associated security documents, and in taking the actions required to
perfect those securities.

Element Performance criteria
The lawyer has competently:

1. Preliminary • identified one or more ways of financing a

investigation borrower’s proposal and identified the securities
available to a financier in the situation

• undertaken any necessary preliminary searches
and inquiries to investigate issues of ownership,
title and the capacity of any party to enter into
the proposed financial arrangement
• identified any consents to, or notifications of,
the proposed financial arrangement required by
existing financial or contractual arrangements
• identified any requirements imposed on the
financier by law in respect of the proposed
financial arrangement.

2. Planning • planned the steps to be taken to effect the
proposed the arrangement including identifying
and recording any critical dates, identifying any
necessary searches and inquiries and identifying
the required documentation
3. Documentation • drafted the relevant loan and security
documents
• informed the borrower of their obligations in
relation to the arrangement including any
personal obligations under any guarantees
• complied with any legislative requirements
relating to the proposed arrangement

4. Due Diligence • undertaken any further searches and inquiries
required and advised the client what experts
need to be engaged for due diligence
(accountants etc.)
5. Finalisation • had the transaction documentation executed,
and (if necessary) stamped and registered
according to law and good practice.

Explanatory Note
An entry-level lawyer may not demonstrate competence in this elective practice area by submitting
the same or similar work, to work that the entry-level lawyer submits to demonstrate competence in
the Commercial and Corporate Practice area.

5.3 Civil Litigation Practice

Descriptor: An entry-level lawyer should be able to conduct civil litigation in first
instance matters in at least one State or Territory court of general
jurisdiction, in a timely and cost-effective manner.

Element Performance criteria
The lawyer has competently:
1. Assessing the merits

• assessed the strengths and weaknesses of both the claimant's

of a case and and opponent's cases.
identifying dispute

• identified the facts and evidence required to support the

resolution alternatives

claimant's case.

• advised the client of relevant rights and remedies in a way
that a reasonable client could understand.
• identified means of resolving the case, having regard to the
client’s circumstances.
• where possible, confirmed in writing any instructions given by
the client in response to initial advice.
• identified and complied with the relevant limitation period.

2. Advising on costs of • identified any litigation funding options and a means of

litigation reducing or recovering costs.

• identified alternative types of costs orders and how they may
be affected by formal and informal offers of compromise and
the manner of conducting the litigation.
• advised the client of relevant cost considerations in a way that
a reasonable client could understand.

3. Initiating and • identified an appropriate claim or defence.
responding to claims

• identified a court of appropriate jurisdiction.
• identified the elements of the claim or defence, according to
law.
• followed procedures for bringing the claim or making the
defence in accordance with the court’s rules and in a timely
manner.
• drafted all necessary documents in accordance with those
procedures.

4. Taking and responding • identified any need for interlocutory steps, according to the

to interlocutory and court’s rules.
default proceedings

• followed procedures for taking those steps in accordance with
the court’s rules and in a timely manner.
• drafted all necessary documents in accordance with those
procedures and rules.

5. Gathering and • identified issues likely to arise at the hearing.
presenting evidence

• identified evidence needed to prove the client's case or
disprove the opponent's case, according to the rules of
evidence.
• identified various means of gathering evidence, and used at
least one of them to gather evidence.
• presented, or observed the presentation of, that evidence
according to law and the court's rules.

6. Negotiating • Conducted, participated in or observed, settlement

settlements negotiations.

• identified any revenue and statutory refund implications.
• properly documented any settlement reached.

7. Taking action to • Identified available means of enforcing the order or settlement

enforce orders and according to law and the court’s rules.
settlement

• followed procedures relevant to the chosen means of

agreements
enforcement in a timely manner.

Explanatory notes
This competency standard applies to first instance civil litigation in local lower and higher courts of an
Australian State or Territory, having general jurisdiction, and in the Federal Court.
In the Performance criteria for Element 1, "means of resolving a case" includes:

• negotiation;
• mediation;
• arbitration;
• litigation;
• expert appraisal.
In the Performance criteria for Element 5, "means of gathering evidence" includes:

• statements from witness;
• notices to admit;
• discovery;
• subpoena;
• expert reports;
• certified official records, banker's books and similar documents.
In the Performance criteria for Element 5, reference to presenting evidence includes presenting
evidence:

• orally on oath;
• by affidavit;
• by video or telephone link.
In the Performance criteria for Element 7, "means of enforcement" includes:

• execution process including attachment of debts;
• taxation or assessment of costs;
• oral examination.

5.4 Commercial and Corporate Practice

Descriptor: An entry-level lawyer should be able to:

(a) conduct standard commercial transactions such as the sale and
purchase of a small business;

(b) understand the relevant risks associated with such a transaction for
both parties;

(c) set up simple business structures using entities such as companies,
trusts and partnerships;

(d) provide basic advice on finance and securities and on the
obligations of companies and their officers; and

(e) appreciate the type of advice needed to assess the revenue
implications of standard commercial transactions.

Element Performance criteria
The lawyer has competently:

1. Conducting • identified the nature of the transaction.
commercial
• undertaken sufficient searches and inquiries to
transactions
investigate any relevant issues of title to real or
personal property.
• drafted documents, had them executed, and (if
necessary) certified, stamped and registered,
according to law and good practice.
• obtained or given any necessary consents to, or
notifications of, the transaction required by law.

2. Setting up commercial • selected a structure that will achieve the client’s

structures objectives.

• drafted all documents required to set up the
structure (including establishing any discrete
entities that will form part of the structure).
• had the documents executed and (if necessary)
certified, stamped and registered, according to law
and good practice.
• informed the client of any continuing obligations in
relation to the structure, and, where the structure
involves a corporation, of the continuing
obligations of the company and its officers.

3. Dealing with loans and • identified one or more types of financial

securities arrangements and securities available to the
borrower and lender.

• informed the borrower and lender of their
immediate, continuing, and potential liabilities
under any proposed financing and security
arrangements.
• drafted loan or security documents which reflect
the agreement between lender and borrower.
• had the loan or security documents executed and
(if necessary) stamped and registered, according
to law and good practice.

4. Advising on revenue • identified in a general way the possible revenue

law and practice implications of the client’s proposed commercial
venture or arrangement.

• referred the client to experts for more comprehensive
or detailed advice, where appropriate.

Explanatory notes
In Element 2, " structure" includes:

• basic trusts;
• private companies;
• partnerships;
• joint ventures;
• franchise arrangements.
In Element 3, "securities" includes:

• personal property security agreements;
• chattel leases;
• loans agreements;
• guarantees, including guarantees from spouses.
In the Performance criteria for Element 4, "revenue implications" includes:

• stamp duties;
• income tax;
• capital gains tax;
• GST;
• fringe benefits tax;
• land and property taxes.

5.5 Consumer Law Practice

Descriptor: An entry-level lawyer who practises in consumer law should be able to:

(a) advise clients on the procedures and remedies available in relation
to consumer protection complaints and disputes; and

(b) represent the client in any related negotiations or proceedings.

Element Performance criteria
The lawyer has competently:

1. Obtaining information • identified the consumer protection complaint or
dispute as one to which consumer protection
legislation applies.
• identified the relevant legislation and any
applicable case law.
• identified any possible common law remedies.
2. Drafting documents • drafted any documents required, in accordance
with the client’s instructions and the relevant
legislation.
3. Initiating and • identified the appropriate forum for initiating or

responding to claims responding to a claim.

• initiated a claim or taken action to oppose a claim
in accordance with the rules and procedures of the
relevant court or tribunal, in a timely manner.
• obtained all necessary evidence and drafted all
necessary documents in accordance with those
rules.

4. Representing the • identified all possible means of resolving the consumer

client protection complaint or dispute to the satisfaction of
the client; and discussed them with the client, or
participated in or observed, such discussions.

• completed all necessary preparation in accordance with
the law, good practice and the circumstances of the
matter.
• represented the client effectively at, or participated in
or observed, any negotiation, mediation, hearing or
other proceedings.

5. Taking action to • documented any order or settlement properly and

implement outcomes explained it to the client in a way which a reasonable
client could understand.

• identified any procedures necessary to enforce the
order or settlement and implemented them in a timely
manner.

Explanatory notes
This competency standard applies to the practice of consumer law under both State and Federal
consumer protection legislation and codes.
In the Performance criteria for Element 1, "consumer protection dispute" includes a dispute relating
to:

• competition and consumer legislation;
• misleading and deceptive conduct;
• motor car traders;
• domestic building contracts;
• consumer credit;
• guarantees;

• residential tenancies.
In the Performance criteria for Element 1 "consumer protection legislation" includes State and Federal
legislation and codes concerning:

• competition and consumer law;
• misleading and deceptive conduct;
• motor car traders;
• domestic building contracts;
• consumer credit;
• residential tenancies.
In the Performance criteria for Element 3, "court or tribunal" includes:

• Federal courts;
• State courts;
• statutory tribunals;
• industry complaint panels;
• industry ombudsmen.

5.6 Criminal Law Practice

Descriptor: An entry-level lawyer who practises in criminal law should be able to
advise clients before arrest, seek bail, make pleas, participate in minor
contested hearings and assist in preparing cases for trial.

Element Performance criteria
The lawyer has competently:

1. Providing advice • identified the client’s legal rights and legal powers
of the police or other prosecutors or investigators
in relation to a criminal matter.
• informed the client of those rights and powers in a
way that a reasonable client could understand.
• identified the legal elements of any offence with
which the client is charged.
• where possible, confirmed in writing any
instructions given by the client in response to initial
advice.
• implemented the client's instructions, when it is
appropriate in the circumstances to do so.
2. Applying for bail • identified the client’s options and communicated
them to the client in a way a reasonable client
could understand.
• helped the client to make an informed decision
about which option to select.
• made, or been involved in the process of making,
or observed, an application for bail or taken other
action effectively in the circumstances.
• fully advised the client of any bail conditions.
3. Making pleas • identified the client’s options and communicated
them to the client in a way a reasonable client
could understand.
• identified and gathered all material useful to the
plea, according to law and good practice.
• presented, or been involved in the process of
presenting, or observed the presentation of, the
plea in an effective and persuasive manner, having
regard to the circumstances of the case.
• advised the client fully of the outcome in a way a
reasonable client could understand.
4. Representing a client • completed all preparation required by law, good

in minor matters practice and the circumstances of the case.

• represented, or been involved in representing the
client, or observed the client being represented,
effectively at a contested hearing.

5. Assisting to prepare • identified and gathered the evidence needed to

cases for trial support the client’s case.

• identified and briefed, or been involved in briefing,
appropriate experts (including counsel) having
regard to good practice and the requirements of
the case.

Explanatory notes
In the Performance criteria for Element 1, "criminal matter" includes:

• traffic offences;
• domestic violence and apprehended violence orders;
• drink driving;
• drug offences.

5.7 Employment and Industrial Law

Descriptor: An entry-level lawyer who practices in the area of employment and
industrial relations should be able to:

(a) advise clients on the relevant law and procedures:

(b) represent clients in negotiations; and
(c) initiate and respond to applications in relevant State and Federal
courts and tribunals.

Element Performance criteria
The lawyer has competently:

1. Assessing the merits • identified the relevant facts.
of the dispute and
• assessed the strengths and weaknesses of the dispute
identify the dispute
resolution alternatives according to the relevant law.
• identified all means of resolving the dispute, having
regard to the client’s circumstances.

2. Advising client on • advised the client of means of avoiding a dispute,

procedures where appropriate.

• advised the client of available steps to strengthen the
client’s position.

3. Commencing • explored opportunities for a negotiated settlement,

negotiations subject to the client's instructions.

• represented, or been involved in representing, the
client, or observed the client being represented,
effectively at any negotiations.

4. Initiating and • identified the appropriate jurisdiction.
responding to
• initiated or opposed, or been involved in initiating or
proceedings
opposing, a claim or observed the initiation or
opposition of a claim, in accordance with the rules of
the relevant court or tribunal, in a timely manner.
• obtained all necessary evidence and drafted all
necessary documents in accordance with those rules.

5. Representing the • completed all preparation required by law, good

client practice and the circumstances.

• represented, or been involved in representing the
client, or observed the client being represented,
effectively at any mediation, hearing or other forum.

6. Taking action to • properly documented any order or settlement and

implement outcomes explained it to the client in a way which the client can
understand.

• identified and implemented, or been involved in
identifying and implementing, any procedures required
to enforce the order or settlement.

Explanatory notes
This competency standard applies to the practice of employment and industrial relations law at both
State and Federal levels.
In the Performance criteria for Elements 1 and 2, "dispute" includes:

• award negotiations;
• an industrial dispute relating to an individual employee or to a workplace or industry;
• an equal employment opportunity or anti-discrimination claim;
• a claim for unfair dismissal.
In the Performance criteria for Element 1, "means of resolving the dispute" includes:

• negotiation;
• mediation;
• conciliation;
• arbitration;
• litigation.
In the Performance criteria for Element 3, "means of avoiding a dispute" and "steps to strengthen the
client’s position" include:

• altering internal employment practices and procedures;
• revising employment contracts;
• entering or revising enterprise bargaining agreements;
• altering individual employment contracts;
• taking disciplinary proceedings;
• allowing industrial representation.

5.8 Ethics and Professional Responsibility

Descriptor: An entry-level lawyer should act ethically and demonstrate professional
responsibility and professional courtesy in all dealings with clients, the
courts, the community and other lawyers.

Element Performance criteria
The lawyer has competently:
1. Acting ethically

• identified any relevant ethical dimension of a particular

situation.

• taken action which complies with professional ethical
standards in that situation.

2. Knowing when to raise • identified circumstances in which matters relating to

ethical problems with the ethical conduct of legal practice should be brought
others to the attention of others.

• identified with whom different matters of this type
should be raised (for example, employers, professional
associations, legal services boards, police).
• learned about relevant protocols, institutional
procedures and difficulties, associated with raising such
matters with others.

3. Discharging the legal • identified any duty or obligation imposed on the lawyer

duties and obligations by law in a particular situation.
of legal practitioners

• discharged that duty or obligation according to law and
good practice.

4. Complying with • identified any applicable rules of professional conduct.
professional conduct
• taken action which complies with those rules.
rules

5. Complying with • recognised and complied with any fiduciary duty,

fiduciary duties according to law and good practice.

6. Avoiding conflicts of • identified any potential or actual conflict, as soon as is

interest reasonable in the circumstances.

• taken effective action to avoid a potential conflict or,
where a conflict has already arisen, dealt with it in
accordance with law and good practice, or been
involved in the process of doing one or more of those
things.
• taken, or been involved in the process of taking,
appropriate action, where applicable, to prevent such a
conflict arising in the future.

7. Acting courteously • demonstrated professional courtesy in all dealings with
others.
8. Complying with rules • identified any rules applying to charging professional

relating to the fees.
charging of fees

• complied with those rules, where they are relevant.
• maintained file notes and records in accordance with
law and good practice.

9. Being aware of the • recognised the importance of pro bono contributions to

importance of pro legal practice.
bono contributions

• identified various means whereby lawyers may provide
pro bono contributions.
• where necessary, used resources provided by
professional or community organisations to facilitate
pro bono contributions;
• identified when a client with insufficient resources may
be entitled to legal aid, or assistance from professional
or community organisations.

Explanatory notes
The purpose of this standard is to assist entry-level lawyers to adopt ethical habits in legal practice to
ensure that they effectively and appropriately discharge their obligations to the Court, to the legal
profession and to clients by:

• acting ethically;
• observing general and statutory law relating to the duties and obligations of legal
practitioners;
• observing written and unwritten rules of professional conduct; or
• observing written and unwritten rules of professional courtesy.

In the Performance criteria for Element 2, "duty or obligation" includes the duties and obligations:

• of confidentiality;
• to maintain competence;
• to act honestly;
• not to mislead the court;
• not to pervert the course of justice or the due administration of justice.
In Element 5, "conflicts of interest" include conflicts between:

• joint venture partners;
• directors and shareholders of a company;
• trustees and beneficiaries in a family trust;
• parties to any transaction where the interests of the parties may differ.

5.9 Family Law Practice

Descriptor: An entry-level lawyer who practises in family law should be able to:

(a) advise and take action in relation to p arenting matters, property
settlements, spouse maintenance and child support problems;

(b) identify appropriate dispute-resolution processes for such matters,
in the light of the client's circumstances and concerns; and

(c) advise clients on pre-action procedures.

Element Performance criteria
The lawyer has competently:

1. Advising on matters • elicited information necessary to identify the client's

relating to children options.
and property

• informed the client of all relevant available options,
in a way that a reasonable client could understand.
• identified any pre-action procedures that apply to
the matter.
• taken any steps necessary to enable the client to
obtain access to those procedures.

2. Representing a client • prepared, or been involved in preparing, or

in matters relating to observed the preparation of, either an application
children and property for interim, final or consent orders relating to a
matter concerning children or property, or a
response to such an application.

• pursued, or been involved in the pursuit of, the case
in accordance with good practice for the chosen
dispute resolution process.
• identified and explained, or been involved in
identifying and explaining, to the client the revenue
implications of any proposed settlement.
• documented and acted upon, or been involved in
documenting and acting upon, any results of the
chosen dispute resolution process, in accordance
with law and good practice.

Explanatory notes
This competency standard applies to children and property matters arising from the breakdown of
marriages or other domestic relationships, rather than the dissolution of marriage. It includes:

• responsibility for parenting, including residence of and contact with, children;
• property settlements;
• spouse maintenance;
• child support;
• domestic violence orders;
• injunctions and sole-use orders;
• de facto proceedings.

5.10 Lawyer's Skills

Descriptor: An entry-level lawyer should be able to demonstrate oral communication,
legal interviewing, advocacy, negotiation, dispute resolution, letter-writing
and drafting skills.

Element Performance criteria
The lawyer has competently:
1. Communicating

• identified the purpose of a proposed communication,

effectively the most effective way of making it, and the content of
the proposed communication.

• presented thoughts, advice, and submissions in a
logical, clear, succinct and persuasive manner, having
regard to the circumstances and the person or forum
to whom they are made.

2. Cross-cultural • identified and appropriately dealt with verbal and

awareness non-verbal aspects of cross-cultural communication.

• taken any follow-up action in accordance with good
practice.
• demonstrated awareness of difficulties of
communication attributable to cultural differences;
their possible effect on a client's dealings with lawyers,
the police, courts, government and legal agencies; and
the desirability of cross-cultural communications
training for all lawyers.

3. Interviewing clients • prepared for the interview properly, having regard to
relevant information available before the interview
and all known, relevant circumstances.
• conducted, participated in conducting or observed, the
interview, using communication techniques
appropriate to both the client and the context.
• ensured that the client and lawyer have both obtained
all the information which they wanted from the
interview in a timely, effective and efficient way,
having regard to the circumstances.
• ensured that the lawyer and client left the interview
with a common understanding of the lawyer’s
instructions (if any) and any future action that the
lawyer or client is respectively to take.
• made a record of the interview that satisfies the
requirements of law and good practice.
• taken, or participated in taking, any follow-up action in
a timely manner.
4. Writing letters • identified the need for, and purpose of, the letter.
• written the letter in plain English that conveys its
purpose clearly and could be understood by the person
to whom it is sent, acting reasonably.
5. Drafting other • identified the need for, and purpose, of the document.
documents

• devised an effective form and structure for the
document having regard to the parties, the
circumstances, good practice, plain English principles
and the relevant law.
• drafted the document effectively having regard to the
parties, the circumstances, good practice, plain English
principles, and the relevant law.
• considered whether the document should be settled by
counsel.
• taken every action required to make the document
effective and enforceable in a timely manner and
according to law (such as execution by the parties,
stamping, delivery and registration).

6. Negotiating • prepared, or participated in the preparation of the

settlements and client’s case properly having regard to the
agreements circumstances and good practice.

• identified the strategy and tactics to be used in
negotiations and discussed them with and obtained
approval from the client, or been involved in or
observed that process.
• carried out, been involved in or observed, the
negotiations effectively having regard to the strategy
and tactics adopted, the circumstances of the case and
good practice.
• documented any resolution as required by law or good
practice and explained it, or been involved in the
process of explaining it, to the client in a way a
reasonable client could understand.

7. Facilitating early • identified the advantages and disadvantages of

resolution of disputes available dispute resolution options and explained
them to, or been involved in explaining them to, the
client.

• performed in the lawyer’s role, or been involved in or
observed that performance, in the dispute resolution
process effectively, having regard to the
circumstances.
• documented any resolution as required by law or good
practice and explained it, or been involved in
explaining it, to the client in a way a reasonable client
could understand.

8. Representing a client • observed the etiquette and procedures of the forum.
in a legal forum

• organised and presented in an effective, strategic way:

− factual material;
− analysis of relevant legal issues; and
− relevant decided cases.
• presented and tested evidence in accordance with the
law and good practice.
• made submissions effectively and coherently in
accordance with law and good practice.

Explanatory notes
Assessment of competence for this standard should require the entry-level lawyer to synthesise or
combine the above skills and apply them in one or more specific legal contexts.
In the Performance criteria for Element 2, "difficulties of communication attributable to cultural
differences" includes difficulties of communication encountered by Indigenous people.
In the Performance criteria for Element 7, "dispute resolution options" includes:

• negotiation;
• mediation;
• arbitration;
• litigation;
• expert appraisal.
In Element 8, "Representing" refers to appearing, being involved in appearing, or observing another
appearing, on behalf of a client in a court, tribunal or other legal forum on a matter, including:

• an aspect of preliminary or pre-trial civil or criminal proceedings;
• an aspect of first instance trial advocacy in a simple matter;
• leading evidence-in-chief, cross-examination and re-examination; and
• making submissions.

5.11 Planning and Environmental Law Practice

Descriptor: An entry-level lawyer who practises in planning and environmental law
should be able to:

(a) advise, and generally assist, clients on the relevant law and
planning process;

(b) apply for approvals and consents under relevant planning
legislation;

(c) object to applications; and
(d) initiate or defend planning or environmental actions.

Element Performance criteria
The lawyer has competently:

1. Assessing the merits • obtained full instructions from the client.
of the matter and
• analysed the facts in accordance with the relevant law.
advising the client
• obtained and clarified any relevant technical
information.
• advised, or been involved in advising, the client of any
rights and obligations of the client and potential
penalties if obligations are not observed.
• identified, or been involved in identifying, all options
and developed a plan of action in accordance with the
client’s instructions.
• alerted, or been involved in alerting, the client to the
need to identify the commercial, political and public
relations implications of any proposed action.

2. Preparing planning • identified and analysed relevant provisions of the

applications or appropriate planning scheme.
objections

• identified any appropriate grounds of objection.
• prepared either an application for development or
other planning approval, or an objection to such an
application.
• identified any need to obtain plans or other
information.

3. Initiating or • identified the appropriate forum for initiating or

responding to responding to a claim.
environmental claims

• initiated or opposed, or been involved in initiating or
opposing, a claim in accordance with the rules of the
relevant court or tribunal, in a timely manner.
• obtained all necessary evidence and drafted all
necessary documents in accordance with those rules.

4. Representing the • identified appropriate means of resolving the matter to

client in resolving a the satisfaction of the client and discussed them, or
planning matter or been involved in discussing them, with the client.
environmental claim

• completed all preparation required by law and good
practice.
• represented, or been involved in representing, or
observed the representation of, the client effectively in
any negotiation, mediation, hearing or other
proceedings.

5. Implementing

• properly documented any order or settlement and

outcomes
explained, or been involved in explaining it to the client
in a way which a reasonable client could understand.

• identified and carried out any procedures to enforce
the order or settlement in a timely manner.

2. Analysing law • identified any questions of law raised by the matter.
• researched those questions of law properly, having
regard to the circumstances.
• identified and interpreted any relevant statutory
provisions and applied them appropriately to the facts.
3. Providing legal advice • applied the law to the facts of the matter in an
appropriate and defensible way.
• given, or been involved in giving, the client advice in a
way which a reasonable client could understand.
• identified any developments that might affect the
accuracy of previous advice and told, or been involved
in telling, the client about the effect of those
developments.
4. Generating solutions • identified the problem and the client’s goals as fully as

and strategies is practicable.

• investigated the facts and legal issues as fully as is
practicable.
• developed creative options and strategies to meet the
client’s objectives.
• identified the advantages and disadvantages of
pursuing each option or strategy.
• assisted, or been involved in assisting, the client to
choose between those options in a way consistent with
good practice.
• developed a plan to implement the client’s preferred
option.
• acted, or been involved in acting, to resolve the
problem in accordance with the client’s instructions and
the lawyer’s plan of action.
• remained open to new information and ideas and
updated advice to the client where necessary.

Explanatory notes
In Element 2, "Analysing law" includes:

(a) researching legal issues by using:

• law libraries;
• on-line searches;
• electronic data bases;
• legal citators and digests; and
(b) applying principles of precedent and statutory interpretation.

5.13 Property Law Practice

Descriptor: An entry-level lawyer should be able to:

(a) convey, lease and mortgage real property; and
(b) provide general advice on standard matters arising under local
government, planning, environmental or other legislation relating to
land use in the relevant State or Territory.

Element Performance criteria
The lawyer has competently:

1. Transferring title • identified the nature of the interest being dealt
with, pursuant to the pre-eminent title system
in the relevant jurisdiction.
• prepared, commented on and advised, or been
involved in advising, on an appropriate contract
of sale or other type of agreement for
transferring the relevant interest in land; and
had it executed according to law and good
practice.
• undertaken sufficient searches and inquiries to
investigate title, any issues about land use and
responsibility for outgoings.
• drafted an appropriate instrument of transfer or
conveyance and had it executed and (if
necessary) stamped and registered, according
to law.
• obtained or given any consents to, or
notifications of, the transfer or conveyance,
according to law.
• arranged for the instrument to be executed and
(if necessary) stamped and registered, as
required by law.
2. Creating leases • made and obtained all searches and consents
required by law and good practice.
• drafted, commented on and advised, or been
involved in advising, on a lease in a form
allowed by law, reflecting the agreement
between lessor and lessee and protecting their
respective interests.
• arranged for the lease to be executed and (if
necessary) stamped and registered, according
to law.
3. Creating and • made and obtained all searches and consents

releasing mortgages required by law and good practice.

• drafted, commented on and advised, or been
involved in advising, on an effective instrument
to create or release the security, reflecting the
agreement between the grantor and grantee
and protecting their respective interests.

4. Advising on land use • identified any planning scheme or other
statutory provisions regulating the relevant use.
• Advised, or been involved in advising, the client
generally about processes to be followed to
obtain permission for, or to object to the use, as
the case requires.
5. Advising on revenue • identified the revenue implications of any

implications transaction and advised, or been involved in
advising, the client accordingly.

Explanatory notes
In Element 1, "Transferring title" refers to title pursuant to the pre-eminent title system in the
relevant jurisdiction.
In the Performance criteria for Element 1, "contract of sale" includes a contract of sale subject to
special conditions.
In Element 2, "Creating leases" refers to residential tenancies or leases and standard commercial
leases.
In Element 3, "mortgages" includes any other relevant security over land.
In Element 4, "Advising on land use" includes advising on issues relating to:

• town planning schemes;
• local government by-laws;
• environment and heritage legislation
• revenue and tax legislation.

5.14 Trust and Office Accounting

Descriptor: An entry-level lawyer should have sufficient knowledge, skills and values to
maintain trust and general account records according to law and good
practice, to the extent usually permitted and expected of an employed
solicitor: See Explanatory notes below.

Element Performance criteria
The lawyer has competently:

1. Understand relevant • identified and applied:
fiduciary and other
duties general law fiduciary and other duties;
codified duties;
duties to supervise and report in relation to tr ust
monies; and
duties and obligations of maintaining a trust account.

2. Receiving money • dealt with money received from or on behalf of a
client, as required by law and good practice.
• where the law and good practice requires money to be
deposited in a trust account or general account,
recorded the deposit as required by law and good
practice.
• issued any receipt required by law and good practice.
3. Making outlays • made any outlay from the correct account, according
to law and good practice.
• recorded the outlay as required by law and good

practice.

4. Rendering costs • demonstrated an ability to comply with regulations
relating to disclosure of costs and a client's rights
relating to costs.
• calculated the costs in accordance with law, good
practice and any agreement between the lawyer and
client.

• added to the bill all outlays made by the firm for
which the client is responsible.
• accounted to the client for any money received from
the client on account of co sts and outlays, as
required by law and good practice.
• drafted the bill and delivered it in accordance with law
and good practice.

Explanatory notes
This competency standard applies to trust and general accounting and to rendering bills of costs. It
requires a general knowledge of solicitors’ trust account law and practice and costs regulation in the
relevant jurisdiction and an understanding of the general principles of maintaining trust and office
records.

5.15 Wills and Estates Practice

Descriptor: An entry-level lawyer who practises in wills and estates should be able to
draft wills, administer deceased estates and take action to solve problems
about wills and estates.

Element Performance criteria
The lawyer has competently:

1. Drafting wills • advised the client of issues, options, and potential
problems that might arise in respect of the client’s
testamentary intentions.
• obtained instructions reflecting the client’s informed
and independent wishes, which can be effectively
implemented.
• drafted a will reflecting the client’s instructions.
• identified any issues of testamentary capacity and
resolved them in accordance with law and good
practice.
• ensured that the client executed the will in
accordance with law.
• given any necessary follow up advice to the client.
2. Administering • obtained a grant of probate or letters of

deceased estates administration where required.

• identified the debts and assets of the estate.
• gathered in the estate or transferred or transmitted
assets directly to beneficiaries, as appropriate,
having regard to the law, good practice, and the
circumstances.
• discharged the estate’s debts, distributed specific
gifts and the residue and ensured that the
executors have been released of their obligations in
a timely fashion.

3. Taking action to • identified the nature of the problem properly,

resolve wills and having regard to the law of the jurisdiction.
estates problems

• identified he client’s options for dealing with the
problem, having regard to the law of the particular
jurisdiction and the client’s circumstances.
• explained the options to the client in a way a
reasonable client could understand.
• taken action to resolve the problem in accordance
with the client’s instructions.

Explanatory notes
In the Performance criteria for Element 1, "follow-up advice" includes advice on:

• the effects of marriage on a will;
• the effects of divorce on a will;
• storage options for a will;
• revocation of a will;
• modification of a will;
• associated documents such as enduring powers of attorney.

In Element 3, "wills and estates problems" include problems of:

• testamentary capacity;
• construction;
• validity of the will;
• validity of gifts;
• assets outside the jurisdiction;
• revenue issues;
• family provision;
• mutual wills;
• trusts;
• informal wills;
• testamentary directions.

5.16 Work Management and Business Skills

Descriptor: An entry-level lawyer should be able to manage workload, work habits, and
work practices in a way that ensures that clients’ matters are dealt with in
a timely and cost-effective manner.

Element Performance criteria
The lawyer has competently:

1. Managing personal • used a diary or another system to record time limits

time or deadlines and to assist in planning work.

• identified conflicting priorities as they arise and
managed the conflict effectively.
• used available time effectively, to the benefit of the
lawyer’s clients and employer.

2. Managing risk • conducted each matter in a way that minimises any
risk to the client, lawyer or firm arising from missed
deadlines, negligence or failure to comply with the
requirements of the law, a court or other body.
• recognised the limits of the lawyer's expertise and
experience and referred the client or matter to other
lawyers, counsel or other professionals, as the
circumstances require.
3. Managing files • used a file management system to ensure that work
priorities are identified and managed; clients'
documents are stored in an orderly and secure
manner; and to alert the lawyer to any need to
follow up a matter or give it other attention.
• rendered timely bills, in accordance with law and any
agreement between the lawyer and client, which set
out the basis for calculating the lawyer’s fees.
• accurately recorded all communications and
attendances, with details of dates and times.
4. Keeping client • communicated with the client during the course of

informed the matter as frequently as circumstances and good
practice require.

• confirmed oral communications in writing when
requested by the client or required by good practice.
• dealt with the client’s requests for information
promptly.
• informed the client fully of all important
developments in the matter, in a way which a
reasonable client could understand.

5. Working cooperatively • worked with support staff, colleagues, consultants
and counsel in a professional and cost effective
manner.
6. Self-management • Demonstrated an ability to manage work and
personal issues consistent with principles of
resilience and well-being.
Explanatory notes
The purpose of this standard is to assist entry-level lawyers to adopt good work habits in legal
practice to ensure that:

• clients do not suffer loss or damage from a lawyer missing deadlines or neglecting matters;
• clients are kept informed regularly and fully of the progress of their matters; and
• clients’ matters are dealt with in a cost-effective manner.
Explanatory notes
This competency standard applies to the practice of planning and environmental law under both
common law and State and Federal legislation.
In Element 4, "planning matter or environmental claim" includes:

• an application for, or an application for exemption from the need for, a permit, licence, approval
or other authority;
• an objection, appeal or application for review of a decision, relating to such an application;
• a prosecution for breach of relevant planning or environmental legislation;
• a civil action relating to either or both a planning and environmental matter.

5.12 Problem Solving

Descriptor: An entry-level lawyer should be able to:

(a) investigate and analyse facts and law;
(b) provide legal advice; and
(c) solve legal problems.

Element Performance criteria
The lawyer has competently:
1. Analysing facts and

• identified and collected all relevant facts as far as is

identifying issues practicable.

• analysed the facts to identify any existing or potential
legal issues.
• distinguished relevant facts from other facts, if the
matter so requires.

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Legal Profession Admission Rules 2005 - amendments (2014-864) (NSW)

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(a)	completion, within the previous five years, of a tertiary academic course, whether or not leading to a degree in law, which includes the equivalent of at least three years full-time study of law and which is recognised in at least one Australian jurisdiction as providing sufficient academic training for admission by the Supreme Court of that jurisdiction as a lawyer, and
(b)	completion of courses of study as part of (a), which are recognised in at least one Australian jurisdiction, for the purposes of academic requirements for admission by the Supreme Court of that jurisdiction as a lawyer, as providing
sufficient academic training in the following areas of knowledge:

(a)	which is recognized in at least one Australian jurisdiction as providing sufficient practical training for admission by the Supreme Court of that jurisdiction as a lawyer, and
(b)	which includes evidence of the attainment of competencies in the following areas:

(b)	persons who have undertaken studies towards meeting the academic requirements for admission in a jurisdiction outside Australia, but who have not, within the previous five years, completed those requirements,
(c)	persons who have, within the previous five years, completed the academic requirements for admission in a jurisdiction outside Australia, but who have not been admitted in that jurisdiction,
(d)	persons who have completed the academic requirements for admission in a jurisdiction outside Australia and who have been admitted in that jurisdiction, but who have not practised in that jurisdiction, and
(e)	persons who have completed the academic requirements for admission in a jurisdiction outside Australia and who have been admitted in that jurisdiction, and who have practised in that jurisdiction.

(a)	any examination referred to in rule 53 if it is satisfied that the person has covered the substance of the subject matter of that examination in his or her earlier studies, and
(b)	any examination referred to in rule 53 (b) if it is satisfied that the person has completed a law subject of equivalent educational standing in his or her earlier studies, and account has not been taken of that subject under paragraph (a).

a)	persons who have completed, more than five years ago, a course of practical legal training or articles which complies with paragraphs (a) and (b) of subrule 96(1),
b)	persons who have been admitted as lawyers in a foreign jurisdiction,
c)	persons who have attained the age of 30 years, and have completed either seven 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.

Legal	Application for	Form 10	The contents
of this
Rule 99(1)	application
Profession	Admission as a Lawyer	may be
Admission	by a person who has not previously been admitted in	disclosed to
Australia, New Zealand or elsewhere	law admitting
Board	authorities and
law regulatory
bodies.
Insert date.
1. Ceremony	Scheduled admission ceremony preferred

3. Academic	(a)	I have completed the Board’s examinations within the previous 5	Complete or
years. My student-at-law number is	strike out each

Requirements	of (a), (b), (c), (d), (e)(i), (ii), (iii) and (iv) as
necessary.

(d)	I have been exempted by the Board from further studies on the basis of studies completed elsewhere within the previous 5 years. I attach a copy of a letter from the Board confirming the exemption.
(e)	i) I have completed the Board’s Diploma-in-Law course more than 5 years ago. I have had my qualification assessed by the Board in Form 16 and have satisfied, if necessary, further academic requirements either with the Board or with another institution.

4. Practical	a)	I have completed, within the previous 5 years, a course of	Complete or
practical training listed in the Fourth Schedule as follows.	strike out each

b)	I have completed, within the previous 5 years, 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.
d)	I have completed a course of practical training described in 4a) or b) above more than 5 years ago and have had the course assessed by the Board in Form 17. I attach a copy of the Board’s assessment letter and evidence of completion of those competencies from which I have not been exempted.

5. English	a)	I declare that I have undertaken the final two years of my	Complete or
secondary education and the study for the academic	strike out each

Proficiency	where English is the native or first language and that I have
Requirements	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:

6. Declarations –	Consider each of the following declarations carefully and
Suitability matters	EITHER

6.1.	I have not previously applied for, 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.
Note:

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.

If you have not signed one of the above declarations, you must sign 6.12 and attach the relevant	Sign or strike out the
disclosure(s) or if 6.12 does not apply strike a line through it.	declaration
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.

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.

 Lawyer’s Skills	 Civil Litigation Practice
 Problem Solving	 Commercial and Corporate Practice

	Planning & Environmental Law Practice
	Wills & Estates Practice

2.1	Definitions .............................................................................................................. 2
2.2	Interpretation of Item 6 ............................................................................................ 2
3.	REQUIREMENTS FOR APPLICANTS FOR ADMISSION ..................................................... 3
3.1	Required Competencies ............................................................................................ 3
3.2	When PLT may be commenced .................................................................................. 3
4.	REQUIREMENTS FOR EACH FORM OF PLT .................................................................... 4
4.1	Programmed training and workplace experience .......................................................... 4
4.2	Common requirements ............................................................................................. 4
4.3	Level of training ....................................................................................................... 5
4.4	Qualification of instructors and supervisors ................................................................. 5
4.5	Assessment of applicants .......................................................................................... 5
4.6	Resilience and well-being .......................................................................................... 5
5.	COMPETENCY STANDARDS ........................................................................................ 6
5.1	Administrative Law Practice ....................................................................................... 6
5.2	Banking and finance ................................................................................................. 7
5.3	Civil Litigation Practice .............................................................................................. 8
5.4	Commercial and Corporate Practice ............................................................................ 9
5.5	Consumer Law Practice ........................................................................................... 11
5.6	Criminal Law Practice ............................................................................................. 12
5.7	Employment and Industrial Law ............................................................................... 13
5.8	Ethics and Professional Responsibility ....................................................................... 15
5.9	Family Law Practice ................................................................................................ 16
5.10	Lawyer's Skills ....................................................................................................... 17
5.11	Planning and Environmental Law Practice .................................................................. 20
5.12	Problem Solving ..................................................................................................... 21
5.13	Property Law Practice ............................................................................................. 22
5.14	Trust and Office Accounting ..................................................................................... 24
5.15	Wills and Estates Practice ........................................................................................ 25
5.16	Work Management and Business Skills ..................................................................... 26

(B)	for which the applicant must be enrolled while undertaking the PLT
course,

(b)	seek review of administrative decisions; and
(c)	represent parties before courts and administrative tribunals.

•	identified the specific legislation under which the
information may be obtained.
•	taken the steps required under that legislation.
•	identified and taken any other practical steps required
to obtain the information.

•	identified and advised the client, or participated in or
observed discussions with the client about, alternative
means of obtaining a review.
•	completed all preparation required by law, good
practice and the circumstances of the matter.
•	represented the client effectively at, or participated in
or observed, any mediation, hearing or other review
forum, where this is appropriate and permitted.
•	identified all alternative means of obtaining redress
and discussed them with the client.

3. Representing a client	•	completed all preparation required by law, good
practice and the circumstances of the matter.
•	represented the client effectively at, or participated in
or observed, any mediation, hearing or other
proceeding, where this is appropriate or permitted.
Explanatory notes

Element	Performance criteria
The lawyer has competently:

investigation	borrower’s proposal and identified the securities
available to a financier in the situation

•	undertaken any necessary preliminary searches
and inquiries to investigate issues of ownership,
title and the capacity of any party to enter into
the proposed financial arrangement
•	identified any consents to, or notifications of,
the proposed financial arrangement required by
existing financial or contractual arrangements
•	identified any requirements imposed on the
financier by law in respect of the proposed
financial arrangement.

2.	Planning	•	planned the steps to be taken to effect the
proposed the arrangement including identifying
and recording any critical dates, identifying any
necessary searches and inquiries and identifying
the required documentation
3.	Documentation	•	drafted the relevant loan and security
documents
•	informed the borrower of their obligations in
relation to the arrangement including any
personal obligations under any guarantees
•	complied with any legislative requirements
relating to the proposed arrangement