Legal Profession Admission Rules 2005 (NSW)
These Rules are made by the Legal Profession Admission Board under section 38 of the Legal Profession Act 2004.
These Rules may be cited as the Legal Profession Admission Rules 2005.
These Rules succeed the Legal Practitioners Admission Rules 1994 with effect from 1 December 2005.
Section 38 (4) of the Legal Profession Act 2004 applies Part 6 of the Interpretation Act 1987 to a rule made under that section in the same way as it applies in relation to a statutory rule within the meaning of that Act. The Rules appointed 1 December 2005 as the date of effect of the Rules. Pursuant to section 39 (2A) of the Interpretation Act 1987, the Rules are not invalid merely because the Rules were published in the Gazette after the day on which one or more of the provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which the Rules are published in the Gazette, instead of from the earlier day.
These Rules are divided into Parts as follows:
• Part 1—Preliminary, rules 1–6
• Part 2—Administration, rules 7–14
• Part 3—Legal Qualifications Committee, rules 15–26
• Part 3A—Examinations Committee, rules 27–27K
• Part 4—Students-at-Law, rules 28–36
• Part 5—Declarations as to Character, rules 37–41
• Part 6—Accredited Law Degrees, rules 42–45A
• Part 6A—Approved Practical Training Courses, rules 45B–45C
• Part 7—Examinations, rules 46–78A
• Part 8—Certificates, rules 79–81
• Part 9—Discipline, rules 82–88
• Part 10—Hearings, rules 89–93
• Part 11—Eligibility for Admission as a Lawyer, rules 94–98
• Part 11A—Application for Admission, rules 99–108
• Part 12—Fees, rules 109–113
• Part 13—Transitional, rules 113A–115
• Part 14—Miscellaneous, rules 116–118
In these Rules, unless the context or subject matter otherwise indicates or requires:
Unless the context or subject matter otherwise indicates or requires, the definitions in the Act apply to these Rules.
(Repealed)
The Board shall appoint an Executive Officer.
The Executive Officer shall either in person or by deputy approved by the President attend all meetings of the Board, keep minutes of its proceedings, conduct its correspondence and perform such other duties as the Board may require.
The Executive Officer shall keep the Board aware of the financial position of the Board at all times and shall provide the appropriate information to enable the Board to comply with the Public Finance and Audit Act 1983.
The Board shall have a seal.
The seal may be affixed to any document or certificate issued by the Board under the hand of the Chief Justice, the President, another judicial member of the Board or the Executive Officer.
(Repealed)
The Board may adjourn consideration of an application or matter before it under these Rules pending the provision of such further material or evidence as it considers necessary or appropriate.
The Board may inform itself of any matter which it considers relevant to an application before it in any manner it thinks appropriate, but the Board shall not determine an application adversely to an applicant on material not supplied by the applicant without first giving notice of the material to the applicant.
Subject to the provisions of the Act, the Board, the Legal Qualifications Committee or the Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, relax any of these Rules.
An application for relaxation of the Rules shall be made through the Executive Officer not less than 14 days before the meeting at which the application is to be considered.
Without derogating from the generality of sub-rule (1), the Board may relax any of the rules relating to the eligibility of a person for admission as a lawyer or for registration as a student-at-law.
An application for relaxation of any of the rules relating to the qualification of lawyers or students-at-law may be made together with a corresponding application for admission or registration.
Every applicant for admission as a lawyer and every applicant for registration as a student-at law shall, if required by the Board, provide answers to such questions as the Board may put relating to his or her conduct, and shall if required attend the Board for the purpose of providing further explanations.
If an applicant fails to provide answers within one month of being required to do so, or fails to attend the Board as required, the Board may, without further notice, refuse the application.
The Legal Qualifications Committee is hereby constituted to superintend the qualification of candidates for admission and to advise the Board in relation to the accreditation of academic and practical training courses.
The Legal Qualifications Committee shall consist of the following persons:
(a) three Judges nominated by the Chief Justice,
(b) three Barristers nominated by the Bar Council,
(c) three Solicitors nominated by the Law Society Council, and
(d) three Professors of Law or full-time Law Lecturers nominated by the Committee of NSW Law Deans.
The Legal Qualifications Committee may, by co-option, appoint up to three further members being persons who are or have been Judges, Barristers, Solicitors, Legal Practitioners, Lawyers, Professors of Law or full-time Law Lecturers.
The person or body responsible for an appointment or nomination under this rule may vary that appointment or nomination.
Nominations under rule 16 shall be made to the Executive Officer.
The term of office of a member of the Legal Qualifications Committee shall normally be from 1 July of an even numbered year to 30 June of the next even numbered year.
All positions become vacant on 30 June of an even numbered year.
Members may be re-nominated for subsequent terms.
The Legal Qualifications Committee shall elect:
(a) as its Chairperson a Judge appointed under rule 16 (1) (a), and
(b) a Deputy Chairperson to exercise all the powers of the Chairperson when the Chairperson is absent.
The Executive Officer shall be the Executive Officer of the Legal Qualifications Committee.
Five members shall constitute a quorum of the Legal Qualifications Committee.
The Legal Qualifications Committee shall appoint an Academic Exemptions Sub-Committee of up to three members to determine applications under rule 97.
The Legal Qualifications Committee shall appoint a Practical Training Exemptions Sub-Committee of up to three members to determine applications under rule 98.
(Repealed)
The Legal Qualifications Committee shall appoint an Accreditation Sub-Committee of up to three members to make recommendations relating to the recognition and accreditation of courses under these Rules.
The Legal Qualifications Committee may delegate to its Chairperson, a member, several members, the Executive Officer or any combination of the foregoing the making of a decision or decisions on any matter or class of matters, provided always that a person aggrieved by a decision of a delegate on any matter may apply for a reconsideration of the matter by the Legal Qualifications Committee.
The Legal Qualifications Committee is accountable to the Board and shall report to the Board at least once in each calendar year as to its activities, including in its report any proposals the Committee may wish to make about the Rules, procedures or other matters relating to the Committee’s work.
The Examinations Committee is hereby constituted to oversee the content and conduct of the Board’s examinations and the candidatures of students-at-law.
The Examinations Committee shall consist of the following persons:
(a) two Judges nominated by the Chief Justice,
(b) one Barrister nominated by the Bar Council,
(c) one Solicitor nominated by the Law Society Council,
(d) the Director of the Law Extension Committee, and
(e) two Examiners appointed by the Chairperson of the Examinations Committee.
The Examinations Committee may, by co-option, appoint up to two further members being persons who are or have been Judges, Barristers, Solicitors, Legal Practitioners, Lawyers, Professors of Law or full-time Law Lecturers.
The person or body responsible for an appointment or nomination under this rule may vary that appointment or nomination.
Nominations under rule 27A shall be made to the Executive Officer.
The term of office of a member of the Examinations Committee shall normally be from 1 July of an even numbered year to 30 June of the next even numbered year.
All positions become vacant on 30 June of an even numbered year.
Members may be re-nominated for subsequent terms.
The Examinations Committee shall elect:
(a) as its Chairperson a Judge appointed under rule 27A (1) (a), and
(b) a Deputy Chairperson to exercise all the powers of the Chairperson when the Chairperson is absent.
The Executive Officer shall be the Executive Officer of the Examinations Committee.
Four members shall constitute a quorum of the Examinations Committee.
The Examinations Committee shall appoint a Performance Review Sub-Committee of up to three members to determine applications under rule 67.
The Examinations Committee shall appoint a Curriculum Sub-Committee of up to three members:
(a) to plan and periodically review, in consultation with Examiners and Revising Examiners, the curriculum and syllabi for the Board’s examinations, and
(b) to prescribe materials on which the Board’s examinations may be set.
The Examinations Committee shall appoint a Quality Sub-Committee of up to three members to oversee the quality of the Board’s examinations and the marking of examination papers.
The Examinations Committee shall in the name of the Board appoint such Examiners and Revising Examiners as are required to set and mark the Board’s examinations.
Every appointment under sub-rule (1) shall, unless otherwise specified, be for a single examination period.
The Examinations Committee may delegate to its Chairperson, a member, several members, the Executive Officer or any combination of the foregoing the making of a decision on any particular matter or class of matters, provided always that a person aggrieved by a decision of a delegate on any matter may apply for a reconsideration of the matter by the Examinations Committee.
The Examinations Committee is accountable to the Board and shall report to the Board at least once in each calendar year as to its activities, including in its report any proposals the Committee may wish to make about the Rules, procedures or other matters relating to the Committee’s work.
An application for registration as a student-at-law shall be in and to the effect of Form 1.
A person is eligible to apply for registration as a student-at-law if he or she intends to remain in Australia during the whole of his or her candidature for the Board’s examinations and:
(a) has passed the Special Tertiary Admissions Test (STAT MC or STAT T) with a mark of 149 or above,
(b) is a graduate,
(c) has completed the NSW Higher School Certificate achieving the levels set out in the following table:
Years
Minimum Level
Minimum English mark calculated as an average of HSC examination and assessment marks
Before 1986
Aggregate of 253
2 Unit General/2 Unit A
60
2 Unit
53
1986–1990
TES of 253
2 Unit General
60
2 Unit
53
1990–1999
TER of 50
2 Unit Contemporary
60
2 Unit Related/General
53
1999–2000
UAI of 66
2 Unit Contemporary
60
2 Unit Related/General
53
2001–2008
UAI of 66
Standard/Advanced
60
ESL
70
2009–
ATAR of 68.90
Standard/Advanced
60
ESL
70
(d) has completed the equivalent of the NSW Higher School Certificate examination in Australia or New Zealand, achieving a level equivalent to one of the levels set out in the table in paragraph (c),
(e) holds a Graduate Certificate/Vocational Graduate Certificate, Graduate Diploma/Vocational Graduate Diploma, an associate degree, advanced diploma, diploma, or associate diploma from an Australian university or TAFE college,
(f) has passed the International Baccalaureate examination with a result of 30 points or more and a result in English A of at least 4 points at the Higher Level or 5 points at the Standard level,
(g) has been admitted to candidature for a degree in an Australian or New Zealand university,
(h) has qualified in a TAFE college or elsewhere for the award of a Certificate III or Certificate IV as assessed by the Australian Qualifications Framework,
(i) has gained qualifications outside Australia equivalent to a Diploma, Advanced Diploma, Certificate III or Certificate IV,
(j) has been employed as a paralegal or a legal secretary undertaking actual legal work under supervision for at least three years, or
(k) has been or is either a police officer or a registered nurse who has passed examinations in either of those professions.
Subject to sub-rules (2) and (4), where the Board is satisfied that an applicant for registration as a student-at-law is eligible for registration it shall register the applicant as a student-at-law.
The Board may refuse to register an applicant if it is not satisfied that he or she is of good fame and character and otherwise suitable for registration.
In considering whether an applicant is suitable for registration, the Board may have regard to the suitability matters set out in section 9 of the Act.
The Board may refuse to register an applicant if it is not satisfied that the applicant intends to reside in Australia during his or her candidature for the Board’s examinations.
The Executive Officer shall notify an applicant for registration as a student-at-law of the outcome of his or her application as soon as practicable after the meeting at which the application is considered.
If the Board refuses to register an applicant, he or she may ask the Board to give reasons for the refusal.
An applicant who is aggrieved by a refusal of an application may ask the Board to reconsider the application, and may request an oral hearing before a committee of the Board.
(Repealed)
An application to the Board under section 26 of the Act for a declaration that particular matters will not adversely affect an assessment by the Board of a person’s suitability for admission shall be in and to the effect of Form 4.
(Repealed)
At the time of making an application to the Board under this Part, the applicant shall serve a copy of the application on each of the Bar Association and the Law Society.
The Bar Association and the Law Society shall inform the Board of their attitude to an application under this Part within 12 weeks of receiving the application.
The Board may proceed to determine an application under this Part without the attendance of any person unless the applicant, the Bar Association or the Law Society requests an oral hearing.
If any of the applicant, the Bar Association or the Law Society desires an oral hearing, the Board shall proceed in accordance with Part 10 of these Rules.
(Repealed)
A law school which proposes to offer an accredited law degree with effect from 1 January in any year may apply to the Board by 30 June in the preceding year for accreditation of the degree.
An application under sub-rule (1) must include details of the subjects proposed to be taught and the proposed requirements for the degree.
The Board shall refer an application under sub-rule (1) to the Legal Qualifications Committee, which shall refer the application to the Accreditation Sub-Committee.
The Accreditation Sub-Committee shall, after considering the material referred to it under sub-rule (3), recommend to the Legal Qualifications Committee:
(a) that the degree be recognised as requiring the completion of at least three years full-time study of law, and a satisfactory level of understanding and competence in the areas of knowledge set out in rule 95 (1) (b) and the Fifth Schedule except for the trust accounting component of Professional Conduct,
(b) that the degree be so recognised only in respect of a holder of the degree who has taken one or more designated elective subjects within the degree, or
(c) that the degree not be so recognised.
The Legal Qualifications Committee shall, after considering the recommendation of the Accreditation Sub-Committee under sub-rule (4), recommend to the Board that the degree be accredited or not be accredited.
The Board shall, after considering the recommendation of the Legal Qualifications Committee under sub-rule (5):
(a) accredit the degree,
(b) accredit the degree only in respect of a holder of the degree who has taken one or more designated elective subjects within the degree, or
(c) refuse to accredit the degree,
in each case with effect from 1 January in the succeeding year.
The Executive Officer shall notify the law school accordingly.
Not later than 30 June each year, the Head of each law school offering an accredited law degree shall notify the Board of:
(a) any material alteration which has been made to the curriculum for the degree,
(b) any material alteration which is proposed to be made to the curriculum for the degree, and
(c) his or her opinion as to whether the requirements for the award of the degree include the demonstration of a satisfactory level of understanding and competence in the areas of knowledge set out in rule 95 (1) (b) and the Fifth Schedule except for the trust accounting component of Professional Conduct.
The Board shall refer the material supplied under sub-rule (1) to the Legal Qualifications Committee, which shall refer the material to the Accreditation Sub-Committee.
The Accreditation Sub-Committee shall, after considering the material referred to it under sub-rule (2), recommend to the Legal Qualifications Committee that the accreditation of the degree be confirmed or that it not be confirmed.
The Legal Qualifications Committee shall, after considering the recommendation of the Accreditation Sub-Committee under sub-rule (3), recommend to the Board that the accreditation of the degree be confirmed or that it not be confirmed.
The Board shall, after considering the recommendation of the Legal Qualifications Committee under sub-rule (4), determine that the accreditation of the degree be confirmed or that it not be confirmed.
The Executive Officer shall, not later than 30 September of the year in which notification was given under sub-rule (1), notify the law school:
(a) that the accreditation of the degree has been confirmed, or
(b) that the accreditation of the degree has not been confirmed, and in this case
(c) that the accreditation of the degree may be withdrawn.
If the Board has determined under sub-rule (5) that the accreditation of the degree not be confirmed, the Board may withdraw the accreditation unless the curriculum or proposed curriculum is amended to the satisfaction of the Board.
Where accreditation of a law degree is withdrawn under rule 44, the degree shall, for the purposes only of the application of these Rules to a student who commenced the degree course prior to the withdrawal of accreditation, be taken to be an accredited law degree, provided that student has passed examinations in the areas of knowledge set out in rule 95 (1) (b) and the Fifth Schedule.
Where a law degree is accredited under rule 43, or where accreditation of a law degree is withdrawn under rule 44, the Second Schedule is amended accordingly.
Not later than 30 June each year, the Director of each institution offering an approved course of practical training shall give notification to the Board of:
(a) any material alteration which has been made to the curriculum of the course,
(b) any material alteration which is proposed to be made to the curriculum of the course, and
(c) his or her opinion as to whether the requirements for the successful completion of the course include evidence of the attainment of the competencies set out in rule 96 (1) (b) and the Sixth Schedule.
The Board shall, after considering the material provided by the institution under sub-rule (1), determine that the approval of the course be confirmed or that it not be confirmed.
The Executive Officer shall, not later than 30 September of the year in which notification was given under sub-rule (1), notify the institution:
(a) that the approval of the course has been confirmed, or
(b) that the approval of the course has not been confirmed, and in this case
(c) that the approval of the course may be withdrawn.
If the Board has determined under sub-rule (2) that the approval of the course not be confirmed, the Board may withdraw the approval unless the curriculum or proposed curriculum is amended to the satisfaction of the Board.
Where approval of a practical training course is withdrawn under rule 45B, the Fourth Schedule is amended accordingly.
The Board’s Examinations shall be held twice each year at such places and times as the Board shall appoint.
Only students-at-law shall sit for the Board’s Examinations.
(Repealed)
The Board’s examinations are:
(a) the following subjects:
• Legal Institutions
• Contracts
• Torts
• Criminal Law and Procedure
• Real Property
• Australian Constitutional Law
• Equity
• Commercial Transactions
• Administrative Law
• Law of Associations
• Evidence
• Taxation and Revenue Law
• Succession
• Conveyancing
• Practice and Procedure
• Legal Ethics
• Jurisprudence
(b) three of the following subjects:
• Insolvency
• Conflict of Laws
• Family Law
• Local Government and Planning
• Industrial Law
• Intellectual Property Law
• Public International Law
• Competition and Consumer Law
• Understanding Legal Language and Legislation
The Examinations Committee may recommend to the Board:
(a) a variation of the list of examinations and subjects set out in rule 53,
(b) a variation in the order in which the subjects are to be taken, and
(c) any transitional arrangements which may be necessary to accommodate a variation of the subjects or the order in which they are taken.
The Board may approve a recommendation under sub-rule (1), with or without amendment, refuse to approve the recommendation, or remit it to the Examinations Committee for further consideration.
Upon the Board accepting a recommendation under rule 54, the list of examinations shall be deemed varied as and from the next set of examinations, without the necessity for any amendment of rule 53, and thereafter the examinations as varied shall constitute the Board’s examinations.
(Repealed)
No student-at-law whose application for registration as a student-at-law is lodged later than 1 March in any year shall sit for the Legal Institutions examination in September of that year.
No student-at-law whose application for registration as a student-at-law is lodged later than 1 September in any year shall sit for the Legal Institutions examination in March of the succeeding year.
A student-at-law who has not passed the examinations in or been credited with or exempted from at least 11 subjects must sit for the examination in the order in which they appear in rule 53 or in any variation thereof under rule 55.
A student-at-law who has passed the examinations in or been credited with or exempted from at least 11 subjects may sit for the examinations in the remaining subjects in any order.
A student-at-law must not, at any one sitting, sit for examination in more than two subjects until he or she has passed or been credited with or exempted from eight compulsory subjects after which he or she may not, at any one sitting, sit for examination in more than three subjects.
The Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, relax this rule.
A person desirous of proceeding to any examination or examinations under these Rules (in this and succeeding rules referred to as
The candidate shall enrol for the examination or examinations and at the same time for the corresponding course or courses of instruction conducted by the Law Extension Committee.
At the time of enrolling, the candidate shall pay to the Board the examination fee and also such fees for the courses of instruction conducted by the Law Extension Committee as have been fixed from time to time by the University of Sydney.
Subject to sub-rule (2) the Boards examinations may be undertaken only at the examination centres set out in the Course Information Handbook.
The Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, permit a candidate to undertake an examination at an alternative centre.
(Repealed)
If the Board determines not to hold an examination at a country centre, the candidates who desired to sit for the examination at that centre shall be notified in time to enable them to sit for the examination in Sydney or at such other country centre as the Board may determine.
A candidate who has enrolled for and undertaken a course of instruction in a subject of examination conducted by the Law Extension Committee and who has completed the requirements of the course may sit for the examination in that subject unless the Law Extension Committee notifies the candidate and the Examinations Committee prior to the examination that the candidate has not completed the requirements of the course to the satisfaction of the Law Extension Committee.
Subject to rule 67, any candidate who, without prior leave of the Examinations Committee, fails to sit for examination in at least two subjects in any two successive sessions shall be excluded from taking any further examination prescribed by these Rules.
Subject to rule 67, a candidate who has passed the examinations in all subjects except one and fails to sit for examination in the remaining subject at least once in any two successive sessions shall be excluded from taking any further examination in the remaining subject.
Subject to rule 67, a candidate who fails any subject a second time shall be excluded from taking any further examination prescribed by these Rules.
A person excluded by rule 64, rule 65 or rule 66 may apply to the Examinations Committee for a relaxation of the Rules.
The Examinations Committee shall refer an application under sub-rule (1) to the Performance Review Sub-Committee or to the Executive Officer.
The Performance Review Sub-Committee or the Executive Officer may, in circumstances which it or he or she regards as sufficiently special and upon such conditions as it or he or she thinks fit, relax rule 64, rule 65 or rule 66.
(Repealed)
A person aggrieved by a determination of the Performance Review Sub-Committee or the Executive Officer under rule 67 may, within one month of being given notice of the determination or within such extended time as the Examinations Committee may allow, apply to the Examinations Committee for a review of the determination.
A person aggrieved by a determination of the Examinations Committee under sub-rule (1) may, within one month of being given notice of the determination or within such extended time as the Board may allow, apply to the Board for a review of the determination.
(Repealed)
The Examinations Committee may refer to the Board any matter relating to the examinations.
The Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, grant:
(a) exemption from any examination prescribed by these Rules, or
(b) exemption from any of the requirements of this Part.
The Board may award academic prizes to candidates in respect of their performance in the Board’s examinations.
The terms and conditions of each prize shall be determined by the Board.
Upon request and upon payment of the prescribed fee, the Executive Officer may issue the following certificates:
(a) a certificate of registration as a student-at-law,
(b) a certificate of current admission,
(c) a certificate of academic record.
Subject to sub-rule (2), a person who has passed the Board’s examinations save those from which he or she has been exempted, is entitled to receive from the Board a certificate entitled “Diploma in Law”.
No person is entitled to receive the Diploma if he or she has sat for and passed fewer than half of the Board’s examinations.
Subject to sub-rule (4), no charge shall be made for the issue of a Diploma.
A person who wishes to receive from the Board a Diploma to which he or she is entitled on account of examinations completed more than one year before making application for that Diploma, shall pay to the Board the fee prescribed in the Third Schedule for original diplomas and certificates.
Upon receipt of a Diploma in Law, the person named therein shall be entitled to adopt the description of the holder of that Diploma, and shall be entitled to use the post-nominal “DipLaw”.
A student-at-law who is awarded an academic prize by the Board is entitled to receive from the Board a certificate relating to that prize.
The Examinations Committee and the Law Extension Committee shall be vigilant to detect any cases of cheating in examinations or in home assignments (in this Part referred to as academic misconduct).
Where an allegation of academic misconduct is made against a student-at-law, the Executive Officer shall, unless he or she is of the view that the allegation is frivolous, put the allegation to the student-at-law and request the student-at-law to show cause in writing within 14 days why he or she should not be dealt with under rule 84.
The Executive Officer shall refer the allegation, and any response by the student-at-law, to the Examinations Committee.
The Committee shall consider any allegation of academic misconduct referred to it by the Executive Officer, and any response by the student-at-law, and may decide:
(a) that the allegation is not substantiated,
(b) that the allegation is substantiated, but that no action should be taken in respect of the allegation, or
(c) that an oral hearing should be held in respect of the allegation.
Where the Examinations Committee decides that an oral hearing should be held, the procedure for the hearing shall be as close as practicable to the procedure set out in Part 10.
The Examinations Committee may, after considering the allegation, any response of the student-at-law, and any report of a hearing committee, decide:
(a) that the allegation is not substantiated,
(b) that the allegation is substantiated but that no action should be taken in respect of the allegation, or
(c) that the allegation is substantiated and:
(ca) that the student-at-law be admonished or reprimanded,
(cb) that the student-at-law be refused admission to further examinations for a defined period, or
(cc) that the matter be reported to the Board.
Upon any matter coming before the Board under rule 84 (3) (c) (cc), the Board may decide:
(a) that no action be taken,
(b) that the student-at-law be admonished or reprimanded,
(c) that the student-at-law be refused admission to further examinations for a defined period, or
(d) that the registration of the student as a student-at-law be cancelled.
A student-at-law aggrieved by a decision of the Examinations Committee under rule 84 (3) (c) (ca) or rule 84 (3) (c) (cb) may apply to the Board for a review of the decision.
Where an allegation of misconduct, not being academic misconduct under rule 82, is made against a student-at-law, the Executive Officer shall, unless he or she is of the view that the allegation is frivolous, put the allegation to the student-at-law and request the student-at-law to show cause in writing within 14 days why he or she should not be dealt with under rule 88.
The Executive Officer shall refer the allegation, and any response by the student-at-law, to the Board.
The Board shall consider any allegation of misconduct referred to it by the Executive Officer under rule 87 (2), and any response by the student-at-law, and may decide:
(a) that the allegation is not substantiated,
(b) that the allegation is substantiated, but that no action should be taken in respect of the allegation, or
(c) that an oral hearing should be held in respect of the allegation.
Where the Board decides that an oral hearing should be held, the procedure for the hearing shall be as close as practicable to the procedure set out in Part 10.
Where an oral hearing is held, the Board may, after considering the allegation, any response of the student-at-law, and any report of a hearing committee, decide:
(a) that the allegation is not substantiated,
(b) that the allegation is substantiated but that no action should be taken in respect of the allegation, or
(c) that the allegation is substantiated and:
(ca) that the student-at-law be admonished or reprimanded, or
(cb) that the registration of the student as a student-at-law be cancelled.
Whenever the Board considers that an oral hearing of any matter before it is necessary or desirable, or where an oral hearing is requested under rule 31 (3) or required under rule 41, the President shall convene a hearing committee unless he or she considers that the hearing should be before the whole Board.
A hearing committee shall consist of one or more members nominated by the President.
Where more than one person is nominated, the President shall also nominate a Chairperson.
The Chairperson of a hearing committee, or the sole member thereof, shall notify the applicant and all other persons entitled to participate in the hearing of the time and place of a preliminary conference at which directions will be given with respect to the hearing.
At the preliminary conference the Chairperson, or sole member of the hearing committee, shall give such directions as to the conduct of the oral hearing as he or she considers just.
(Repealed)
The Chairperson or sole member of a hearing committee shall report to the Board in respect of the oral hearing.
The Board shall not finalise its consideration of the matter to which the hearing relates before receiving the report of the hearing committee.
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.
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
A synopsis of the areas of knowledge referred to in sub-rule (1) (b) is set out in the Fifth Schedule.
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.
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
A synopsis of the competencies referred to in sub-rule (1) (b) is set out in the Sixth Schedule.
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.
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.
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.
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.
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).
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.
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.
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.
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.
The Academic Exemptions Sub-Committee may grant exemptions on such conditions as it thinks fit.
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.
An application for exemption under this rule shall be in and to the effect of Form 16.
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.
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).
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.
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
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.
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-Committee in those skills and practice areas referred to in sub-rule (3) from which he or she has not been exempted.
An application for exemption under this rule shall apply in and to the effect of Form 17.
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.
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.
The Practical Training Exemptions Sub-Committee may grant exemptions on such conditions as it thinks fit.
An applicant for admission who has not previously been admitted as a lawyer in any jurisdiction shall apply to the Board in and to the effect of Form 10.
An application for admission under sub-rule (1) shall be accompanied by two certificates of character in and to the effect of Form 3.
An applicant for admission who has previously been admitted as a lawyer in a jurisdiction outside Australia and New Zealand shall apply to the Board in and to the effect of Form 11.
An application for admission under sub-rule (3) shall be accompanied by two certificates of character in and to the effect of Form 3A.
An applicant for admission whose name has been ordered by the Court or by a disciplinary tribunal to be removed from the Roll of Barristers, the Roll of Solicitors, the Roll of Legal Practitioners or the Roll of Lawyers in New South Wales shall apply for re-admission in and to the effect of Form 12.
A copy of an application for re-admission under sub-rule (5) shall be provided to each of the New South Wales Bar Association and the Law Society of New South Wales.
(Repealed)
Where the Board is satisfied that an applicant for admission has complied with the admission rules and is both eligible for admission and suitable for admission it shall:
(a) approve the applicant as a fit and proper person to be admitted, and
(b) issue a Compliance Certificate in Form 13.
No person shall move the Court for admission, whether previously admitted elsewhere or not, unless the Board has issued a Compliance Certificate in respect of that person.
The fees to be charged for applications and services are those set out in the Third Schedule.
Once in each calendar year the Board shall review the fees to be charged.
Where the Board varies the fees to be charged, the Third Schedule is amended accordingly.
(Repealed)
A person may apply to the Board for the waiver of any fee payable under these Rules, other than a fee payable under rule 60 (3) in respect of courses of instruction conducted by the Law Extension Committee.
No fee is payable in respect of an application under this rule.
Each of the following bodies or persons shall continue in office under these Rules:
(a) the Legal Qualifications Committee and the Examinations Committee constituted under the Legal Practitioners Admission Rules 1994,
(b) the Academic Exemptions Sub-Committee, the Practical Training Exemptions Sub-Committee, the Accreditation Sub-Committee, the Curriculum Sub-Committee and the Quality Committee appointed under the under the Legal Practitioners Admission Rules 1994,
(c) the Executive Officer appointed under the Legal Practitioners Admission Rules 1994,
The Board and each of the bodies and persons referred to in sub-rule (1) shall carry out their duties in such a way as to ensure, as far as practicable, that there is a smooth transition from the operations of the Legal Practitioners Admission Board under the Legal Practitioners Admission Rules 1994 to those of the Legal Profession Admission Board under the Legal Profession Admission Rules 2005.
A student-at-law who has passed an examination under the Barristers and Solicitors New Examination Rules, the Barristers and Solicitors Admission Rules 1989 or the Legal Practitioners Admission Rules 1994 shall be deemed to have passed the corresponding subject in the Board’s examinations.
A student-at-law who has passed or been credited with the examination in Preliminary before 1 May 1993 shall be deemed to have passed the examination in Legal Institutions and one of the examinations referred to in rule 53 (b).
Any person who considers that he or she has suffered special prejudice as a result of the taking effect of these Rules may apply to the Board for relief from such special prejudice.
The Board may in its discretion grant any application under this rule unconditionally, or on such conditions as it considers appropriate.
Where these Rules provide that an application shall be in a particular form, the form referred to is the form included in Schedule 1.
An application under these rules shall not be made to the Board, the Legal Qualifications Committee or the Examinations Committee unless the application has attached to it all necessary supporting material and is accompanied by the prescribed fee.
The Board may delegate to the President, a member, several members, the Executive Officer or any combination of the foregoing the making of a decision on any matter or class of matters, provided always that a person aggrieved by a decision of a delegate on any matter may apply to the Board for a reconsideration of the matter.
The contents of this application may be disclosed to law admitting authorities and law regulatory bodies. | |||
1. Applicant Details | SURNAME | TITLE | |
GIVEN NAMES | |||
GENDER | DATE OF BIRTH (dd/mm/yyyy) | ||
□ Male | □ Female | ||
RESIDENTIAL ADDRESS | |||
POSTAL ADDRESS (if different from Residential) | |||
BUSINESS PHONE NUMBER | HOME PHONE NUMBER | ||
MOBILE PHONE NUMBER | FACSIMILE | ||
EMAIL ADDRESS | |||
2. Examination Centre | My nominated LPAB examination centre is: | Select from list on instructions page 2. | |
3. Entry Qualifications | I meet the requirements for Entry Category No. and I have attached the required supporting documentation. | Provide category number in adjacent box. | |
Entry Category No. | |||
4. Academic Exemptions |
| Delete if not applicable. | |
| Delete if not applicable. | ||
5. Declarations | |||
| Sign here if true. | ||
| Sign here if true. | ||
| Sign here if true. | ||
6. Certification &Authorisation | The above information and declarations I have given in this form are true and complete. 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 suitable for registration as a student-at-law. | Sign and Date. // |
The contents of this application may be disclosed to law admitting authorities and law regulatory bodies. | |||
1. Applicant | SURNAME | TITLE | |
GIVEN NAMES | |||
2. Referee | SURNAME | TITLE | You must not be related to the applicant by blood or marriage. |
GIVEN NAMES | |||
ADDRESS | |||
HOME TELEPHONE NUMBER | WORK TELEPHONE NUMBER | ||
OCCUPATION | |||
3. Reference | I am at least 30 years of age. | You must be at least 30 years of age. | |
I have known the applicant for years. | You must have known the applicant for at least three years. | ||
State the circumstances in which you have known the applicant. | |||
Give your opinion of the applicant’s character, reputation and suitability for admission as a lawyer. Include a reference to their honesty and integrity. |
SIGNATURE | DATE |
The contents of this application may be disclosed to law admitting authorities and law regulatory bodies. | |||
1. Applicant | SURNAME | TITLE | |
GIVEN NAMES | |||
2. Referee | SURNAME | TITLE | |
GIVEN NAMES | |||
ADDRESS | |||
HOME TELEPHONE NUMBER | WORK TELEPHONE NUMBER | ||
OCCUPATION | You must be admitted as a lawyer. | ||
3. Reference | I am at least of 30 years of age. | You must be at least 30 years of age. | |
I have known the applicant for years. | You must have known the applicant for at least three years. | ||
State the circumstances in which you have known the applicant. | |||
Give your opinion of the applicant’s character, reputation and suitability for admission as a lawyer. Include a reference to their honesty and integrity |
SIGNATURE | DATE |
(Full name)
(Full name) (Private address, including postcode)
and
(official or business address, including postcode)
hereby apply pursuant to S.26 of the Legal Profession Act 2004 for a declaration that the matters set out in the Schedule hereto will not, without more, adversely affect an assessment by the Board of my good fame and character.
I file herewith statutory declaration(s) in support of my application.
I provide in a statutory declaration details of any criminal charge made against me and any findings against me by a Court, including details of the specific Section and Act under which I was charged.
I understand that it is necessary to serve a copy of this application on both the New South Wales Bar Association and The Law Society of New South Wales within seven days of filing this application.
(signature of applicant and date)
If the matter referred to in the Schedule refers to a charge heard before a Court, the Board normally expects to be provided with a full copy of the depositions or transcript of that hearing.
(Full name) |
The NEW SOUTH WALES BAR ASSOCIATION/THE LAW SOCIETY OF NEW SOUTH WALES
Having been served with a copy of the above application on 20 notifies/notify you as follows:
1. The application is opposed / not opposed.
2. It is desired to cross-examine the applicant and the persons listed below before the Board.
3. Further material should be furnished by the applicant on the following aspect of the application before it can be properly considered.
I, of Sydney, in the State of New South Wales, in the Commonwealth of Australia, Executive Officer of the Legal Profession Admission Board of the said State, and being the Officer having ordinarily the custody of the records relating to the admission of Lawyers of the said Sate, DO HEREBY CERTIFY: was on the day of in the year two thousand and admitted as a Barrister / Solicitor / Legal Practitioner / Lawyer of the Supreme Court of the said State, and that name is still on the Roll of Local Lawyers and has never been removed therefrom.
The Board does not hold records of disciplinary proceedings or suspensions from practice. Such information should be sought from the relevant professional organisations being the New South Wales Bar Association, 174 Phillip Street, Sydney, or the Law Society of New South Wales, 170 Phillip Street, Sydney.
GIVEN under my hand and the seal of the Legal Profession Admission Board at Sydney in the State of New South Wales this day of two thousand and |
I, of Sydney, in the State of New South Wales, in the Commonwealth of Australia, Executive Officer of the Legal Profession Admission Board of the said State, and being the Officer having ordinarily the custody of the records relating to the admission of Lawyers of the said State, DO HEREBY CERTIFY: that the attached document in page(s), signed and dated by me, was part of an application for admission by and was taken into account by the Admission Board in its determination of the applicant’s application for admission as a Barrister, Solicitor, Legal Practitioner or Lawyer of the Supreme Court of New South Wales
The Board does not hold records of disciplinary proceedings or suspensions from practice. Such information should be sought from the relevant professional organisations being the New South Wales Bar Association, 174 Phillip Street, Sydney, or the Law Society of New South Wales, 170 Phillip Street, Sydney.
Given under my hand and the seal of the Legal Profession Admission Board at Sydney in the State of New South Wales this day of , two thousand and |
Executive Officer |
Be it known that has passed the examinations prescribed by the Legal Profession Admission Rules
The Seal of the Board has been hereunto affixed on the day of in the year two thousand and
Chief Justice of New South Wales
Executive Officer
(Date)
(Name) (Student Number) has the following academic record in examinations conducted under the Legal Profession Admission Rules:
(Name) was awarded the Diploma in Law following the Semester , (Year) examinations.
Entries below this line are NOT VALID
The contents of this application may be disclosed to law admitting authorities and law regulatory bodies. | |||
Scheduled admission ceremony preferred | Insert date. | ||
SURNAME | TITLE | ||
GIVEN NAMES | DATE OF BIRTH | ||
ADDRESS | |||
HOME TELEPHONE NUMBER | WORK TELEPHONE NUMBER | ||
MOBILE NUMBER | FACSIMILE NUMBER | ||
EMAIL ADDRESS | |||
| Complete or strike out each of (a), (b), (c), (d), (e)(i), (ii), (iii) and (iv) as necessary. | ||
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UNIVERSITY | DEGREE | YEAR | |
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UNIVERSITY | DEGREE | YEAR | |
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UNIVERSITY | DEGREE | YEAR | |
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UNIVERSITY | DEGREE | YEAR | |
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UNIVERSITY | DEGREE | YEAR | |
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| Complete or strike out each of (a), (b) and (c) as necessary. | ||
INSTITUTION | COURSE | YEAR | |
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| Complete or strike out each of (a) and (b) as necessary. | ||
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Overall | Section minimum score | ||
8 | 7 listening 7 reading 8 writing 7.5 speaking | ||
Consider each of the following declarations carefully and
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Individually sign each box OR strike out the declaration | |||
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Disclosure
Sign or strike out the declaration | |
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Authorisation
Sign only | |
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Signature
Sign and date | |
The above information and declarations I have given in this form are true and complete | // |
The contents of this application may be disclosed to law admitting authorities and law regulatory bodies. | |||
Scheduled admission ceremony preferred | Insert date. | ||
SURNAME | TITLE | ||
GIVEN NAMES | DATE OF BIRTH | ||
ADDRESS | |||
HOME TELEPHONE NUMBER | WORK TELEPHONE NUMBER | ||
MOBILE NUMBER | FACSIMILE NUMBER | ||
EMAIL ADDRESS | |||
I have previously been admitted as a lawyer in the following jurisdiction(s). | |||
I attach an original certificate not more than 35 days old from the admitting authority in each jurisdiction in which I have been admitted, showing the date of my admission and that I am in good professional standing in that jurisdiction. | |||
| Complete or strike out each of (a), (b), (c) and (d) as necessary. | ||
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UNIVERSITY | DEGREE | YEAR | |
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UNIVERSITY | DEGREE | YEAR | |
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| Complete or strike out each of (a), (b) and (c) as necessary. | ||
INSTITUTION | COURSE | YEAR | |
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| Complete or strike out each of (a) and (b) as necessary. | ||
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Overall | Section minimum score | ||
8 | 7 listening 7 reading 8 writing 7.5 speaking | ||
Consider each of the following declarations carefully and:
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Individually sign each box OR strike out the declaration | |||
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Sign or strike out the declaration | |
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Authorisation
Sign only | |
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Signature
Sign and date | |
The above information and declarations I have given in this form are true and complete | // |
The contents of this application may be disclosed to law admitting authorities and law regulatory bodies. | |||
SURNAME | TITLE | ||
GIVEN NAMES | DATE OF BIRTH | ||
ADDRESS | |||
HOME TELEPHONE NUMBER | WORK TELEPHONE NUMBER | ||
MOBILE NUMBER | FACSIMILE NUMBER | ||
EMAIL ADDRESS | |||
I was admitted as a in New South Wales on My name was struck from the roll on by order of the | |||
I have previously been admitted as a lawyer in the following jurisdiction(s) outside New South Wales. | |||
I attach the following documents.
Please note: There is no specific requirement as to the number of attachments necessary. |
5. Declarations
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Individually sign or mark with an “X” | |
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• 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.
(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.
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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.
(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.
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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.
Element | Performance criteria |
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In the Performance criteria for Element 1, “criminal matter” includes:
• traffic offences;
• domestic violence and apprehended violence orders;
• drink driving;
• drug offences.
(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 |
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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.
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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.
(a) advise and take action in relation to parenting 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.
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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.
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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.
(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.
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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.
(a) investigate and analyse facts and law;
(b) provide legal advice; and
(c) solve legal problems.
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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.
(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.
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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.
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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.
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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.
Element | Performance criteria |
The lawyer has competently: | |
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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.
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