Legal Profession Uniform Admission Rules 2015 (NSW)
These Rules are designated as Admission Rules and may be cited as the Legal Profession Uniform Admission Rules 2015.
These Rules come into operation on 1 July 2015.
The objective of these Rules is to provide for aspects of admission to the legal profession in participating jurisdictions including—
(a) specifying the academic qualifications prerequisite and practical legal training prerequisite for admission,
(b) accrediting law courses and providers of practical legal training, and
(c) procedural requirements for admission to the legal profession.
These Rules are made by the Legal Services Council under Part 9.2 of the Uniform Law.
In these Rules, unless the context or subject matter otherwise indicates or requires—
(a) a person who is in a registered domestic relationship with the applicant, or
(b) a person to whom the applicant is not married but with whom the applicant is, or has previously been, living as a couple on a genuine domestic basis (irrespective of gender).
For the purposes of section 17 (1) (a) of the Uniform Law, subject to these Rules, the specified academic qualifications prerequisite is successfully completing a tertiary academic course in Australia, whether or not leading to a degree in law, which—
(a) includes the equivalent of at least 3 years’ full-time study of law,
(b) is accredited by the Board, and
(c) the Board determines will provide for a student to acquire and demonstrate appropriate understanding and competence in each element of the academic areas of knowledge set out in Schedule 1, or otherwise determined by the Admissions Committee after consulting each of the Boards.
If an applicant has attained the specified academic qualifications prerequisite referred to in subrule (1) more than 5 years before applying for a compliance certificate, the Board, after assessing the applicant’s academic qualifications and any other relevant experience, may require the applicant to—
(a) undertake any further academic subjects,
(b) pass any further examinations, and
(c) apply for a compliance certificate within any period,
determined by the Board.
For the purposes of section 17 (1) (b) of the Uniform Law, subject to these Rules, the specified practical legal training prerequisite is acquiring and demonstrating an appropriate understanding and competence in each element of the skills, values and practice areas—
(a) set out in Schedule 2, or
(b) otherwise determined by the Admissions Committee after consulting each of the Boards.
The requirement may be satisfied by successfully completing either—
(a) a practical legal training course conducted by a practical legal training provider accredited by the Board, or
(b) supervised legal training in a workplace for a period of not less than 12 months, under a training plan approved by the Board, which the Board determines adequately provides for the trainee to satisfy the requirements of subrule (1).
A person is eligible to commence training referred to in subrule (2) in the circumstances set out in item 4 of Schedule 2, or when otherwise determined by the Board.
If an applicant has completed the specified practical legal training prerequisite referred to in subrule (1) more than 5 years before applying for a compliance certificate, the Board, after assessing the applicant’s practical legal training qualifications and any other relevant experience, may require the applicant to—
(a) undertake any further practical legal training, and
(b) apply for a compliance certificate within any period,
determined by the Board.
For the Uniform Law, section 419(3), this rule applies in addition to the Uniform Law, section 18.
When considering whether to grant an exemption under the Uniform Law, section 18, the Board must have regard to the following—
(a) for a foreign lawyer who has practised foreign law for a total of at least 7 years—
(i) the extent to which the legal system and regulatory framework of the relevant foreign country are substantially equivalent to the legal system and regulatory framework of this jurisdiction, and
(ii) the number of years the applicant has practised foreign law, and
(iii) the type of legal practice the applicant has engaged in, and
(iv) the nature of the applicant’s previous work, including the applicant’s level of responsibility,
(b) for a foreign lawyer who has not practised foreign law for a total of at least 7 years—the extent to which the foreign lawyer’s—
(i) academic qualifications are substantially equivalent to the specified academic qualifications prerequisite, and
(ii) practical legal training is substantially equivalent to the specified practical legal training prerequisite,
(c) any direction given by the Board under rule 11.
For subrule (2), time spent working under the supervision of a foreign lawyer to fulfil a requirement for registration or authorisation to engage in legal practice in a foreign country is taken to be time spent practising foreign law if the legal system and regulatory framework of the foreign country are substantially equivalent to the legal system and regulatory framework of this jurisdiction.
Nothing in subrule (2) prevents the Board from considering other matters when deciding whether to grant an exemption under the Uniform Law, section 18.
In this rule—
For the purposes of section 29 of the Uniform Law, the Board may, from time to time in accordance with this rule, accredit either or both of the following—
(a) a law course for the purpose of providing the academic qualifications prerequisite specified in rule 5 (1),
(b) a practical legal training provider for the purpose of providing the practical legal training prerequisite specified in rule 6 (1).
In considering whether to accredit a course or provider referred to in subrule (1), the Board—
(a) must take into account any appraisal criteria for such courses or providers from time to time endorsed for use in other Australian jurisdictions, and
(a1) must take into account any report of a review conducted under rule 8 in relation to the course or provider, and
(b) may have regard to any other matter it considers material.
The Board may accredit a course or provider referred to in subrule (1) on any conditions that it may specify, including without limitation any condition relating to the duration of accreditation.
Unless the Board determines otherwise, any law course or practical legal training provider that is recognised by another Australian jurisdiction as—
(a) satisfying either or both the academic requirements and the practical legal training requirements for admission in that jurisdiction, and
(b) requiring a student successfully to complete either or both of the academic qualifications prerequisite specified in rule 5 (1) and the practical legal training prerequisite specified in rule 6 (1),
is deemed respectively to be accredited by the Board under this rule, provided that the Board is also satisfied that—
(c) the relevant law course is in all significant respects substantially equivalent to law courses accredited under subrule (1) (a) in this jurisdiction, or
(d) the practical legal training provided by the relevant practical legal training provider is in all significant respects substantially equivalent to practical legal training provided by practical legal training providers accredited under subrule (1) (b) in this jurisdiction,
as the case requires.
The Board must publish on its website the name of each course or provider from time to time accredited by it under subrule (1).
The Board may accredit any law course or practical legal training provider that provides either or both of the specified academic qualifications prerequisite or the specified practical legal training prerequisite wholly or partly on-line.
The Board may, as the Board thinks fit, by notice in writing to a law course provider or a practical legal training provider—
(a) in the case of a law course provider, withdraw the accreditation of any law course offered by that provider, or
(b) in the case of a practical legal training provider, withdraw the accreditation of that provider, or
(c) in either case, impose or vary any condition attached to that accreditation.
It is a condition of the accreditation of any law course or practical legal training provider that, unless the Board determines otherwise, the costs of any accreditation, monitoring or review are borne by the relevant provider.
The Board must monitor and may review any aspect of the performance of—
(a) an accredited law course in providing the specified academic qualifications prerequisite, and
(b) an accredited practical legal training provider in providing the specified practical legal training prerequisite.
A review under subrule (1) may be conducted for the purposes of considering whether—
(a) to accredit a law course or practical legal training provider, or
(b) to impose a condition on, or vary a condition attached to, the accreditation of a law course or practical legal training provider.
The Board may, after consulting the relevant provider of a law course or practical legal training course—
(a) appoint one or more persons to conduct a review referred to in subrule (1), and
(b) determine the terms of reference for such a review.
A review conducted under subrule (1)—
(a) in the case of a review conducted for the purposes of considering whether to accredit a law course or practical legal training provider—must take into account any appraisal criteria for law courses, practical legal training courses or practical legal training providers from time to time endorsed for use in other Australian jurisdictions, and
(b) in the case of any review—may have regard to any other matter it considers material.
The provider of a law course referred to in subrule (1) (a) or a practical legal training provider referred to in subrule (1) (b) must, at its cost, provide such information to the Board or its reviewer as the Board or reviewer may require for the purpose of any monitoring or review carried out under this rule.
The Board—
(a) must give a copy of any report received by it as a result of a review conducted under subrule (1) to the relevant provider conducting the law course or practical legal training course, and
(b) may publish a copy or summary of that report on the Board’s website.
The Board may determine whether supervised legal training may be undertaken for the purposes of rule 6 (2) (b) in this jurisdiction.
If the Board makes a determination under subrule (1), Schedule 3 applies.
For the purposes of section 17 (2) (b) of the Uniform Law, the following matters are specified as matters to which the Board must have regard—
(a) any statutory declaration as to the person’s character, referred to in rule 16,
(b) any disclosure statement made by the person under rule 17,
(c) any police report provided under rule 18,
(d) any student conduct report provided under rule 19,
(e) any certificate of good standing provided under rule 20,
(f) whether the person is currently of good fame and character,
(g) whether the person is or has been a bankrupt or subject to an arrangement under Part 10 of the Bankruptcy Act or has been an officer of a corporation that has been wound up in insolvency or under external administration,
(h) whether the person has been found guilty of an offence including a spent offence in Australia or in a foreign country, and if so—
(i) the nature of the offence, and
(ii) how long ago the offence was committed, and
(iii) the person’s age when the offence was committed,
(i) whether the person has been the subject of any disciplinary action, howsoever expressed, in any profession or occupation in Australia or in a foreign country,
(j) whether the person has been the subject of disciplinary action, howsoever expressed, in any profession or occupation that involved a finding adverse to the person,
(k) whether the person is currently unable satisfactorily to carry out the inherent requirements of practice as an Australian legal practitioner,
(l) whether the person has a sufficient knowledge of written and spoken English to engage in legal practice in this jurisdiction.
The Board may require a person to—
(a) take an examination, and
(b) obtain a result in that examination,
specified by the Board for the purposes of subrule (1) (l).
The following persons may apply to the Board for a direction under this rule—
(a) a person who has wholly or partially completed the academic requirements for registration or authorisation to engage in legal practice in a foreign country,
(b) a foreign lawyer.
The Board may give a direction about the following matters—
(a) whether or not the person’s academic qualifications and practical legal training obtained overseas are sufficient to render the person eligible for admission,
(b) if the person’s academic qualifications or practical legal training obtained overseas are not sufficient to render the person eligible for admission—guidance as to additional qualifications or training that the person needs to acquire.
The Uniform Law, section 18 provides that the Board may exempt a person from satisfying the specified academic qualifications prerequisite or specified practical legal training prerequisite, or both, if the Board is satisfied that the person has sufficient legal skills or relevant experience so as to render the person eligible for admission.
Under the Uniform Law, section 19(3)(a), the Board may issue a compliance certificate for an applicant for the purposes of admission only if satisfied that the applicant—
(a) has satisfied the specified academic qualifications prerequisite and the specified practical legal training prerequisite, or
(b) is exempted under section 18.
For the purposes of section 19 (1) of the Uniform Law, an application for a compliance certificate must—
(a) be made by statutory declaration in a form determined by the Board, and
(b) include any documents required by rules 15, 16, 17, 18, 19 or 20.
For the purposes of section 19 (6) and section 19 (9) of the Uniform Law, the Board must ensure that notice is published on the Board’s website of the name of every person who makes an application for a compliance certificate, promptly after the Board receives that application.
In this rule—
(a) is admitted, and
(b) at the time of seeking registration in Victoria under the mutual recognition legislation, is entitled or eligible to practise,
as a legal practitioner in New Zealand.
If the Supreme Court of Victoria advises the Board that a person who is a New Zealand practitioner is seeking registration in Victoria under the mutual recognition legislation, the Board may make any enquiries it sees fit concerning that person’s proposed registration.
If the Board is satisfied that such documents as are provided to the Board by the Supreme Court comply with the mutual recognition legislation, it must issue a compliance certificate, in a form determined by the Board, stating that the New Zealand practitioner appears to be entitled to be admitted to the legal profession in Victoria.
If the Board is not satisfied of the matters referred to in subrule (3), it must refer the notice and accompanying documents to the Supreme Court for determination, in accordance with the mutual recognition legislation.
In New South Wales, the admission of New Zealand practitioners is dealt with in the Supreme Court Rules.
An application for a compliance certificate by a person whose name has previously been removed from the Supreme Court roll must, in addition to meeting the requirements of rule 12, set out—
(a) the circumstances which led to the applicant’s name being removed from the Supreme Court roll,
(b) the applicant’s views about those circumstances and the decision to remove the applicant’s name from that roll,
(c) events which tend to re-establish the applicant’s good fame and character,
(d) the applicant’s law-related experience since the applicant’s name was removed from that roll,
(e) any other matters that the applicant considers relevant to the application.
The Board must provide a copy of any application made under subrule (1) to the designated local regulatory authority responsible for issuing practising certificates in this jurisdiction.
If the Board issues a compliance certificate to a person referred to in subrule (1), it may provide a written report to the Supreme Court setting out the nature of the application and the Board’s reasons for issuing the certificate.
An application for a compliance certificate must include—
(a) an original academic transcript setting out the results obtained by the applicant in the academic qualification on which the applicant relies as complying with the requirements of rule 5 (1),
(b) an original certificate of successful completion of any practical legal training course on which the applicant relies as complying with the requirements of rule 6 (1).
Where an applicant relies on supervised legal training as complying with the requirements of rule 6 (1), the application must include—
(a) a statutory declaration, in a form determined by the Board, by the person who executed the applicant’s training plan on behalf of the trainee’s employer, or that person’s nominee,
(b) the work diary kept by the trainee under clause 6 (1) (d) of Schedule 3, that has been certified as being correct by—
(i) the person referred to in paragraph (a), and
(ii) the applicant,
(c) an original certificate by an institution or body referred to in clause 6 (1) (c) of Schedule 3 that the applicant has successfully completed assessment in the elements referred to in that paragraph, and
(d) a statutory declaration, in a form determined by the Board, by—
(i) each person who acted as a supervisor of the applicant, and
(ii) the applicant.
Except for an application referred to in subrule (2), an application for a compliance certificate must include 2 statutory declarations as to the applicant’s character made by persons who are not related to the applicant by blood, marriage or as a domestic partner.
An application for a compliance certificate by any person who is or has been a legal practitioner in a foreign jurisdiction must include 2 statutory declarations as to the applicant’s character made by persons with whom the applicant has been associated in legal practice in that jurisdiction.
Unless the Board determines some other period, a person making a statutory declaration under this rule must have known the applicant for a period of at least 2 years.
A person making a statutory declaration under this rule must—
(a) have read any disclosure made by the applicant under rule 17 (1), and
(b) attest to that fact in the statutory declaration.
Subrule (4) does not apply to any disclosure made under rule 17 (4).
The Board may require an applicant to provide any other evidence determined by the Board about the applicant’s fame and character, before determining whether the applicant satisfies the requirements of section 17 (1) (c) of the Uniform Law.
An application for a compliance certificate must include a statutory declaration by the applicant disclosing any matter to which a reasonable applicant would consider that the Board might regard as not being favourable to the applicant when considering whether the applicant is currently of good fame and character and a fit and proper person to be admitted to the Australian legal profession.
It is the duty of every applicant to make a full and complete disclosure of every matter referred to in subrule (1).
Any application including a statutory declaration under subrule (1) must also include original or certified copies of any available documentary evidence relating to any matter disclosed.
A person may make any disclosure relating to that person’s physical or mental capacity in a separate statutory declaration from that referred to in subrule (1).
The Boards may jointly determine Disclosure Guidelines for applicants for admission relating to matters to be disclosed under this rule.
If Disclosure Guidelines have been determined under subrule (5), any statutory declaration made under subrule (1) or (4) must include a statement that the applicant has read and understood those Disclosure Guidelines.
If Disclosure Guidelines have been determined under subrule (5), an applicant who does not make a statutory declaration under subrule (1) or (4) must include the following statement in any application for a compliance certificate—
I have read and understood the Disclosure Guidelines for applicants for admission. I further state that I am and always have been of good fame and character. I am not aware of any matter or circumstance that might affect my suitability to be admitted as an Australian lawyer and an officer of the Court.
An application for a compliance certificate must be accompanied by a report from police in Australia on the applicant’s criminal history in Australia, prepared within 6 months before the application is made.
If the Board so requires, the applicant must obtain and provide to the Board a report from police in any country or jurisdiction determined by the Board, on the applicant’s criminal history.
An application for a compliance certificate must include a report by—
(a) any tertiary academic institution at which the applicant obtained the academic qualification upon which the applicant relies as satisfying the requirements of rule 5 (1), and
(b) any practical legal training provider attended by the applicant,
about the conduct of the applicant.
A report under subrule (1) must reveal—
(a) whether or not the applicant was the subject of any disciplinary action, howsoever described, taken by the institution or the provider, and
(b) the outcome of any such disciplinary action, and
must be prepared within 6 months before the application is made.
If the Board so requests in writing, the applicant must take all reasonable steps to cause the institution or practical legal training provider referred to in subrule (1) to provide for inspection or copying by the Board any documents that are relevant to the Board’s consideration of any disciplinary action referred to in subrule (2).
An application for a compliance certificate made by a person who has been admitted to the legal profession in an Australian non-participating jurisdiction or a foreign jurisdiction must include a statement by the relevant professional body in that jurisdiction that the applicant—
(a) is a member of the legal profession in good standing, and
(b) is not subject to any current or pending disciplinary matters,
made within 2 months before the application is made.
Every application made under section 21 (1) of the Uniform Law must—
(a) be made by statutory declaration in a form determined by the Board,
(b) include a disclosure statement referred to in rule 17, as if the application were an application for a compliance certificate, and
(c) include any documents referred to in rules 15, 16, 18, 19 and 20 that may reasonably be regarded as relevant by the Board when considering the circumstances of the applicant and the application.
For the purposes of determining whether an applicant for admission—
(a) has complied with these Rules, or
(b) is a fit and proper person to be admitted to the Australian legal profession,
the Board may—
(c) in addition to information referred to in section 437 of the Uniform Law, seek and obtain any further information it may require from an institution providing the specified academic qualifications prerequisite or specified practical legal training prerequisite to the applicant, on which the applicant relies, and
(d) require the applicant to appear in person before the Board, or a committee of the Board.
In any application for a compliance certificate the applicant must authorise the Board to obtain the further information referred to in subrule (1) (c), in the terms determined by the Board.
If there is material before the Board to indicate, on reasonable grounds, that an applicant for a compliance certificate may be currently unable, for reasons of health, satisfactorily to carry out the inherent requirements of practice as an Australian legal practitioner, the Board may require the applicant to provide a health report to the Board.
A health report must be—
(a) prepared by a registered medical practitioner,
(b) about the applicant’s ability satisfactorily to carry out the inherent requirements of practice as an Australian legal practitioner, and
(c) provided by a date nominated by the Board.
If either—
(a) a health report is not provided by the date nominated by the Board, or
(b) the Board reasonably considers that any health report provided by the applicant is insufficient for the Board to form a view whether or not the applicant is currently unable, for reasons of health, satisfactorily to carry out the inherent requirements of practice as an Australian legal practitioner,
the Board may—
(c) require the applicant to undergo a health assessment, and
(d) appoint one or more appropriately-qualified persons (one of whom must be a registered medical practitioner) as a health assessor to conduct all or part of that health assessment.
The Board—
(a) must inform the applicant in writing if a health assessment is required, setting out—
(i) the name and qualifications of the health assessor, and
(ii) the date (at least 28 days after the date of the written notice), time and place for the assessment, each of which must be reasonable having regard to the circumstances of the applicant, as known to the Board, and
(b) may disclose to the health assessor any information in the Board’s possession that the Board considers relevant to the health assessment, including any documents included in the application for a compliance certificate.
A requirement under rule 23 (3) to undergo a health assessment is not satisfied unless the health assessor conducting the assessment—
(a) prepares a report setting out the health assessor’s findings as to whether, and to what extent, the applicant is currently unable, for reasons of health, satisfactorily to carry out the inherent requirements of practice as an Australian legal practitioner,
(b) gives a copy of the report to the Board,
(c) if the health assessor considers that disclosing to the applicant the information set out in the report is unlikely to be prejudicial to the applicant’s health or well-being, gives a copy of the report to the applicant,
(d) if the health assessor considers that disclosing the information to the applicant is likely to be prejudicial, gives a copy of the report to a registered medical practitioner nominated by the applicant.
A report prepared under this rule, or evidence about a report or its contents, is confidential and may not be disclosed to any person except where permitted by law or with the consent of the applicant.
If the Board so requires, a person applying for a compliance certificate must take all reasonable steps to cause any document or certificate, that is to be provided to the Board by a third person under these Rules, to be provided directly to the Board.
A compliance certificate issued by the Board under section 19 of the Uniform Law must be in a form jointly determined by the Boards.
The Board may, subject to any conditions it thinks fit, dispense with or vary any requirement of these Rules if the Board is satisfied that to do so will not materially detract from—
(a) any of the prerequisites for the issue of a compliance certificate set out in section 17 of the Uniform Law, or
(b) any other requirement of the Uniform Law or these Rules relating to the issue of a compliance certificate.
Subject to the Uniform Law and these Rules, the Board may determine the form and required content of any application or other document to be provided to the Board under these Rules.
The Board may review, vary or set aside any decision of the Board, or of any committee, sub-committee or delegate of the Board, or anything done under the authority of any of them, in the circumstances and in the manner determined by the Board.
The Board may establish, and determine the terms of reference of, any committee or sub-committee and may, if jurisdictional legislation in this jurisdiction so allows, delegate any function of the Board to a committee or sub-committee.
The Board may—
(a) in determining whether a law course or practical legal training course complies with the requirements of rule 5 (1) or 6 (1), act on a certificate relating to that matter provided by the head of a law course or of a practical legal training provider respectively accredited under these Rules for the purpose of rule 5 (1) or 6 (1), as the case requires,
(b) in determining any matter under these Rules, act on the report of a committee of the Board.
In this rule,
Anything done by the Legal Profession Admission Board, the Council of Legal Education, the Board of Examiners or by any of their respective committees, sub-committees or delegates, or under the authority of any of them, under the former rules—
(a) continues to have effect as if the former rules had not ceased to have effect,
(b) insofar as the thing could be done by the Board under these Rules, has effect as if it had been done by the Board and may be varied or set aside by the Board.
Without limiting subrule (2)—
(a) the course for the Diploma in Law granted under rule 80 and the course for any law degree accredited under Part 6 of the New South Wales former rules is each taken to be accredited as a course under rule 7 (1) (a) for the purposes of rule 5 (1),
(b) any course of study approved under rule 2.04 of the Victorian former rules is taken to be accredited under rule 7 (1) (a) as a course for the purposes of rule 5 (1),
(c) any practical legal training provider conducting a practical legal training course set out in the Fourth Schedule to the New South Wales former rules is taken to be accredited under rule 7 (1) as a practical legal training provider for the purposes of rule 6 (2) (a), conducting that practical legal training course,
(d) any PLT provider approved under rule 3.02 (1) of the Victorian former rules is taken to be accredited under rule 7 (1) as a practical legal training provider for the purposes of rule 6 (2) (a),
(e) any training course approved under rule 3.04 (1) of the Victorian former rules is taken to be a practical legal training course conducted by an accredited practical legal training provider for the purposes of rule 6 (2) (a).
The Board may make any determination or direction it considers necessary to resolve any issue arising as a result of these Rules operating to succeed the former rules.
The objective of this Schedule is—
(a) to incorporate, and
(b) to adapt, as far as is practicable and convenient for the purpose of these Rules, the form of,
the Prescribed Areas of Knowledge published by the Law Admissions Consultative Committee as Schedule 1 to the Law Admissions Consultative Committee’s Uniform Admission Rules 2014.
Although the topics below are grouped for convenience under the headings of particular areas of knowledge, there is no implication that a topic needs to be taught in a subject covering the area of knowledge in the heading rather than in another suitable subject.
Either the following topics—
(a) The definition of crime
(b) Elements of crime
(c) Aims of the criminal law
(d) Homicide and defences
(e) Non-fatal offences against the person and defences
(f) Offences against property
(g) General doctrines
(h) Selected topics chosen from—
(i) attempts
(ii) participation in crime
(iii) drunkenness
(iv) mistake
(v) strict responsibility,
(i) Elements of criminal procedure. Selected topics chosen from—
(i) classification of offences
(ii) process to compel appearance
(iii) bail
(iv) preliminary examination
(v) trial of indictable offences,
or topics of such breadth and depth as to satisfy the following guidelines—
• The topics should provide knowledge of the general doctrines of the criminal law and, in particular, examination of both offences against the person and against property. Selective treatment should also be given to various defences and to elements of criminal procedure.
Either the following topics—
(a) Negligence, including defences
(b) A representative range of torts (other than negligence) and their defences
(c) Damages
(d) Concurrent liability
(e) Compensation schemes,
or topics of such breadth and depth as to satisfy the following guidelines—
• The potential compass of this area is so large that considerable variation might be anticipated. At the very least, there should be a study of negligence and of a representative range of torts, with some consideration of defences and damages, and of alternative methods of providing compensation for accidental injury. Examples of these topics are: concurrent liability, defamation, economic torts, nuisance, breach of statutory duty and compensation schemes.
Either the following topics—
(a) Formation, including capacity, formalities, privity and consideration
(b) Content and construction of contract
(c) Vitiating factors
(d) Discharge
(e) Remedies
(f) Assignment,
or topics of such breadth and depth as to satisfy the following guidelines—
• Some variation may be expected in the breadth and detail of the topics. In general, however, knowledge of the formal requirements for concluding contracts, capacity, the content and interpretation of contracts, their performance and discharge, and available remedies, together with an understanding of the broad theoretical basis of contract would be expected.
Either the following topics—
(a) Meaning and purposes of the concept of property
(b) Possession, seisin and title
(c) Nature and type (ie fragmentation) of proprietary interests
(d) Creation and enforceability of proprietary interests
(e) Legal and equitable remedies
(f) Statutory schemes of registration
(g) Acquisition and disposal of proprietary interests
(h) Concurrent ownership
(i) Proprietary interests in land owned by another
(j) Mortgages,
or topics of such breadth and depth as to satisfy the following guidelines—
• The topics should provide knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity. Statutory schemes of registration for both general law land and Torrens land should be included. A variety of other topics might be included, eg, fixtures, concurrent interests and more detailed treatment of such matters as sale of land, leases, mortgages, easements, restrictive covenants, etc.
The following topics—
(a) The nature of equity
(b) Equitable rights, titles and interests
(c) Equitable assignments
(d) Estoppel in equity
(e) Fiduciary obligations
(f) Unconscionable transactions
(g) Equitable remedies
Either Trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts.),
or Topics of such breadth and depth as to satisfy the following guidelines—
• The topics should cover the elements of trust law, equitable doctrines apart from those relating to trusts, and equitable remedies. The following aspects of trust law should be dealt with: various kinds of trusts; the rights, duties and powers of trustees; the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered, for example, fiduciary obligations, equitable assignments, unconscionability and confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included. (It is expected that about half the course will be devoted to trusts.)
Either the following topics—
(a) Corporate personality
(b) The incorporation process
(c) The corporate constitution
(d) Company contracts
(e) Administration of companies and management of the business of companies
(f) Duties and liabilities of directors and officers
(g) Share capital and membership
(h) Members’ remedies
(i) Company credit and security arrangements
(j) Winding up of companies,
or topics of such breadth and depth as to satisfy the following guidelines—
• The topics should include an analysis of incorporation and its effects, management and control of a company, the various methods of financing—by the issue of shares and by debt—and the processes of winding up a company.
Either the following topics—
(a) Organisation and structure of the administration
(b) Administrative law theory
(c) Common law and statutory avenues of judicial review at Commonwealth and State level
(d) Grounds of judicial review
(e) Remedies
(f) Crown immunity
(g) Administrative Review Tribunal
(h) Statutory review
(i) Freedom of information,
or Topics of such breadth and depth as to satisfy the following guidelines—
• The topics should not only embrace traditional common law remedies concerning judicial review of administrative action, but should also cover the range of Commonwealth and State statutory regimes.
Either the following topics—
(a) State constitutions and constitutional systems
(b) The Commonwealth Constitution and constitutional system
(c) The constitution and operation of the legislature, executive and judiciary
(d) The relationship between the different institutions of government and the separation of powers
(e) The relationship between the different levels of government,
or topics of such breadth and depth as to satisfy the following guidelines—
• The topics should include knowledge of the major principles of both the relevant State or Territory Constitution and the Commonwealth Constitution, including the relations between the different Commonwealth and State or Territory laws. A general knowledge of the scope of both State or Territory and Commonwealth Constitutions is required, although the topics will differ in the depth of treatment of specific heads of power, particularly in the Commonwealth sphere.
Either the following topics—
(a) Court adjudication under an adversary system
(b) The cost of litigation and the use of costs to control litigation
(c) Service of originating process—as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum
(d) Joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdict
(e) Defining the questions for trial—pleadings, notices to admit and other devices
(f) Obtaining evidence—discovery of documents, interrogatories, subpoena and other devices
(g) Disposition without trial, including the compromise of litigation
(h) Extra-judicial determination of issues arising in the course of litigation
(i) Judgment
(j) Appeal
(k) Enforcement
(l) Alternative dispute resolution
(m) Obligations of parties and practitioners relating to the resolution of disputes,
or topics of such breadth and depth as to satisfy the following guidelines—
• The topics should embrace the general study of rules of civil procedure and alternative dispute resolution relevant in the State or Territory. The law concerning jurisdiction, the initiation and service of process, the definition of issues through pleadings and judgment and enforcement should all be included.
The following topics are fundamental to understanding the major features of evidence law and procedure, both statutory and common law, and the major sources of judicial interpretation relevant to a general study of the role, sources and foundation of the law of evidence and trial procedure, of pre-trial obligations and of rules concerning the burden and standard of proof. These topics explicitly take into account the language of procedural changes created by the common law and uniform evidence law in Australia, including High Court jurisprudence that is indispensable to understanding the conduct of a trial.
The following topics—
(a) Introduction—
(i) the relevant sources of the law of evidence and procedure
(ii) fair trials, proof and adversarialism, including principles underpinning accusatorial justice
(iii) evidentiary issues to be addressed before trial—disclosure, notices and requests
(b) Forms of evidence—
(i) witnesses—competence and compellability—
(A) the examination of witnesses, including vulnerable witnesses
(B) the accused as a witness, including the privilege against self-incrimination
(ii) documentary evidence, including proof of contents
(iii) real evidence
(c) Evidentiary principles and rules, and exceptions to the rules—
(i) relevance
(ii) original evidence including res gestae
(iii) hearsay evidence
(iv) opinion evidence
(v) admissions and confessions
(vi) tendency and coincidence evidence
(vii) credibility evidence
(viii) character evidence
(d) The bases for privilege including legal professional and client privilege
(e) Judicial warnings, comment and directions
(f) Mandatory and discretionary exclusions and the limitations on evidence.
Either the following topic—
• Professional and personal conduct in respect of a practitioner’s duty—
(a) to the law,
(b) to the Courts,
(c) to clients, including a basic knowledge of the principles relating to the holding of money on trust, and
(d) to fellow practitioners,
or topics of such breadth and depth as to satisfy the following guidelines—
• The topics should include knowledge of the various pertinent rules concerning a practitioner’s duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles relating to the holding of money on trust.
The objective of this Schedule is—
(a) to incorporate, and
(b) to adapt, as far as is practicable and convenient for the purpose of these Rules, the form of,
the PLT Competency Standards for Entry-level Lawyers published by the Law Admissions Consultative Committee, which came into effect on 1 January 2015.
In this Schedule—
The following principles apply when interpreting Part 4.
(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 a clause for that Element, and
(ii) by attaining equivalent Performance criteria in the course of undertaking another Practice Area set out in Part 4.
(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 simulated exercise offered, and assessed in accordance with clause 9 (a), by a PLT provider or SLT 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 SLT provider in accordance with clause 9 (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.
Every applicant is required to satisfy the Board that the applicant has achieved the prescribed competence in the Skills, Compulsory and Optional Practice Areas and Values set out in Part 4 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 subclause (2), 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 Estates Practice.
• Values Ethics and Professional Responsibility
Subclause (1) applies to every applicant who has undertaken PLT in Australia, whether by completing a PLT course, undertaking SLT, or any combination thereof approved by the Board.
An applicant may commence PLT—
(a) in the case of SLT, only after the applicant has completed a law course, accredited, or deemed to be accredited, under rule 7,
(b) in the case of a PLT course that is not integrated with the applicant’s academic study of law, only after the applicant has completed a law course accredited, or deemed to be accredited, under rule 7, unless the applicant has no more than two academic subjects to complete—
(i) neither of which is one of the academic areas of knowledge set out in Schedule 1, and
(ii) for which the applicant must be enrolled while undertaking the PLT course,
and the applicant has received the prior permission of the Board to commence the PLT course.
Despite subclause (1), an applicant may undertake an integrated program of academic study and PLT that requires the equivalent of 3 years’ full-time academic study of law, apart from the time required to undertake the PLT components of the program, and—
(a) the academic study is part of a law course accredited, or deemed to be accredited, by the Board under rule 7, and
(b) the PLT is conducted by a PLT provider accredited, or deemed to be accredited, by the Board under rule 7.
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 a diploma that is equivalent to at least a Level 8 qualification under the Australian Qualifications Framework, 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 SLT the equivalent of at least 12 months’ full-time work which includes a minimum of at least 90 hours’ programmed training,
(d) For the purposes of paragraphs (a) and (b), one day comprises 7 working hours.
The requirements in clauses 5, 7, 8, 9 and 10 apply to both PLT courses and SLT.
PLT must be provided at a level equivalent to post-graduate training 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.
The level referred to in subclause (1) is a level appropriate for at least a Level 8 Qualification under the Australian Qualifications Framework.
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.
Each form of PLT must employ comprehensive methods, appropriate to post-graduate training, of—
(a) assessing an applicant’s competence, and
(b) certifying whether or not an applicant has demonstrated the requisite level of competence,
in each relevant Skill, Practice Area and Value.
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.
All PLT providers and SLT 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.
Clause 2 (2) sets out principles of interpretation that apply to this Part.
(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 |
|
2 Obtaining review of administrative decisions |
|
3 Representing a client |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Preliminary investigation |
|
2 Planning |
|
3 Documentation |
|
4 Due Diligence |
|
5 Finalisation |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Assessing the merits of a case and identifying dispute resolution alternatives |
|
2 Advising on costs of litigation |
|
3 Initiating and responding to claims |
|
4 Taking and responding to interlocutory and default proceedings |
|
5 Gathering and presenting evidence |
|
6 Negotiating settlements |
|
7 Taking action to enforce orders and settlement agreements |
|
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.
(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 commercial transactions |
|
2 Setting up commercial structures |
|
3 Dealing with loans and securities |
|
4 Advising on revenue law and practice |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Obtaining information |
|
2 Drafting documents |
|
3 Initiating and responding to claims |
|
4 Representing the client |
|
5 Taking action to implement outcomes |
|
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 |
The lawyer has competently— | |
1 Providing advice |
|
2 Applying for bail |
|
3 Making pleas |
|
4 Representing a client in minor matters |
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5 Assisting to prepare cases for trial |
|
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 |
The lawyer has competently— | |
1 Assessing the merits of the dispute and identify the dispute resolution alternatives |
|
2 Advising client on procedures |
|
3 Commencing negotiations |
|
4 Initiating and responding to proceedings |
|
5 Representing the client |
|
6 Taking action to implement outcomes |
|
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 2, “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.
Element | Performance criteria |
The lawyer has competently— | |
1 Acting ethically |
|
2 Knowing when to raise ethical problems with others |
|
3 Discharging the legal duties and obligations of legal practitioners |
|
4 Complying with professional conduct rules |
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5 Complying with fiduciary duties |
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6 Avoiding conflicts of interest |
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7 Acting courteously |
|
8 Complying with rules relating to the charging of fees |
|
9 Being aware of the importance of pro bono contributions |
|
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 3, “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 6, “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.
Element | Performance criteria |
The lawyer has competently— | |
1 Advising on matters relating to children and property |
|
2 Representing a client in matters relating to children and property |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Communicating effectively |
|
2 Cross-cultural awareness |
|
3 Interviewing clients |
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4 Writing letters |
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5 Drafting other documents |
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6 Negotiating settlements and agreements |
|
| |
7 Facilitating early resolution of disputes |
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8 Representing a client in a legal forum |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Assessing the merits of the matter and advising the client |
|
2 Preparing planning applications or objections |
|
3 Initiating or responding to environmental claims |
|
4 Representing the client in resolving a planning matter or environmental claim |
|
5 Implementing outcomes |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Analysing facts and identifying issues |
|
2 Analysing law |
|
3 Providing legal advice |
|
4 Generating solutions and strategies |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Transferring title |
|
2 Creating leases |
|
3 Creating and releasing mortgages |
|
4 Advising on land use |
|
5 Advising on revenue implications |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Understand relevant fiduciary and other duties |
|
2 Receiving money |
|
3 Making outlays |
|
4 Rendering costs |
|
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.
Element | Performance criteria |
The lawyer has competently— | |
1 Drafting wills |
|
2 Administering deceased estates |
|
3 Taking action to resolve wills and estates problems |
|
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— | |
1 Managing personal time |
|
2 Managing risk |
|
3 Managing files |
|
4. Keeping client informed |
|
5 Working cooperatively |
|
6 Self-management |
|
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.
In this Schedule—
A person may supervise a trainee if the person is an Australian lawyer engaged—
(a) in legal practice, or
(b) as a government, corporate, commercial or community legal officer,
working principally in this jurisdiction, who has worked as, or in the manner of, either or both of a practising solicitor and a practising barrister for a total of at least 5 years, of which the last 3 years were in practice as a solicitor, or working in the manner of a solicitor.
The Board may approve, either generally or in relation to a particular trainee—
(a) a judge of the High Court, the Federal Court, the Supreme Court of this jurisdiction, or, as the case requires, either the County Court of Victoria or the District Court of New South Wales, or
(b) any Australian lawyer, other than a person referred to in subclause (1), who has worked as, or in the manner of, either or both of a practising solicitor and a practising barrister for a total of at least 5 years, of which the last 3 years were in practice as a solicitor, or working in the manner of a solicitor,
whom the Board considers to have appropriate qualifications and experience to be a supervisor, and to be able to provide the trainee with appropriate training.
If a person referred to in subclause (1) or (2) (b) has not been engaged in legal practice within the last 5 years, the person will not be eligible to be a supervisor until the person has engaged in legal practice for at least 1 further year.
Training may be undertaken under the successive supervision of different supervisors, only if the proposed arrangements are—
(a) set out in the training plan, or
(b) approved in advance by the Board, or
subsequently set out in the statutory declaration referred to in rule 15 (2) (a).
The Board may give approval under subclause (4) subject to any conditions it may determine.
Subject to subclause (2) training must take place in this jurisdiction.
Training may take place elsewhere in Australia if the proposed location of that training is—
(a) set out in the training plan, or
(b) approved in advance by the Board, or
(c) subsequently set out in the statutory declaration referred to in rule 15 (2) (a).
The Board may, either generally or in a particular case, give approval for some or all of a trainee’s training to take place—
(a) elsewhere in Australia, or
(b) outside Australia,
subject to any conditions it may determine.
A trainee who undertakes training outside this jurisdiction must comply with all requirements of clause 6.
The employer of a trainee must—
(a) implement a training plan for each trainee that—
(i) provides for the matters set out in clause 9, and
(ii) is executed on behalf of the employer and by the trainee, and
(iii) is executed by each supervisor nominated in the training plan, and
(b) subject to clause 11 (3), is given to the Board by the trainee in accordance with clause 10, and
(c) ensure that the trainee has appropriate opportunities to carry out the trainee’s obligations under the training plan, in the course of the trainee’s employment, and
(d) ensure that the trainee is appropriately supervised by a supervisor, throughout the trainee’s training.
Unless the Board determines otherwise, a trainee’s employer must meet the cost of any training relevant to—
(a) a trainee’s supervision, and
(b) a trainee meeting the requirements of rule 6 (1).
Subject to subclause (2), an employer must not engage more trainees to undertake training at the same time, than the number of eligible supervisors available at the workplace at that time.
The Board may determine the maximum number of trainees either generally or in a particular case, which an employer or class of employer may engage to undertake training at the same time.
A supervisor must not supervise more than 1 trainee at the same time without the Board’s prior approval.
A trainee must—
(a) complete at least 12 months’ training, worked out in accordance with this Schedule and any guidelines determined by the Board, under the supervision of an eligible supervisor, and
(b) subject to paragraphs (c) and (d), meet the requirements set out in rule 6 (1), and
(c) acquire an appropriate understanding of, and competency in, and satisfactorily complete assessment in—
(i) each element of Ethics and Professional Responsibility and of Lawyer’s Skills, and
(ii) the Risk Management element of Work Management and Business Skills,
as set out in Schedule 2 or otherwise determined under rule 6 (1), through a course of instruction and assessment conducted by—
(iii) a provider accredited under rule 7 (1) for the purposes of rule 6 (1), or
(iv) another body approved by the Board for the purpose of providing an equivalent course of instruction and assessment, and
(d) keep a work diary in a form determined by the Board throughout the period of training.
A course of instruction referred to in subclause (1) (c) must be equivalent in content and depth to, and the relevant assessment must be as rigorous as for, comparable elements of a course accredited under rule 7 (1) for the purpose of rule 6 (1).
A trainee must not engage in any paid work while undertaking training without first obtaining the consent of the person who executed the trainee’s training plan on behalf of the employer, except—
(a) in the business conducted by that employer, or
(b) in accordance with the relevant training plan.
Subject to any applicable award or law relating to leave of absence, during a period of training, a trainee may be allowed leave of absence—
(a) on all days that are public holidays in this jurisdiction, and
(b) in the case of illness or injury, for a period not exceeding 10 days, and
(c) for a further period not exceeding 20 days.
Any day on which the employer’s office is not open for business (other than a Saturday, Sunday or public holiday) must be counted when calculating the period referred to in subclause (1) (c).
An employer must, during a trainee’s employment and training, allow the trainee sufficient time to prepare for, travel to and from and attend any course and any assessment referred to in clause 6 (1) (c).
A training plan, in a form determined by the Board, must be executed on behalf of the employer and by the trainee and must set out—
(a) the period of training which the trainee will undertake, and
(b) other parties who will ensure that the trainee will acquire and demonstrate the understanding and competence referred to in rule 6 (1), and
(c) who will supervise the trainee and for what part of the training, and
(d) the name of the relevant provider or body referred to in clause 6 (1) (c) (iii) or (iv), and
(e) undertakings by the person executing the training plan on behalf of the employer, given on behalf of that employer, and each supervisor nominated in the training plan, that the employer and supervisor respectively will use their best endeavours to ensure that—
(i) the trainee is properly and thoroughly instructed in the practice and profession of a legal practitioner,
(ii) the trainee gains practical experience in the legal business transacted in the legal practice or business of the employer,
(iii) the trainee is given appropriate opportunity to participate, under appropriate supervision, in giving legal advice and in drafting the types of legal documents drafted in the legal practice or business of the employer,
(iv) if the trainee has properly performed the obligations referred to in paragraph (f), and is qualified to be admitted to the legal profession, the trainee is issued with a compliance certificate, and
(f) an undertaking by the trainee to undertake the responsibilities and tasks given by or on behalf of the employer and any supervisor nominated in the training plan, consistently with the training plan, diligently and in good faith, to the best of the trainee’s ability, and
(g) a provision that, to the extent that any terms of an employment contract otherwise entered into between the employer and the trainee are inconsistent with the training plan, the terms are void and of no effect, and
(h) any other matters which the Board may determine.
Within one month after executing a training plan, a trainee must provide the Board with—
(a) a copy of the executed training plan,
(b) a statutory declaration in a form determined by the Board made by the person executing the training plan on behalf of the employer, verifying the training plan,
(c) evidence that the trainee has obtained the academic qualification referred to in rule 5 (1),
(d) any other information that the Board may generally require trainees to provide.
The trainee must provide the Board with any further evidence that the Board may require that the training provided for in the training plan is appropriate and sufficient in the trainee’s case.
After considering the information referred to in clause 10, the Board must approve a trainee’s training and training plan if it is satisfied that—
(a) the trainee’s employer is able to provide the trainee with training in accordance with this Schedule,
(b) each person nominated as a supervisor in the training plan is eligible to be a supervisor,
(c) proper provision has been made for the trainee to meet the requirements of clause 6,
(d) the training plan complies with this Schedule and has been properly executed by the parties.
Subject to subclause (3), the Board must refuse to approve the training and the training plan if it is not satisfied of the matters in subclause (1).
The Board may permit a trainee to withdraw a training plan and submit an amended training plan within a period determined by the Board, if the Board is not satisfied of the matters in subclause (1).
The Board may approve an amended training plan submitted in accordance with subclause (3) if the amended training plan has been duly executed by both parties and the Board is satisfied of the matters in subclause (1).
If the Board approves an amended training plan under subclause (4), any period of training undertaken before the Board gives its approval must be taken to be training for the purposes of this Schedule.
The Board may retrospectively approve any departure from, or alteration to, a training plan set out in a statutory declaration made under rule 15 (2), if the Board considers that the departure or alteration did not prevent the trainee from satisfying any of the requirements of rule 6 (1).
If at any time during a period of training the Board considers that—
(a) a trainee is not receiving appropriate supervision or training, or
(b) a training plan is not being complied with, or
(c) a trainee is not deriving substantial benefit from the training, or
(d) for any other reason, it is appropriate to do so,
the Board may either—
(e) terminate the training, or
(f) approve another appropriate employer and one or more eligible supervisors to provide the balance of the training, under a revised training plan.
The Board may act under subclause (1)—
(a) on the application of one or more of the trainee, the trainee’s employer or a supervisor nominated in the training plan, or
(b) on its own initiative.
Where the Board acts under subclause (1), it may disqualify—
(a) the relevant employer from offering training, or
(b) a supervisor nominated in the training plan from acting as a trainee’s supervisor,
either permanently, or for any period that the Board determines.
Legal Profession Uniform Admission Rules 2015 (240). LW 27.5.2015. Date of commencement, 1.7.2015, rule 2. These Rules have been amended as follows—
(328) | Legal Profession Uniform Admission Amendment (Board) Rule 2015. LW 26.6.2015. Date of commencement, on publication on LW, cl 2. | |
(679) | Legal Profession Uniform Admission Amendment (Qualifications and Supervision) Rule 2016. LW 18.11.2016. Date of commencement, on publication on LW, cl 2. | |
(38) | Legal Profession Uniform Admission Amendment (Police Reports) Rule 2016. LW 17.2.2017. Date of commencement, on publication on LW, cl 2. | |
(157) | Legal Profession Uniform Admission Amendment (Academic Areas of Knowledge) Rule 2017. LW 24.4.2017. Date of commencement, on publication on LW, cl 2. | |
(231) | Legal Profession Uniform Admission Amendment (Accreditation) Rule 2019. LW 7.6.2019. Date of commencement, on publication on LW, cl 2. | |
(1) | Legal Profession Uniform Admission Amendment (Board) Rule 2021. LW 14.1.2022. Date of commencement, on publication on LW, sec 2. | |
(220) | Legal Profession Uniform Admission Amendment (Qualifications) Rule 2025. LW 16.5.2025. Date of commencement, 1.7.2025, sec 2. | |
(473) | Legal Profession Uniform Admission Amendment (Administrative Review Tribunal) Rule 2025. LW 5.9.2025. Date of commencement, 31.10.2025, sec 2. |
Rule 3 | Am 2019 (231), Sch 1 [1]. |
Rule 4 | Am 2015 (328), cl 4; 2019 (231), Sch 1 [2]; 2022 (1), sec 4. |
Rule 6A | Ins 2025 (220), Sch 1[1]. |
Rule 7 | Am 2019 (231), Sch 1 [3]–[5]. |
Rule 8 | Am 2019 (231), Sch 1 [6]–[9]. |
Rule 11 | Am 2016 (679), cl 4 (1) (2). Subst 2025 (220), Sch 1[2]. |
Rule 18 | Subst 2017 (38), cl 4. |
Sch 1 | Am 2017 (157), Sch 1; 2025 (473), Sch 1. |
Sch 2 | Am 2019 (231), Sch 1 [10]–[12]. |
Sch 3 | Am 2016 (679), cl 4 (3). |
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