Statutory Rules
1982 No. 119
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Practitioners
Rules
WE,
Justices of the High Court of Australia, hereby make the following Rules of
Court under the Judiciary Act 1903.
Dated
this 19th day of May 1982.
H. T. GIBBS
A. F. MASON
L. K. MURPHY
(L.S.)
K. A. AICKIN
R. D. WILSON
F. G. BRENNAN
Justices of the High
Court of Australia
FRANK
JONES
Registrar
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Citation
1. These Rules may be
cited as the Practitioners Rules.
Repeal
of Practitioners Admission Rules
2. Statutory Rules 1908
No. 35, 1913 No. 330, 1914 No. 148, 1939 No. 43 and 1978 No. 151 are repealed.
S. R. No. 133/82 Cat.
No. —Recommended retail price 20c 7/31.5.1982
Interpretation
3. In these Rules, unless
the contrary intention appears—
“Court” means the High Court;
“roll” means the roll of barristers and
solicitors of the High Court continued in existence by rule 4.
Roll
continued in existence
4. Notwithstanding the
repeal of the Practitioners Admission Rules effected by rule 2, the roll of
barristers and solicitors kept in pursuance of rule 22 of those Rules is, by
virtue of this rule, continued in existence and shall be kept for the purposes
of these Rules.
Power
of Court to discipline practitioners on the roll
5. (1) Where it is proved to
the satisfaction of the Court that the conduct of a barrister and solicitor
whose name is on the roll has been such as to justify it in so doing, the Court
may, by order—
(a)
suspend the right of the barrister and solicitor to practise in federal courts
for such period as the Court thinks proper; or
(b)
direct that the name of the barrister and solicitor be removed from the roll.
(2) Where the Court makes
an order under paragraph (1) (b)—
(a)
the barrister and solicitor is no longer entitled to practise in any federal
court; and
(b)
the Registrar shall make such entries in the roll as are necessary to give
effect to the order.
Suspension
from practice until costs paid
6. Where the Court makes
an order for the payment by the barrister and solicitor of the costs of the
proceedings before the Court, the Court may, if it thinks fit, suspend the
right of the barrister and solicitor to practise in federal courts while the
costs remain unpaid.
NOTE
1.
Notified in the Commonwealth of Australia
Gazette on 4 June 1982.
Printed by Authority by
the Commonwealth Government Printer