Re Fleming

[1993] QCA 173

[1993] QCA 173

IN THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

Mo. No. 8 of 1989

Brisbane

[Re: Fleming]

IN THE MATTER OF "The Solicitors' Admission
Rules 1968 - 1987"

IN THE MATTER OF an Application for admission as a Solicitor of the Supreme Court of Queensland by SUSANNE JANE FLEMING

The President
Mr Justice McPherson

Mr Justice Dowsett

Judgment delivered 18/05/93

Judgment of the Court

APPLICATION FOR ADMISSION AS A SOLICITOR GRANTED

CATCHWORDS:	LEGAL PRACTIONERS - Admission - QUT student commenced articles when she had to pass in more than two subjects - whether special circumstances - Solicitors' Admission Rules, 1968, rr.17(1)(c), 95.
Counsel:	S. Kiefel Q.C. for the applicant
Solicitors:	The Solicitors' Board entered an appearance
Hearing Date(s):	27/04/93

THE COURT OF APPEAL

SUPREME COURT OF QUEENSLAND

Mo. No. 8 of 1989

Brisbane

Before The President
Mr Justice McPherson
Mr Justice Dowsett

[Re: Fleming]

IN THE MATTER OF "The Solicitors' Admission
Rules 1968 - 1987"

IN THE MATTER OF an Application for admission as a Solicitor of the Supreme Court of Queensland by SUSANNE JANE FLEMING

JUDGMENT - THE COURT

Judgment delivered 18/05/93

Susanne Jane Fleming has applied for admission as a solicitor. She completed an approved Degree in Law at the Queensland University of Technology in December 1992 and completed service under articles of clerkship for a period of two years in February 1993. The Solicitors' Board has certified that she is a fit and proper person and has complied with the material rules "except that she commenced articles at a time when she had to pass in more than two subjects" in order to complete her Degree in Law at the Queensland University of Technology. The Board does not oppose the applicant's admission. If she had obtained her Degree in Law at the University of Queensland instead of the Queensland University of Technology, she would now be eligible for admission.

The applicant commenced employment with a firm of solicitors in Rockhampton on 6 January 1991 and, on 6 February 1991, entered into articles of clerkship with a member of that firm. At that time, she had four subjects remaining in order to complete her Degree in Law. She understood from the Solicitors' Board that it was intended to change Rule 17(1)(c) of the Solicitors' Admission Rules 1968 to allow articles of clerkship to be entered into by Queensland University of Technology students pursuing a course for an approved Degree in Law irrespective of the number of subjects to be completed provided that the requisite period of practical training was commenced and completed to the satisfaction of the Board within the period of three years immediately preceding the date of application for admission. The Solicitors' Board consented to the applicant entering into articles in accordance with the decision in Re Stobie (1990) 2 Qd.R. 456.

The applicant and her husband, who also works in Rockhampton, live in their own home in that city and wish to remain there. The firm where the applicant served articles is willing to employ her as a solicitor if she is admitted, but would not be able to grant her further articles if it were necessary for her to undertake a further period of practical training. Further, it is extremely unlikely that the applicant would be able to obtain articles elsewhere in the Rockhampton area.
A similar problem was considered by the Court in Re Wood, in which judgment is being delivered today.

For the reasons there given, the Court considers that this applicant also has shown sufficient special circumstances and should be admitted.