Rules of the Council of Legal Education (Amendment No. 1) 1999 (Vic)

Rules of the Council of Legal Education

(Amendment No. 1) 1999

S.R. No. 14/1999

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Principal Rules	1
4.	Insertion of new rules	1
PART VI—MUTUAL RECOGNITION ACT ADMISSIONS	2

60.	Application of Part	2
61.	Interstate practitioners must lodge form	2
62.	Payment of fees	2
63.	Receipt of notice	3
64.	Consideration of notice by the Secretary	3
65.	Grant or refusal of admission by the Board	4
66.	Oath for admission	4
67.	Production of documents to the Court	5
68.	Motion for admission	5
69.	Person may show cause for refusal of admission	5

5.	Substitution of Schedules	5
SCHEDULE L—Notice seeking admission under the Mutual

Recognition Act 1992 (Cth) 6

SCHEDULE M—Admission documents	8
SCHEDULE N—Certificate of Secretary	9

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NOTES 10

i

STATUTORY RULES 1999

S.R. No. 14/1999

Legal Practice Act 1996

Rules of the Council of Legal Education

(Amendment No. 1) 1999

The Council of Legal Education makes the following Rules:

Dated: 16 February 1999

1. Objective

The objective of these Rules is to provide for the admission to practice of interstate practitioners in accordance with the mutual recognition principle in Part 3 of the Mutual Recognition Act 1992 of the Commonwealth as adopted under section 4 of

the Mutual Recognition (Victoria) Act 1998.

2. Authorising provision

These Rules are made under section 337 of the

Legal Practice Act 1996.

3. Principal Rules

In these Rules, the Rules of the Council of Legal

Education 19931 are called the Principal Rules.

4. Insertion of new rules

After Rule 59 of the Principal Rules insert—

Rules of the Council of Legal Education (Amendment No. 1)
1999

r. 4 S.R. No. 14/1999

'PART VI—MUTUAL RECOGNITION ACT

ADMISSIONS

60. Application of Part

(1) In this Part—

"Commonwealth Act" means the Mutual

Recognition Act 1992 of the
Commonwealth as adopted under
section 4 of the Mutual Recognition
(Victoria) Act 1998;

"notice" means a notice under section 19(1)

of the Commonwealth Act seeking
admission in accordance with the
mutual recognition principle.

(2) This Part applies to the admission of

interstate practitioners in accordance with
the mutual recognition principle in Part 3 of
the Commonwealth Act.

(3) Parts I to V of these Rules do not apply to the admission of interstate practitioners in accordance with the mutual recognition

principle in Part 3 of the Commonwealth
Act.

(4) The Rules in this Part cease to operate on the

expiry of the Mutual Recognition
(Victoria) Act 1998.

61.

Interstate practitioners must lodge form under these Rules must lodge a notice in the form set out in Schedule L with the Secretary of the Board.

62. Payment of fees

(1) Before lodging a notice, the interstate

practitioner must pay any fees referred to

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1999

S.R. No. 14/1999 r. 4

under section 6 of the Legal Practice Act

1996.

(2) Evidence of payment of fees must be

produced to the Secretary of the Board at the

time of lodgment of a notice.

63.

Receipt of notice Board must—

(a)	post a notice at a place in the Supreme Court designated by the Secretary of the Board stating the name of the interstate practitioner seeking admission, the jurisdictions in which the practitioner is admitted as a legal practitioner and the fact that the practitioner seeks admission; and
(b)	carry out any investigations and make any inquiries that the Board considers appropriate to obtain any information relevant to the admission of the

interstate practitioner or grounds for postponement or refusal of a grant of admission.

64.

Consideration of notice by the Secretary the Board, must consider a notice and any accompanying documents and, within one month after a notice is lodged—

(a) if it appears that the interstate practitioner has complied with the provisions of the Commonwealth Act and this Part, may, on behalf of the Board, issue a certificate in the form set out in Schedule N;

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1999

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(b) if it appears that the interstate practitioner is not entitled to a grant of admission or that any of the reasons for postponement or refusal of admission under the Commonwealth Act apply, must refer the notice and any accompanying documents to the Board for its consideration.

65.  Grant or refusal of admission by the Board The Board may consider any notice lodged with the Secretary of the Board and may—

(a)	if it considers that the interstate practitioner has complied with the provisions of the Commonwealth Act and this Part, direct the Secretary to issue a certificate in the form set out in Schedule N; or
(b)	postpone or refuse a grant of admission for any of the reasons for postponement or refusal of admission under the

Commonwealth Act.

66.

Oath for admission principal registrar or other officer designated by the Chief Justice of the Supreme Court of Victoria or of the Supreme Court of a State or Territory—

(a) under rule 14.05 of the Supreme Court
(Miscellaneous Civil Proceedings)

take the oaths required to be taken by those Rules; and

(b) sign a form set out in Part 1 of Schedule M for insertion in a roll of

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1999

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legal practitioners kept by the Court; and

(c) without delay, return to the Secretary of the Board—

(i)  the form referred to in paragraph (b); and

(ii)  a certificate of administration of the oaths in the form set out in Part 2 of Schedule M.

67. Production of documents to the Court

(1) A certificate issued by the Secretary of the Board under rule 64 or 65 together with the notice and any accompanying documents must be produced to the

Court by the Secretary of the Board.

(2) The production of the documents to the Court by the Secretary of the Board is to be treated as an application for admission of the interstate practitioner.

68.

Motion for admission Judge of the Supreme Court sitting in the Practice Court.

69.  Person may show cause for refusal of admission

Any person may show cause to the Board or to the Court why an interstate practitioner seeking admission should not be admitted.'.

5. Substitution of Schedules

For Schedules L, M and N to the Principal Rules substitute—

Rules of the Council of Legal Education (Amendment No. 1)
1999

r. 5	S.	R. No. 14/1999
'SCHEDULE L

NOTICE SEEKING ADMISSION UNDER THE MUTUAL

RECOGNITION ACT 1992 (CTH)

In the Supreme Court of Victoria

TO: The Secretary

Board of Examiners for Barristers and Solicitors
Supreme Court
210 William Street

Melbourne Vic. 3000

I, [full names, address and occupation] seek admission to practise in
Victoria in accordance with the mutual recognition principle in Part 3 of the

Mutual Recognition Act 1992 (Cth).

(Signed): ...........................................
(Date): ...............................................

State clearly Mr, Ms, Mrs, Miss

PLEASE SUPPLY YOUR BUSINESS
TELEPHONE NUMBER:..............................................................................

As required by the Mutual Recognition Act 1992 (Cth), I supply the following information—

1.    I am duly admitted and am at the present time entitled to practise as a [barrister, solicitor, barrister and solicitor or legal practitioner howsoever styled (referred to in this notice as "legal practitioner")] in the Supreme Court of [State or Territory]. The date of my admission was [date].

2.    The jurisdictions in which I have been admitted and the date of admission in each of those jurisdictions are as follows:

Jurisdiction Date of Admission

........................................	........................................
........................................	........................................
........................................	........................................

(If not admitted elsewhere, state "NONE")

3.    I am not the subject of disciplinary proceedings in any jurisdiction (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to my occupation as a legal practitioner.

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1999

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4.    My admission in any jurisdiction or right to practice as a legal practitioner in any jurisdiction is not cancelled or currently suspended as a result of disciplinary action.

5.    I am not otherwise personally prohibited from carrying on the occupation of a legal practitioner in any jurisdiction, and am not subject to any special conditions in carrying on that occupation, as a result of criminal, civil or disciplinary proceedings in any jurisdiction.

6.    In carrying out my occupation as a legal practitioner in any jurisdiction I am subject to the following special conditions:

[State special conditions, if any. Otherwise state: "No special
conditions"]

7.    I consent to the making of inquiries of, and the exchange of information with, the authorities of any jurisdiction regarding my activities as a legal practitioner or otherwise regarding matters relevant to this notice.

8.    I annex [original/certified true copy] of my first [certificate/court order] admitting me to practise and an [original/certified true copy] of my current practising certificate.

Statutory Declaration

I, [full names, address and occupation] being the applicant, do solemnly and sincerely and truly declare that all the information set out in this notice is to the best of my knowledge and belief true and correct in every particular, and that the accompanying documents are what they purport to be.

[The Declaration should be made, executed, witnessed etc. strictly in
accordance with the requirements of the law relating to Statutory

Declarations in force in the applicant's jurisdiction.]

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Rules of the Council of Legal Education (Amendment No. 1)
1999

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SCHEDULE M

PART 1

FORM FOR INSERTION IN ROLL OF LEGAL PRACTITIONERS

OF THE SUPREME COURT OF VICTORIA

I...................................................[full name] sign the Roll of Barristers and

Solicitors

.......................................[date]

SIGNATURE	DO NOT
Adhesive label	DETACH
LABEL

This signature shall be of no effect until the order of the Court has been made and the signature inserted in the Roll by the Prothonotary

PART 2

CERTIFICATE OF ADMINISTRATION OF OATH

Oath administered and signing of Roll witnessed

[date]

Signed: Principal Registrar/Prothonotary—Supreme Court of .......................

...........................................................

[Stamp]

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1999

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S. R. No. 14/1999

SCHEDULE N

CERTIFICATE OF SECRETARY

In the Supreme Court certify—

(a)	that the notice in the form of Schedule L to the Rules of the Council of Legal Education 1993 was lodged with me on [date] by [name of applicant]; and
(b)	that [name of applicant] has complied with the provisions of the Mutual Recognition Act 1992 (Cth) (as adopted under section 4 of the Mutual Recognition (Victoria) Act 1998) and Part VI of the Rules of the Council of Legal Education 1993; and
(c)	that the applicant appears to be entitled to be admitted as a barrister and solicitor of this Honourable Court.
Court Stamp	Signed: ........................................
Date...........................................'.

SIGNED ON BEHALF OF THE COUNCIL OF LEGAL

EDUCATION:

J. H. PHILLIPS, C.J.	COLIN R. GALBRAITH
President	Secretary ═══════════════

Rules of the Council of Legal Education (Amendment No. 1)
1999

Notes S.R. No. 14/1999

NOTES

1 Rule 3: S.R. No. 201/1993. Reprint No. 2 as at 20 August 1998.