Solicitors' Admission Rules Amendment Order (No. 1) 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 283 Supreme Court Act 1921 SOLICITORS’ ADMISSION RULES AMENDMENT ORDER (No. 1) 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of rule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new Part 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 7A—ADMISSION OF INTERSTATE PRACTITIONERS WITHOUT APPEARANCE 76A Non-application of Parts 6 and 7 to admission of interstate practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 76B Application for admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 76C Issue and filing of certificate of compliance . . . . . . . . . . . . . . . . . . . 3 76D Refusal to issue certificate of compliance . . . . . . . . . . . . . . . . . . . . 4 76E Court’s powers on motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 76F Registrar to advise of grant of admission . . . . . . . . . . . . . . . . . . . . . . 4 76G Enrolment of interstate practitioner . . . . . . . . . . . . . . . . . . . . . . . . . . 5 76H Day of admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 76I Certificate of admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Amendment of Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Solicitors’ Admission Rules Amendment (No.1) No. 283, 1992 ˙ Short title 1. This order in council may be cited as the Solicitors’ Admission Rules Amendment Order (No. 1) 1992. ˙ Amended rules 2. The Solicitors’ Admission Rules 1968 are amended as set out in this order in council. ˙ Amendment of rule 2 3. Rule 2— insert — ‘ “hearing day” , in relation to an interstate practitioner who intends to apply for admission, means the day proposed for hearing the motion for his or her admission; “interstate Court” , in relation to an interstate practitioner, means the Supreme Court of the State or Territory in which the practitioner is practising; “interstate practitioner” means a practitioner of the Supreme Court of another State or Territory. ’. ˙ Insertion of new Part 7A 4. After rule 76— insert— ‘PART 7A—ADMISSION OF INTERSTATE PRACTITIONERS WITHOUT APPEARANCE ˙ ‘Non-application of Parts 6 and 7 to admission of interstate practitioners ‘76A.(1) Subject to rule 76B(3), Parts 6 and 7 (other than rule 67) do not apply to the admission of interstate practitioners under this Part.

3 Solicitors’ Admission Rules Amendment (No.1) No. 283, 1992 ˙ ‘Application for admission ‘76B.(1) An interstate practitioner who seeks admission must, not less than 21 days before the day on which the practitioner intends to apply to the Court for admission— (a) file in the Court an affidavit in form 25A; and (b) give written notice to the Secretary and the Queensland Law Society Incorporated of the intended application. ‘(2) The notice must— (a) specify whether or not the practitioner will attend in the Court on the hearing day; and (b) be accompanied by— (i) a copy of the affidavit; and (ii) a letter from the Law Society or Institute of the jurisdiction in which the practitioner is practising stating that the practitioner is not the subject of any unresolved complaints or current investigation by the Society or Institute; and (iii) the prescribed fee. ‘(3) Rule 72 applies to an interstate practitioner who chooses to attend in the Court on the hearing day. ˙ ‘Issue and filing of certificate of compliance ‘76C. If the Board is satisfied that an interstate practitioner— (a) has complied with rule 76B; and (b) is a fit and suitable person to be admitted; the Board must, on or before the hearing day— (c) issue a certificate of compliance in form 22; and (d) send the certificate to the Registrar for filing in the Court; and (e) give written notice to the practitioner— (i) that the certificate has been sent to the Registrar for filing in the Court; and

4 Solicitors’ Admission Rules Amendment (No.1) No. 283, 1992 (ii) if the practitioner has chosen not to attend in the Court on the hearing day—requesting the practitioner to attend on the registrar or prothonotary of the interstate Court, on a day not more than 30 days after the hearing day, to take the oath or affirmation of allegiance and the oath or affirmation of office as a solicitor and to sign the supplementary roll of solicitors. ˙ ‘Refusal to issue certificate of compliance ‘76D. If the Board is not satisfied as to the matters mentioned in rule 76C(a) and (b), the Board must— (a) refuse to issue a certificate of compliance; and (b) give written notice to the practitioner of the refusal. ˙ ‘Court’s powers on motion ‘76E. The Court of Appeal may, on hearing a motion for the admission of an interstate practitioner, grant the admission of the practitioner or take such other action as it considers appropriate. ˙ ‘Registrar to advise of grant of admission ‘76F.(1) The Registrar must, as soon as practicable after the Court has granted the admission of an interstate practitioner— (a) give written notice of the admission to the registrar or prothonotary of the interstate Court; and (b) send to the registrar or prothonotary of the interstate Court— (i) the forms of oath or affirmation of allegiance and of oath or affirmation of office as a solicitor to be taken by the practitioner; and (ii) the supplementary roll of solicitors to be signed by the practitioner. ‘(2) Subrule (1)(b)(i) does not apply if the Registrar has previously sent the forms of oath or affirmation to the registrar or prothonotary of the interstate Court.

5 Solicitors’ Admission Rules Amendment (No.1) No. 283, 1992 ˙ ‘Enrolment of interstate practitioner ‘76G. The Registrar must, as soon as practicable after receipt of the properly completed oaths or affirmations and supplementary roll in relation to an interstate practitioner— (a) enrol the practitioner on the roll of solicitors; and (b) give written notice to the Secretary of the enrolment. ˙ ‘Day of admission ‘76H. An interstate practitioner who is enrolled under rule 76G is taken to be admitted on the day the Court of Appeal grants the admission. ˙ ‘Certificate of admission ‘76I. An interstate practitioner who is enrolled under rule 76G is entitled to receive a certificate of admission in form 23. ’. ˙ Amendment of Schedule 5.(1) Form 22— omit ‘ (Rule 69) ’, insert ‘ (Rules 69 and 76C) ’. (2) Form 23— omit ‘ (Rule 72) ’, insert ‘ (Rules 72 and 76I) ’. (3) After form 25— insert—

6 Solicitors’ Admission Rules Amendment (No.1) No. 283, 1992 ‘ Form 25A (Rule 76B) AFFIDAVIT BY INTERSTATE PRACTITIONER In the Supreme Court of Queensland. Motion No. of In the matter of the Solicitors’ Admission Rules 1968 and in the matter of an application by for admission as a solicitor of the Supreme Court of Queensland. I, , of or Territory ), ( occupation ), make oath as follows— ( name of State 1. I was, on the day of 19 , admitted to practise as a solicitor of the Supreme Court of (the “interstate Court” ). 2. I have not been convicted of any criminal offence. ( If the circumstances are otherwise please give details .) 3. I have not been found guilty of an offence by the disciplinary body of the Law Society or Institute charged with the duty of supervising the conduct of practitioners in the jurisdiction of the interstate Court nor am I the subject of any unresolved complaint to, or investigation by, that body. ( If the circumstances are otherwise please give details .) 4. I have not done anything that would render me liable to have my name struck off the roll of solicitors or be suspended from practice in the interstate Court. 5. To the best of my knowledge and belief my name still remains on the roll of solicitors of the interstate Court. 6. The document attached to this affidavit is a true copy of a certificate authenticating my present eligibility to practise and I am the person named in the document.

7 Solicitors’ Admission Rules Amendment (No.1) No. 283, 1992 Sworn by the deponent at before me. ’. this day of ENDNOTES 1. Made by the Governor in Council on 10 September 1992. 2. Notified in the Gazette on 11 September 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice. The State of Queensland 1992