Solicitors' Admission Rules Amendment Order (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 340 Supreme Court Act 1921 SOLICITORS’ ADMISSION RULES AMENDMENT ORDER (No. 1) 1993 TABLE OF PROVISIONS 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of rule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of Part 7A (Admission of interstate practitioners without appearance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Replacement of s.76A (Non-application of Parts 6 and 7 to admission of interstate practitioners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 76A Non-application of Parts 6 and 7 to admission of interstate practitioners without appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new Division 2 of Part 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 2—Admission under Mutual Recognition Act 76J Non-application of Parts 6 and 7 to admission of interstate practitioners under Mutual Recognition Act . . . . . . . . . . . . . . . . . . . 3 76K Registrar has powers etc. of Court of Appeal under MutualRecognition Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 76L Form of section 19 notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 76M Lodgment of section 19 notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 76N Other evidence to accompany section 19 notice . . . . . . . . . . . . . . . 4 76O Action following lodgment of section 19 notice . . . . . . . . . . . . . . . . 4 76P Certificate of admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 76Q No right of appeal to Court against registrar’s decision . . . . . . . . . . 5 7 Amendment of Schedule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2 Solicitors’ Admission Rules Amendment (No. 1) No. 340, 1993 ˙ Short title 1. This order in council may be cited as the Solicitors’ Admission Rules Amendment Order (No. 1) 1993 . ˙ Amended order 2. The Solicitors’ Admission Rules 1968 are amended as set out in this order. ˙ Amendment of rule 2 3. Rule 2— insert— ‘ “Mutual Recognition Act” means the Mutual Recognition Act 1992 (Commonwealth); “section 19 notice” means a notice seeking admission as a solicitor under section 19 of the Mutual Recognition Act; ’. ˙ Amendment of Part 7A (Admission of interstate practitioners without appearance) 4. Part 7A (heading)— omit, insert— ‘PART 7A—ADMISSION OF INTERSTATE PRACTITIONERS Division 1—Admission without appearance ’. ˙ Replacement of s.76A (Non-application of Parts 6 and 7 to admission of interstate practitioners) 5. Section 76A— omit, insert—

3 Solicitors’ Admission Rules Amendment (No. 1) No. 340, 1993 ˙ ‘Non-application of Parts 6 and 7 to admission of interstate practitioners without appearance ‘76A. Subject to rule 76B(3), Parts 6 and 7 (other than rule 67) do not apply to the admission of interstate practitioners under this Division. ’. ˙ Insertion of new Division 2 of Part 7A 6. After section 76I— insert— ‘Division 2—Admission under Mutual Recognition Act ˙ ‘Non-application of Parts 6 and 7 to admission of interstate practitioners under Mutual Recognition Act ‘76J. Parts 6 and 7 do not apply to the admission of interstate practitioners under this Division. ˙ ‘Registrar has powers etc. of Court of Appeal under MutualRecognition Act ‘76K. The registrar may exercise the powers and perform the functions of the Court of Appeal in relation to the admission, under the MutualRecognition Act, of interstate practitioners as solicitors. ˙ ‘Form of section 19 notice ‘76L.(1) A section 19 notice must— (a) be in the form approved by the registrar; and (b) give the address for service of the interstate practitioner lodging the notice. ‘(2) The statements and other information in the notice must be verified by statutory declaration. 1 1 This subrule is included merely for information—see section 19(5) of the Mutual Recognition Act 1992 (Commonwealth).

4 Solicitors’ Admission Rules Amendment (No. 1) No. 340, 1993 ˙ ‘Lodgment of section 19 notice ‘76M.(1) A section 19 notice and accompanying documents must be lodged personally or by agent or post. ‘(2) A copy of the notice and accompanying documents must also be lodged with the original notice. ˙ ‘Other evidence to accompany section 19 notice ‘76N.(1) A section 19 notice must be accompanied by a certificate, or a certified copy of a certificate, by the proper officer of the Supreme Court of the State or Territory evidencing the interstate practitioner’s admission in the State or Territory from which entitlement to admission under the MutualRecognition Act is derived. ‘(2) The certificate must have been issued not more than 1 month before the day of lodgment of the notice. ‘(3) The receipt for the practitioner’s admission fee must accompany the notice. ˙ ‘Action following lodgment of section 19 notice ‘76O.(1) Immediately after receipt of a section 19 notice, the registrar must give a copy of the notice and accompanying documents to the Board. ‘(2) The Board must consider whether to recommend to the registrar that— (a) the interstate practitioner who lodged the notice should be granted admission as a solicitor (with or without condition); or (b) admission of the practitioner as a solicitor should be postponed or refused under section 22 or 23 of the Mutual Recognition Act. ‘(3) The Board must give its recommendation to the registrar within 21 days of lodgment of the notice. ‘(4) The registrar must consider the Board’s recommendation. ‘(5) If the registrar decides to grant the practitioner admission as a solicitor, the registrar must immediately— (a) enrol the practitioner on the roll of solicitors; and

5 Solicitors’ Admission Rules Amendment (No. 1) No. 340, 1993 (b) give written notice to the secretary of the enrolment. ‘(6) If the registrar decides to postpone or refuse the practitioner’s admission as a solicitor, the notice of the decision under section 24 of the Act must be given to the practitioner at the practitioner’s address for service given in the practitioner’s section 19 notice. ˙ ‘Certificate of admission ‘76P. An interstate practitioner who is enrolled under rule 76O is entitled to receive a certificate of admission in form 23. ˙ ‘No right of appeal to Court against registrar’s decision ‘76Q.(1) A decision of the registrar in relation to the admission, under the Mutual Recognition Act, of an interstate practitioner as a solicitor is not subject to appeal or review by the Court or Court of Appeal. 2 ‘(2) Subrule (1) has effect despite the Rules of the Supreme Court . ’. ˙ Amendment of Schedule 2 7. Form 23— omit ‘ (Rules 72 and 76I) ’, insert ‘ (Rules 72, 76I and 76P) ’. ENDNOTES 1. Made by the Governor in Council on 2 September 1993. 2. Notified in the Gazette on 3 September. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. The State of Queensland 1993 2 Under section 34 of the Mutual Recognition Act 1992 (Commonwealth), a person may apply for the review of a decision of a local registration authority in relation to its functions under that Act.