Supreme Court (Chapter II Amendment No. 14) Rules 1997 (Vic)

Supreme Court (Chapter II Amendment No. 14)

Rules 1997

S.R. No. 17/1997

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Amendment of Rule 14.01.	1
5.	Amendment of Rule 14.02	1
6.	Substitution of Part 3 of Order 14	2
PART 3—OATHS FOR ADMISSION TO LEGAL
PRACTICE	2
14.04 Oaths required by Court—Form 14A and Form 14B	2
14.05 Excuse	2
14.06 Affidavit	2
14.07 Service	2
14.08 If application granted	3
7.	New Forms 14A and 14B inserted—Oath of allegiance and oath
of office	3
Form 14A	3
Form 14B	3

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NOTES 5

i

STATUTORY RULES 1997

S.R. No. 17/1997

Supreme Court Act 1986

Supreme Court (Chapter II Amendment No. 14)

Rules 1997

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to make amendments
to the Principal Rules consequential upon the

Legal Practice Act 1996.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Principal Rules

In these Rules, the Rules of Procedure in the Principal Rules.

4. Amendment of Rule 14.01.

In Rule 14.01 of the Principal Rules, for the
definition of "Act" substitute—

' "Act" means the Legal Practice Act 1996;'.

5. Amendment of Rule 14.02

In Rule 14.02 of the Principal Rules for "Rule 50
of the Rules of the Council of Legal Education
1985" substitute "Rule 56 of the Rules of the
Council of Legal Education 1993".

Supreme Court (Chapter II Amendment No. 14) Rules 1997

r. 6 S.R. No. 17/1997

6. Substitution of Part 3 of Order 14

For Part 3 of Order 14 to the Principal Rules substitute—

"PART 3—OATHS FOR ADMISSION TO

LEGAL PRACTICE

14.04 Oaths required by Court—Form 14A and

Form 14B

(1) A person applying to be admitted to legal practice in Victoria shall take the oath of allegiance and an oath of office.

(2) The oath of allegiance may be in Form 14A
and the oath of office may be in Form 14B.

14.05 Excuse

(1) The Court may upon application excuse a
person from taking the oath of allegiance.

(2) The application shall be made by originating

motion and heard no later than 30 days
before the first day of the month in which
application for admission to legal practice is

to be sought.

14.06 Affidavit

The application shall be supported by an affidavit of the applicant—

(a) giving particulars of the eligibility of the applicant for admission to legal practice; and

(b) stating the grounds of the application.

14.07 Service

The originating motion and every affidavit in
support shall be served on the secretary of
the Board of Examiners.

Supreme Court (Chapter II Amendment No. 14) Rules 1997

S.R. No. 17/1997 r. 7

14.08 If application granted

If the application is granted the applicant,
not less than 14 days before the first day of
the month in which application for admission
to legal practice is sought, shall serve a copy
on the secretary of the Board of Examiners.".

7.  New Forms 14A and 14B inserted—Oath of allegiance and oath of office

After Form 1A to the Principal Rules insert—

"Form 14A

Rule 14.04(2)

OATH OF ALLEGIANCE

I swear by almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second by the grace of God Queen of Australia and Her other realms and territories head of the

Commonwealth.

Form 14B

Rule 14.04(2)

OATH OF OFFICE

I swear by almighty God that I will well and honestly demean myself in the practice of my profession as a barrister and solicitor to the best of my knowledge and ability.".

Dated: 26 February 1997

J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A.

R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
K. M. HAYNE, J.A.

Supreme Court (Chapter II Amendment No. 14) Rules 1997

r. 7 S.R. No. 17/1997

STEPHEN CHARLES, J.A.
BARRY BEACH, J.
G. HAMPEL, J.
H. NATHAN, J.
F. H. R. VINCENT, J.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN J. HEDIGAN, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
J. M. BATT, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.

ROSEMARY BALMFORD, J.

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Supreme Court (Chapter II Amendment No. 14) Rules 1997

S.R. No. 17/1997 Notes

NOTES

1 S.R. No. 334/1988. Reprinted to S.R. No. 70/1993 and subsequently

amended by S.R. Nos 41/1995, 71/1995, 156/1995 and 139/1996.