Supreme Court (Senior Counsel) Rules 2007 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

SUPREME COURT (SENIOR COUNSEL) RULES 2007

As in force at 29 March 2017

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif]Citation2Purpose3General principles governing the exercise of statutory powers4Attributes required for appointment as Senior Counsel5Application for appointment6Consultation7Notification of decisionENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 29 March 2017

SUPREME COURT (SENIOR COUNSEL) RULES 2007

Rules under the Supreme Court Act 1979

1Citation

These Rules may be cited as the Supreme Court (Senior Counsel) Rules 2007.

2Purpose

These Rules state the principles on which the Chief Justice will exercise the power to appoint Senior Counsel under section 21 of the Legal Profession Act 2006.

3General principles governing the exercise of statutory powers
  • (1)

    The Chief Justice will not appoint Queen’s Counsel.

  • (2)

    Except in exceptional cases, appointment as a Senior Counsel will be confined to practising advocates.

4Attributes required for appointment as Senior Counsel

The following attributes are required for appointment as a Senior Counsel:

  • (a)

    exemplary knowledge and understanding of the law;

  • (b)

    a high level of skill as an advocate;

  • (c)

    integrity and trustworthiness;

  • (d)

    commitment to the best traditions of the bar and to the administration of justice;

  • (e)

    maturity of judgment acquired from substantial experience in legal practice.

5Application for appointment
  • (1)

    A legal practitioner may apply to the Chief Justice to be considered for appointment as Senior Counsel.

  • (2)

    The application must be made in writing no later than 31 August.

  • (3)

    The application must:

    • (a)

      provide evidence the applicant has the attributes required for appointment; and

    • (b)

      include any undertaking required by the Chief Justice.

  • (4)

    Immediately after the closing date for applications, the Chief Justice must provide a list of the names of all the applicants to the following:

    • (a)

      the Attorney-General;

    • (b)

      the President of the Law Society;

    • (c)

      the President of the Northern Territory Bar Association.

  • (5)

    A person to whom the list is given under subrule (4) may make it available for inspection by anyone else.

6Consultation
  • (1)

    For the purposes of section 21(2)(b)(iii) of the Legal Profession Act 2006:

    • (a)

      the President of the Law Society must, in each year, nominate to the Chief Justice at least one solicitor to represent the Society; and

    • (b)

      the President of the Northern Territory Bar Association Incorporated must, in each year, nominate to the Chief Justice at least one barrister to represent the Association.

  • (2)

    The nominations must be made in writing no later than 31 July.

  • (3)

    The consultation required under section 21(2)(b) of the Legal Profession Act 2006 is to be conducted as the Chief Justice considers appropriate.

  • (4)

    The Chief Justice may (but is not obliged to) refer adverse comments made about an applicant to the applicant for a response.

  • (5)

    If the Chief Justice refers an adverse comment to the applicant, the Chief Justice is not obliged to disclose the source of the comment.

7Notification of decision
  • (1)

    The Chief Justice must notify an applicant of the Chief Justice’s decision regarding the applicant’s application.

  • (2)

    The Chief Justice is not obliged to give reasons for the decision.

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Supreme Court (Senior Counsel) Rules 2007 (SL No. 43, 2007)

Notified

16 January 2008

Commenced

16 January 2008

Supreme Court (Senior Counsel) Amendment Rules 2007 (SL No. 5, 2017)

Notified

29 March 2017

Commenced

29 March 2017

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2 and 6.

  • 4

    LIST OF AMENDMENTS

r 5                     amd No. 5, 2017, r 3

 
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