Untitled document

Supreme Court (Legal Profession References Amendment) Rules 2005

S.R. No. 147/2005

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.Chapter I of the Rules of the Supreme Court

5.Admission to legal profession—Chapter II

6.Professional practice—Chapter II

7.Rule 15.03 substituted

15.03Removal from local roll

8.Public notaries—Chapter II

9.New Form 2–15AA

Form 2-15AA—Application for Certificate of Eligibility

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 147/2005

Supreme Court Act 1986
Interpretation of Legislation Act 1984

Supreme Court (Legal Profession References Amendment) Rules 2005

The Judges of the Supreme Court make the following Rules:

1.Object

The object of these Rules is to amend Chapter I and Chapter II of the Rules of the Supreme Court in relation to references to the legal profession consequential on the enactment of the Legal Profession Act 2004.

2.Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 50 of the Interpretation of Legislation Act 1984 and all other enabling powers.

3.Commencement

These Rules come into operation on the day that section 8.1.1(2) of the Legal Profession Act 2004 comes into operation.

4.Chapter I of the Rules of the Supreme Court

(1)In Rule 1.13(1) of the Supreme Court (General Civil Procedure) Rules 1996[1] for the definition of "solicitor" substitute—

' "solicitor" means an Australian lawyer as defined in the Legal Profession Act 2004, other than a barrister as defined in that Act, and includes an incorporated legal practice as defined in that Act;'.

(2)In Rule 77.01 of the Supreme Court (General Civil Procedure) Rules 1996, for "Legal Practice Act 1996, sections 106 and 116(1);" substitute "Legal Profession Act 2004, section 3.4.33;".

5.Admission to legal profession—Chapter II

(1)In Rule 14.01 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998[2], in the definition of "the Act" for "Legal Practice Act 1996" substitute "Legal Profession Act 2004".

(2)In the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998—

(a)in Rule 14.03(1) for "section 341(3)" substitute "section 2.3.10(2)";

(b)insert the following heading to Rule 14.04—

"Appeal under section 2.3.11";

(c)In Rule 14.04—

(i)for "section 342(1)" substitute "section 2.3.11(1)";

(ii)for "to section 342" substitute "to section 2.3.11";

(d)in Rule 14.05(1) for "to be admitted to legal practice" substitute "for admission to the legal profession";

(e)insert the following heading to Rule 14.10—

"Application for admission";

(f)in Rule 14.10(1) for "to practise under section 6(1)" substitute "under section 2.3.4(1)";

(g)in Rule 14.11(2) after "certificate" insert "and recommendation";

(h)in Rule 14.13(1) for "admitted to practise" substitute "admitted to the legal profession";

(i)in Form 2–14 for "a barrister and solicitor" (where twice occurring) substitute "a member of the legal profession".

6.Professional practice—Chapter II

In Rule 15.01 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998, for "Legal Practice Act 1996" substitute "Legal Profession Act 2004".

7.Rule 15.03 substituted

For Rule 15.03 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 substitute—

"15.03Removal from local roll

(1)If the Tribunal makes an order under section 4.4.17(a) of the Act, the party who commenced the proceeding in which that order was made shall forthwith apply to the Court by originating motion for the Court to determine whether the name of the practitioner should be removed from the local roll.

(2)The originating motion shall name the applicant as plaintiff and the practitioner as defendant.

(3)The plaintiff shall file an affidavit in support setting out the acts, facts, matters and circumstances which led to the making of the order and exhibiting—

(a)a copy of the order certified as correct by the registrar of the Tribunal; and

(b)any reasons given by the Tribunal for the making of the order.

(4)The plaintiff shall serve the originating motion and a copy of the affidavit on the defendant as soon as is practicable.

(5)Within seven days after filing the originating motion the plaintiff shall apply on summons to a Master for directions.

(6)The Master shall refer the application under paragraph (1) to a Judge for hearing and determination.".

8.Public notaries—Chapter II

(1)In Rule 15A.01 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998, in the definition of "the Secretary" for "for Legal Practitioners" substitute "as defined in the Legal Profession Act 2004".

(2)In Rule 15A.07 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998, for "Legal Practice Board" (where twice occurring) substitute "Legal Services Board".

(3)In Rule 15A.09(3)(b) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998, for "Legal Practice Board" substitute "Legal Services Board".

(4)Rule 15A.09(4) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 is revoked.

(5)In the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998—

(a)in Form 2–15AB, omit "for Legal Practitioners";

(b)in Form 2–15AC, in item 3, for "the firm of" substitute "the law practice (as defined in the Legal Professional Act 2004)";

(c)in Form 2–15AD, for "the firm of" substitute "the law practice (as defined in the Legal Professional Act 2004)";

(d)in Form 2–15AF, for "Legal Practice Board" substitute "Legal Services Board".

9.New Form 2–15AA

For Form 2–15AA of the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998 substitute—

'Rule 15A.02

FORM 2–15AA

APPLICATION FOR CERTIFICATE OF ELIGIBILITY

IN THE SUPREME COURT OF VICTORIA

IN THE MATTER of the Public Notaries Act 2001

and

IN THE MATTER of an application by [full name]

TO:    The Secretary

Board of Examiners
        Supreme Court of Victoria
        210 William Street
        Melbourne Vic 3000

I, [full name, address and occupation], hereby apply to the Board for a certificate that I am eligible to be appointed as a public notary under the Public Notaries Act 2001 of the State of Victoria.

(Date:)

(Signed:)

[State clearly: Mr, Ms, Mrs, Miss]

MY DATE OF BIRTH is:

MY BUSINESS TELEPHONE NUMBER is:

AS REQUIRED, I SUPPLY THE FOLLOWING INFORMATION:

1.I am an Australian lawyer as defined in the Legal Profession Act 2004 and am on an Australian roll as defined in that Act.

2.I am *a/the principal of the law practice (as defined in the Legal Profession Act 2004) of [insert name] and I carry on practice at the office of that law practice at [address where applicant most often works] [*The law practice also has offices in [identify location of other offices, if any] ].

3.I have held for a period of [number] years an Australian practising certificate authorising me to engage in legal practice as a principal within the meaning of the Legal Profession Act 2004 and a certificate of standing issued by the Law Institute of Victoria is annexed hereto.

4.I have completed a course of study related to notarial practice approved by the Council of Legal Education, namely the course [identify the course of study undertaken and completed], and a certificate from the [name of institution] that I have completed that course is annexed hereto.

5.If a certificate of eligibility is granted to me and I apply to be appointed as a public notary under the Public Notaries Act 2001, I wish to comply with Rule 15A.06 of Chapter II of the Rules of the Supreme Court by *taking an oath/making an affirmation.

6.[*Subject to paragraph 7,] I have never been suspended from practice or found guilty of professional misconduct or unsatisfactory professional conduct in this or any other jurisdiction and to the best of my knowledge and belief no complaint against me to the Legal Services Commissioner or a corresponding authority as defined in the Legal Profession Act 2004 is pending either in Victoria or elsewhere.

*7.I bring to the notice of the Board the facts set out in the document which is exhibited to my affidavit and I ask the Board to consider whether those facts adversely affect my application.

*Delete if inapplicable

AFFIDAVIT OF VERIFICATION

I, [full name, address and occupation], make oath and say as follows:

1.I am the abovenamed applicant.

2.     All of the information set out in this application is to the best of my knowledge and belief true and correct in every particular and the annexures are what they purport to be.

*3.Now produced and shown to me and marked with the letter "A" is the document setting out the further facts that I seek to draw to the Board's attention, all of which further facts are to the best of my knowledge and belief true and correct in every particular.

Sworn, etc.

*Delete if inapplicable

__________________'.

Dated:    24 November 2005

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

W. F. ORMISTON, J.A.

STEPHEN CHARLES, J.A.

PETER BUCHANAN, J.A.

G. M. EAMES, J.A.

GEOFFREY NETTLE, J.A.

P. D. CUMMINS, J.

JOHN COLDREY, J.

DAVID BYRNE, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

MURRAY B. KELLAM, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

STUART MORRIS, J.

STEPHEN KAYE, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

KIM HARGRAVE, J.

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ENDNOTES

[1] Rule 4:  S.R. No. 19/1996.  Reprint No. 5 as at 1 January 2005.  Subsequently amended by S.R. No. 125/2005.

[2] Rule 5:  S.R. No. 110/1998.  Reprint No. 1 as at 6 June 2002.  Subsequently amended by S.R. Nos 96/2003 and 133/2004.