Weil HC Auckland CIV 2010-404-6974

[2010] NZHC 2131

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2010-404-006974

IN THE MATTER OF The Lawyers and Conveyancers Act 2006

ANDREW MARK TRETHEWIE WEIL Applicant

Judgment:      10 November 2010 at 2:00 pm

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 10 November 2010 at 2:00 pm

pursuant to R 11.5 of the High Court Rules.

Registrar / Deputy Registrar

Date……………………….

Solicitors:           Morrison Kent, P O Box 222 Shortland Street, Auckland 1140

Fax: [phone] – S Weil

Copy to:             A Weil, 52 Woodstock Avenue, Taringa, Queensland, Australia

WEIL HC AK CIV-2010-404-006974  10 November 2010

[1] The applicant, Mr Weil, applies under s 52(3) Lawyers and Conveyancers Act 2006 for admission as a barrister and solicitor of the High Court of New Zealand.

[2]      Section 19 of the Trans-Tasman Mutual Recognition Act 1997 permits an individual registered in an Australian jurisdiction for an occupation to give written notice to the local registration authority for the equivalent occupation seeking registration for that occupation on the  ground  (as required by s 17(1)) that the individual is already registered in an equivalent occupation in an Australian jurisdiction.

[3] Under s 49 Lawyers and Conveyancers Act 2006 there are three categories of persons qualified for admission as a barrister and solicitor. Mr Weil falls into the third category described in s 49(4), being a person who has been issued with a certificate by a Registrar stating that he has given notice under s 19 of the Trans- Tasman Mutual Recognition Act 1997 to the Registrar acting as a local registration authority under that Act. Mr Weil has met the requirement of giving notice to the Registrar; the second requirement is that he be issued with a certificate stating that he has given such notice and that requirement has also been met by the certificate 1

November 2010 signed by H Bowles, Deputy Registrar.   Before issuing that certificate the Registrar confirmed with the Queensland Law Society that Mr Weil does hold a current non-principal practicing certificate current to 30 June 2011.

[4] Finally, under s 52 Lawyers and Conveyancers Act 2006 Mr Weil must obtain from this Court an order admitting him as a barrister and solicitor of the High Court. This Court must make such an order if it is satisfied that he is qualified for admission under s 49(4). I am satisfied that he is qualified for admission under s

49(4)  for  the  reasons  already  outlined  and  therefore  make  an  order  granting

Mr Weil’s originating application for admission as a barrister and solicitor of the

High Court of New Zealand.

P Courtney J