Commonwealth Consolidated Acts

JUDICIARY ACT 1903 - SECT 55D

             (1)  Subject to this section, a person whose name is on:

                     (a)  the roll of barristers and solicitors of the High Court kept under the Rules of Court; or

                     (b)  the roll of barristers, solicitors, barristers and solicitors or legal practitioners of the Supreme Court of a State or Territory;

is entitled to practise as a barrister and solicitor in any Territory unless the entitlement to practise is suspended under the Rules of Court, the law of the State or the law in force in the first‑mentioned Territory (including this Act), as the case may be.

             (3)  Where it is proved to the satisfaction of the Supreme Court of a Territory that a person who is entitled to practise as a barrister and solicitor in the Territory under subsection (1) has been guilty of conduct that justifies it in so doing, the Court may:

                     (a)  order that the person be not entitled to practise as a barrister and solicitor in the Territory; or

                     (b)  order that the person's entitlement to practise as a barrister and solicitor in the Territory be suspended for a specified period;

but the Court may at any time, by order, revoke or vary any such order.

             (4)  A person who is entitled under subsection (1) to practise as a barrister and solicitor in a Territory is entitled so to practise in any court of the Territory and is so entitled whether the court is sitting within or outside the Territory.

             (5)  This section does not affect the operation of a law of a Territory (whether made before or after the commencement of this section) in so far as that law provides for the admission by the Supreme Court of the Territory of persons to practise as barristers or solicitors, or as both, in the Territory and for the suspension or discontinuance of their entitlement to practise.

             (6)  Where:

                     (a)  a law of a Territory contains provisions of the kind referred to in subsection (5); and

                     (b)  under the provisions, a person who:

                              (i)  would, but for this subsection, be entitled under subsection (1) to practise as a barrister and solicitor in the Territory;

                             (ii)  duly applies to the Supreme Court of the Territory to be admitted to practise as a barrister and solicitor in the Territory; and

                            (iii)  satisfies the Supreme Court that he or she is of good fame and character;

                            is entitled, even though the person resides or practises in a State or another Territory:

                            (iv)  to be admitted to practise as a barrister and solicitor in the Territory; and

                             (v)  on being admitted to practise, to practise in the Territory, subject only to the same conditions and restrictions as apply in relation to other persons admitted to practise in the Territory;

subsections (1), (3) and (4) do not apply in relation to practice in the Territory.

             (7)  Nothing in this section applies in relation to practice in a federal court or to practice in the Northern Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.