Legal Profession Act 2004 LEGAL PROFESSION ADMISSION RULES 2005 - Made under the Legal Profession Act 2004 - As at 24 February 2012 - Reg 886 of 2005 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. 2. 3. 4. 5. 6. (Repealed) PART 2 - ADMINISTRATION 7. 8. 9. 10. (Repealed) 11. 12. 13. 14. PART 3 - LEGAL QUALIFICATIONS COMMITTEE 15. 16. 17. 18. 19. 20. 21. 22. 23. 23A. (Repealed) 24. 25. 26. PART 3A - EXAMINATIONS COMMITTEE 27. 27A. 27B. 27C. 27D. 27E. 27F. 27G. 27H. 27I. 27J. 27K. PART 4 - STUDENTS-AT-LAW 28. 29. 30. 31. 32–36. (Repealed) PART 5 - DECLARATIONS AS TO CHARACTER 37. 38. (Repealed) 39. 40. 41. PART 6 - ACCREDITED LAW DEGREES 42. (Repealed) 43. 44. 45. 45A. PART 6A - APPROVED PRACTICAL TRAINING COURSES 45B. 45C. PART 7 - EXAMINATIONS 46. 47. 48–52. (Repealed) 53. 54. 55. 56, 57. (Repealed) 58. 59. 60. 61. 62. (Repealed) 63. 63A. 64. 65. 66. 67. 68–70. (Repealed) 71. 72–76. (Repealed) 77. 78. 78A. PART 8 - CERTIFICATES 79. 80. 81. PART 9 - DISCIPLINE 82. 83. 84. 85. 86. 87. 88. PART 10 - HEARINGS 89. 90. 91. 92. (Repealed) 93. PART 11 - ELIGIBILITY FOR ADMISSION AS A LAWYER 94. 95. 96. 97. 98. PART 11B - APPLICATION FOR ADMISSION 99. 100–106. (Repealed) 107. 108. PART 12 - FEES 109. 110–112. 113. PART 13 - TRANSITIONAL 113A. 114. 115. PART 14 - MISCELLANEOUS 116. 117. 118. SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 LEGAL PROFESSION ADMISSION RULES 2005 - REG 1 1 (1) These Rules are made by the Legal Profession Admission Board under section 38 of the Legal Profession Act 2004. (2) These Rules may be cited as the Legal Profession Admission Rules 2005. LEGAL PROFESSION ADMISSION RULES 2005 - REG 2 2 These Rules succeed the Legal Practitioners Admission Rules 1994 with effect from 1 December 2005. Note: Section 38 (4) of the Legal Profession Act 2004 applies Part 6 of the Interpretation Act 1987 to a rule made under that section in the same way as it applies in relation to a statutory rule within the meaning of that Act. The Rules appointed 1 December 2005 as the date of effect of the Rules. Pursuant to section 39 (2A) of the Interpretation Act 1987, the Rules are not invalid merely because the Rules were published in the Gazette after the day on which one or more of the provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which the Rules are published in the Gazette, instead of from the earlier day. LEGAL PROFESSION ADMISSION RULES 2005 - REG 3 3 These Rules are divided into Parts as follows: Part 1—Preliminary, rules 1–6 Part 2—Administration, rules 7–14 Part 3—Legal Qualifications Committee, rules 15–26 Part 3A—Examinations Committee, rules 27–27K Part 4—Students-at-Law, rules 28–36 Part 5—Declarations as to Character, rules 37–41 Part 6—Accredited Law Degrees, rules 42–45A Part 6A—Approved Practical Training Courses, rules 45B–45C Part 7—Examinations, rules 46–78A Part 8—Certificates, rules 79–81 Part 9—Discipline, rules 82–88 Part 10—Hearings, rules 89–93 Part 11—Eligibility for Admission as a Lawyer, rules 94–98 Part 11A—Application for Admission, rules 99–108 Part 12—Fees, rules 109–113 Part 13—Transitional, rules 113A–115 Part 14—Miscellaneous, rules 116–118 LEGAL PROFESSION ADMISSION RULES 2005 - REG 4 4 In these Rules, unless the context or subject matter otherwise indicates or requires: "accredited law degree" means a law degree included in the Second Schedule. "Act" means the Legal Profession Act 2004. "approved practical training course" means a practical training course included in the Fourth Schedule. "Bar Association" means The New South Wales Bar Association. "Board" means the Legal Profession Admission Board. "Board’s examinations" means the examinations set out in rule 53 as supplemented by rule 55. "Court" means the Supreme Court of New South Wales. "Examinations Committee" means the Committee established under these Rules to oversee the content and conduct of the Board’s examinations and the candidature of students-at-law. "Executive Officer" means the person appointed as Executive Officer to the Board under rule 7. "graduate" means a person who has taken a degree after examination at any university considered by the Board to be of good standing. "Judge" means a Judge or Associate Judge of the Court. "Law Extension Committee" means the Law Extension Committee of the University of Sydney. "law school" means an educational facility conducted by a tertiary educational authority which has as one of its aims the production of graduates eligible to be admitted as lawyers inside or outside of New South Wales. "Law Society" means The Law Society of New South Wales. "Legal Qualifications Committee" means the Committee established under these Rules to superintend the qualification of candidates for admission and to advise the Board in relation to the accreditation of academic and practical training courses. "Practical Legal Training Course" means any one of the courses of practical legal training listed in the Fourth Schedule. "prescribed fee" means a fee set out in the Third Schedule. "Presiding Member" means the presiding member of the Board determined, nominated or elected in accordance with Schedule 2 of the Act. "student-at-law" means a person registered as such under Part 4. "suitable person" means, in relation to an applicant for registration or admission, a person who is above the age of 30 years, is unrelated to the applicant, and has known the applicant for not less than three years. LEGAL PROFESSION ADMISSION RULES 2005 - REG 5 5 Unless the context or subject matter otherwise indicates or requires, the definitions in the Act apply to these Rules. LEGAL PROFESSION ADMISSION RULES 2005 - REG 7 7 (1) The Board shall appoint an Executive Officer. (2) The Executive Officer shall either in person or by deputy approved by the President attend all meetings of the Board, keep minutes of its proceedings, conduct its correspondence and perform such other duties as the Board may require. LEGAL PROFESSION ADMISSION RULES 2005 - REG 8 8 The Executive Officer shall keep the Board aware of the financial position of the Board at all times and shall provide the appropriate information to enable the Board to comply with the Public Finance and Audit Act 1983. LEGAL PROFESSION ADMISSION RULES 2005 - REG 9 9 (1) The Board shall have a seal. (2) The seal may be affixed to any document or certificate issued by the Board under the hand of the Chief Justice, the President, another judicial member of the Board or the Executive Officer. LEGAL PROFESSION ADMISSION RULES 2005 - REG 11 11 The Board may adjourn consideration of an application or matter before it under these Rules pending the provision of such further material or evidence as it considers necessary or appropriate. LEGAL PROFESSION ADMISSION RULES 2005 - REG 12 12 The Board may inform itself of any matter which it considers relevant to an application before it in any manner it thinks appropriate, but the Board shall not determine an application adversely to an applicant on material not supplied by the applicant without first giving notice of the material to the applicant. LEGAL PROFESSION ADMISSION RULES 2005 - REG 13 13 (1) Subject to the provisions of the Act, the Board, the Legal Qualifications Committee or the Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, relax any of these Rules. (2) An application for relaxation of the Rules shall be made through the Executive Officer not less than 14 days before the meeting at which the application is to be considered. (3) Without derogating from the generality of sub-rule (1), the Board may relax any of the rules relating to the eligibility of a person for admission as a lawyer or for registration as a student-at-law. (4) An application for relaxation of any of the rules relating to the qualification of lawyers or students-at-law may be made together with a corresponding application for admission or registration. LEGAL PROFESSION ADMISSION RULES 2005 - REG 14 14 (1) Every applicant for admission as a lawyer and every applicant for registration as a student-at law shall, if required by the Board, provide answers to such questions as the Board may put relating to his or her conduct, and shall if required attend the Board for the purpose of providing further explanations. (2) If an applicant fails to provide answers within one month of being required to do so, or fails to attend the Board as required, the Board may, without further notice, refuse the application. LEGAL PROFESSION ADMISSION RULES 2005 - REG 15 15 The Legal Qualifications Committee is hereby constituted to superintend the qualification of candidates for admission and to advise the Board in relation to the accreditation of academic and practical training courses. LEGAL PROFESSION ADMISSION RULES 2005 - REG 16 16 (1) The Legal Qualifications Committee shall consist of the following persons: (a) three Judges nominated by the Chief Justice, (b) three Barristers nominated by the Bar Council, (c) three Solicitors nominated by the Law Society Council, and (d) three Professors of Law or full-time Law Lecturers nominated by the Committee of NSW Law Deans. (2) The Legal Qualifications Committee may, by co-option, appoint up to three further members being persons who are or have been Judges, Barristers, Solicitors, Legal Practitioners, Lawyers, Professors of Law or full-time Law Lecturers. (3) The person or body responsible for an appointment or nomination under this rule may vary that appointment or nomination. LEGAL PROFESSION ADMISSION RULES 2005 - REG 17 17 Nominations under rule 16 shall be made to the Executive Officer. LEGAL PROFESSION ADMISSION RULES 2005 - REG 18 18 (1) The term of office of a member of the Legal Qualifications Committee shall normally be from 1 July of an even numbered year to 30 June of the next even numbered year. (2) All positions become vacant on 30 June of an even numbered year. (3) Members may be re-nominated for subsequent terms. LEGAL PROFESSION ADMISSION RULES 2005 - REG 19 19 The Legal Qualifications Committee shall elect: (a) as its Chairperson a Judge appointed under rule 16 (1) (a), and (b) a Deputy Chairperson to exercise all the powers of the Chairperson when the Chairperson is absent. LEGAL PROFESSION ADMISSION RULES 2005 - REG 20 20 The Executive Officer shall be the Executive Officer of the Legal Qualifications Committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 21 21 Five members shall constitute a quorum of the Legal Qualifications Committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 22 22 The Legal Qualifications Committee shall appoint an Academic Exemptions Sub- Committee of up to three members to determine applications under rule 97. LEGAL PROFESSION ADMISSION RULES 2005 - REG 23 23 The Legal Qualifications Committee shall appoint a Practical Training Exemptions Sub-Committee of up to three members to determine applications under rule 98. LEGAL PROFESSION ADMISSION RULES 2005 - REG 24 24 The Legal Qualifications Committee shall appoint an Accreditation Sub-Committee of up to three members to make recommendations relating to the recognition and accreditation of courses under these Rules. LEGAL PROFESSION ADMISSION RULES 2005 - REG 25 25 The Legal Qualifications Committee may delegate to its Chairperson, a member, several members, the Executive Officer or any combination of the foregoing the making of a decision or decisions on any matter or class of matters, provided always that a person aggrieved by a decision of a delegate on any matter may apply for a reconsideration of the matter by the Legal Qualifications Committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 26 26 The Legal Qualifications Committee is accountable to the Board and shall report to the Board at least once in each calendar year as to its activities, including in its report any proposals the Committee may wish to make about the Rules, procedures or other matters relating to the Committee’s work. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27 27 The Examinations Committee is hereby constituted to oversee the content and conduct of the Board’s examinations and the candidatures of students-at-law. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27A 27A (1) The Examinations Committee shall consist of the following persons: (a) two Judges nominated by the Chief Justice, (b) one Barrister nominated by the Bar Council, (c) one Solicitor nominated by the Law Society Council, (d) the Director of the Law Extension Committee, and (e) two Examiners appointed by the Chairperson of the Examinations Committee. (2) The Examinations Committee may, by co-option, appoint up to two further members being persons who are or have been Judges, Barristers, Solicitors, Legal Practitioners, Lawyers, Professors of Law or full-time Law Lecturers. (3) The person or body responsible for an appointment or nomination under this rule may vary that appointment or nomination. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27B 27B Nominations under rule 27A shall be made to the Executive Officer. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27C 27C (1) The term of office of a member of the Examinations Committee shall normally be from 1 July of an even numbered year to 30 June of the next even numbered year. (2) All positions become vacant on 30 June of an even numbered year. (3) Members may be re-nominated for subsequent terms. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27D 27D The Examinations Committee shall elect: (a) as its Chairperson a Judge appointed under rule 27A (1) (a), and (b) a Deputy Chairperson to exercise all the powers of the Chairperson when the Chairperson is absent. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27E 27E The Executive Officer shall be the Executive Officer of the Examinations Committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27F 27F Four members shall constitute a quorum of the Examinations Committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27G 27G The Examinations Committee shall appoint a Performance Review Sub-Committee of up to three members to determine applications under rule 67. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27H 27H The Examinations Committee shall appoint a Curriculum Sub-Committee of up to three members: (a) to plan and periodically review, in consultation with Examiners and Revising Examiners, the curriculum and syllabi for the Board’s examinations, and (b) to prescribe materials on which the Board’s examinations may be set. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27I 27I The Examinations Committee shall appoint a Quality Sub-Committee of up to three members to oversee the quality of the Board’s examinations and the marking of examination papers. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27J 27J (1) The Examinations Committee shall in the name of the Board appoint such Examiners and Revising Examiners as are required to set and mark the Board’s examinations. (2) Every appointment under sub-rule (1) shall, unless otherwise specified, be for a single examination period. (3) The Examinations Committee may delegate to its Chairperson, a member, several members, the Executive Officer or any combination of the foregoing the making of a decision on any particular matter or class of matters, provided always that a person aggrieved by a decision of a delegate on any matter may apply for a reconsideration of the matter by the Examinations Committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 27K 27K The Examinations Committee is accountable to the Board and shall report to the Board at least once in each calendar year as to its activities, including in its report any proposals the Committee may wish to make about the Rules, procedures or other matters relating to the Committee’s work. LEGAL PROFESSION ADMISSION RULES 2005 - REG 28 28 An application for registration as a student-at-law shall be in and to the effect of Form 1. LEGAL PROFESSION ADMISSION RULES 2005 - REG 29 29 A person is eligible to apply for registration as a student-at-law if he or she intends to remain in Australia during the whole of his or her candidature for the Board’s examinations and: (a) has passed the Special Tertiary Admissions Test (STAT MC or STAT T) with a mark of 149 or above, (b) is a graduate, (c) has completed the NSW Higher School Certificate achieving the levels set out in the following table: __________________________________________________________________ | | |Minimum English mark calculated as| |Years |Minimum Level |an average of HSC examination and | |_______________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| |__________________________________________________________________| (d) has completed the equivalent of the NSW Higher School Certificate examination in Australia or New Zealand, achieving a level equivalent to one of the levels set out in the table in paragraph (c), (e) holds an associate degree or a diploma, advanced diploma or associate diploma from an Australian university or TAFE college, (f) has passed the International Baccalaureate examination with a result of 30 points or more and a result in English A of at least 4 points at the Higher Level or 5 points at the Standard level, (g) has been admitted to candidature for a degree in an Australian or New Zealand university, (h) has qualified in a TAFE college or elsewhere for the award of a Certificate III or Certificate IV as assessed by the Australian Qualifications Framework, (i) has gained qualifications outside Australia equivalent to a Diploma, Advanced Diploma, Certificate III or Certificate IV, (j) has been employed as a paralegal or a legal secretary undertaking actual legal work under supervision for at least three years, or (k) has been or is either a police officer or a registered nurse who has passed examinations in either of those professions. LEGAL PROFESSION ADMISSION RULES 2005 - REG 30 30 (1) Subject to sub-rules (2) and (4), where the Board is satisfied that an applicant for registration as a student-at-law is eligible for registration it shall register the applicant as a student-at-law. (2) The Board may refuse to register an applicant if it is not satisfied that he or she is of good fame and character and otherwise suitable for registration. (3) In considering whether an applicant is suitable for registration, the Board may have regard to the suitability matters set out in section 9 of the Act. (4) The Board may refuse to register an applicant if it is not satisfied that the applicant intends to reside in Australia during his or her candidature for the Board’s examinations. LEGAL PROFESSION ADMISSION RULES 2005 - REG 31 31 (1) The Executive Officer shall notify an applicant for registration as a student-at-law of the outcome of his or her application as soon as practicable after the meeting at which the application is considered. (2) If the Board refuses to register an applicant, he or she may ask the Board to give reasons for the refusal. (3) An applicant who is aggrieved by a refusal of an application may ask the Board to reconsider the application, and may request an oral hearing before a committee of the Board. LEGAL PROFESSION ADMISSION RULES 2005 - REG 37 37 An application to the Board under section 26 of the Act for a declaration that particular matters will not adversely affect an assessment by the Board of a person’s suitability for admission shall be in and to the effect of Form 4. LEGAL PROFESSION ADMISSION RULES 2005 - REG 39 39 At the time of making an application to the Board under this Part, the applicant shall serve a copy of the application on each of the Bar Association and the Law Society. LEGAL PROFESSION ADMISSION RULES 2005 - REG 40 40 The Bar Association and the Law Society shall inform the Board of their attitude to an application under this Part within 12 weeks of receiving the application. LEGAL PROFESSION ADMISSION RULES 2005 - REG 41 41 (1) The Board may proceed to determine an application under this Part without the attendance of any person unless the applicant, the Bar Association or the Law Society requests an oral hearing. (2) If any of the applicant, the Bar Association or the Law Society desires an oral hearing, the Board shall proceed in accordance with Part 10 of these Rules. LEGAL PROFESSION ADMISSION RULES 2005 - REG 43 43 (1) A law school which proposes to offer an accredited law degree with effect from 1 January in any year may apply to the Board by 30 June in the preceding year for accreditation of the degree. (2) An application under sub-rule (1) must include details of the subjects proposed to be taught and the proposed requirements for the degree. (3) The Board shall refer an application under sub-rule (1) to the Legal Qualifications Committee, which shall refer the application to the Accreditation Sub-Committee. (4) The Accreditation Sub-Committee shall, after considering the material referred to it under sub-rule (3), recommend to the Legal Qualifications Committee: (a) that the degree be recognised as requiring the completion of at least three years full-time study of law, and a satisfactory level of understanding and competence in the areas of knowledge set out in rule 95 (1) (b) and the Fifth Schedule except for the trust accounting component of Professional Conduct, (b) that the degree be so recognised only in respect of a holder of the degree who has taken one or more designated elective subjects within the degree, or (c) that the degree not be so recognised. (5) The Legal Qualifications Committee shall, after considering the recommendation of the Accreditation Sub-Committee under sub-rule (4), recommend to the Board that the degree be accredited or not be accredited. (6) The Board shall, after considering the recommendation of the Legal Qualifications Committee under sub-rule (5): (a) accredit the degree, (b) accredit the degree only in respect of a holder of the degree who has taken one or more designated elective subjects within the degree, or (c) refuse to accredit the degree, in each case with effect from 1 January in the succeeding year. (7) The Executive Officer shall notify the law school accordingly. LEGAL PROFESSION ADMISSION RULES 2005 - REG 44 44 (1) Not later than 30 June each year, the Head of each law school offering an accredited law degree shall notify the Board of: (a) any material alteration which has been made to the curriculum for the degree, (b) any material alteration which is proposed to be made to the curriculum for the degree, and (c) his or her opinion as to whether the requirements for the award of the degree include the demonstration of a satisfactory level of understanding and competence in the areas of knowledge set out in rule 95 (1) (b) and the Fifth Schedule except for the trust accounting component of Professional Conduct. (2) The Board shall refer the material supplied under sub-rule (1) to the Legal Qualifications Committee, which shall refer the material to the Accreditation Sub-Committee. (3) The Accreditation Sub-Committee shall, after considering the material referred to it under sub-rule (2), recommend to the Legal Qualifications Committee that the accreditation of the degree be confirmed or that it not be confirmed. (4) The Legal Qualifications Committee shall, after considering the recommendation of the Accreditation Sub-Committee under sub-rule (3), recommend to the Board that the accreditation of the degree be confirmed or that it not be confirmed. (5) The Board shall, after considering the recommendation of the Legal Qualifications Committee under sub-rule (4), determine that the accreditation of the degree be confirmed or that it not be confirmed. (6) The Executive Officer shall, not later than 30 September of the year in which notification was given under sub-rule (1), notify the law school: (a) that the accreditation of the degree has been confirmed, or (b) that the accreditation of the degree has not been confirmed, and in this case (c) that the accreditation of the degree may be withdrawn. (7) If the Board has determined under sub-rule (5) that the accreditation of the degree not be confirmed, the Board may withdraw the accreditation unless the curriculum or proposed curriculum is amended to the satisfaction of the Board. LEGAL PROFESSION ADMISSION RULES 2005 - REG 45 45 Where accreditation of a law degree is withdrawn under rule 44, the degree shall, for the purposes only of the application of these Rules to a student who commenced the degree course prior to the withdrawal of accreditation, be taken to be an accredited law degree, provided that student has passed examinations in the areas of knowledge set out in rule 95 (1) (b) and the Fifth Schedule. LEGAL PROFESSION ADMISSION RULES 2005 - REG 45A 45A Where a law degree is accredited under rule 43, or where accreditation of a law degree is withdrawn under rule 44, the Second Schedule is amended accordingly. LEGAL PROFESSION ADMISSION RULES 2005 - REG 45B 45B (1) Not later than 30 June each year, the Director of each institution offering an approved course of practical training shall give notification to the Board of: (a) any material alteration which has been made to the curriculum of the course, (b) any material alteration which is proposed to be made to the curriculum of the course, and (c) his or her opinion as to whether the requirements for the successful completion of the course include evidence of the attainment of the competencies set out in rule 96 (1) (b) and the Sixth Schedule. (2) The Board shall, after considering the material provided by the institution under sub-rule (1), determine that the approval of the course be confirmed or that it not be confirmed. (3) The Executive Officer shall, not later than 30 September of the year in which notification was given under sub-rule (1), notify the institution: (a) that the approval of the course has been confirmed, or (b) that the approval of the course has not been confirmed, and in this case (c) that the approval of the course may be withdrawn. (4) If the Board has determined under sub-rule (2) that the approval of the course not be confirmed, the Board may withdraw the approval unless the curriculum or proposed curriculum is amended to the satisfaction of the Board. LEGAL PROFESSION ADMISSION RULES 2005 - REG 45C 45C Where approval of a practical training course is withdrawn under rule 45B, the Fourth Schedule is amended accordingly. LEGAL PROFESSION ADMISSION RULES 2005 - REG 46 46 The Board’s Examinations shall be held twice each year at such places and times as the Board shall appoint. LEGAL PROFESSION ADMISSION RULES 2005 - REG 47 47 Only students-at-law shall sit for the Board’s Examinations. LEGAL PROFESSION ADMISSION RULES 2005 - REG 53 53 The Board’s examinations are: (a) the following subjects: Legal Institutions Contracts Torts Criminal Law and Procedure Real Property Australian Constitutional Law Equity Commercial Transactions Administrative Law Law of Associations Evidence Taxation and Revenue Law Succession Conveyancing Practice and Procedure Legal Ethics Jurisprudence (b) three of the following subjects: Insolvency Conflict of Laws Family Law Local Government and Planning Industrial Law Intellectual Property Law Public International Law Competition and Consumer Law Understanding Legal Language and Legislation LEGAL PROFESSION ADMISSION RULES 2005 - REG 54 54 (1) The Examinations Committee may recommend to the Board: (a) a variation of the list of examinations and subjects set out in rule 53, (b) a variation in the order in which the subjects are to be taken, and (c) any transitional arrangements which may be necessary to accommodate a variation of the subjects or the order in which they are taken. (2) The Board may approve a recommendation under sub-rule (1), with or without amendment, refuse to approve the recommendation, or remit it to the Examinations Committee for further consideration. LEGAL PROFESSION ADMISSION RULES 2005 - REG 55 55 Upon the Board accepting a recommendation under rule 54, the list of examinations shall be deemed varied as and from the next set of examinations, without the necessity for any amendment of rule 53, and thereafter the examinations as varied shall constitute the Board’s examinations. LEGAL PROFESSION ADMISSION RULES 2005 - REG 58 58 (1) No student-at-law whose application for registration as a student-at-law is lodged later than 1 March in any year shall sit for the Legal Institutions examination in September of that year. (2) No student-at-law whose application for registration as a student-at-law is lodged later than 1 September in any year shall sit for the Legal Institutions examination in March of the succeeding year. LEGAL PROFESSION ADMISSION RULES 2005 - REG 59 59 (1) A student-at-law who has not passed the examinations in or been credited with or exempted from at least 11 subjects must sit for the examination in the order in which they appear in rule 53 or in any variation thereof under rule 55. (2) A student-at-law who has passed the examinations in or been credited with or exempted from at least 11 subjects may sit for the examinations in the remaining subjects in any order. (3) A student-at-law must not, at any one sitting, sit for examination in more than two subjects until he or she has passed or been credited with or exempted from eight compulsory subjects after which he or she may not, at any one sitting, sit for examination in more than three subjects. (4) The Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, relax this rule. LEGAL PROFESSION ADMISSION RULES 2005 - REG 60 60 (1) A person desirous of proceeding to any examination or examinations under these Rules (in this and succeeding rules referred to as "the candidate") shall make application to the Board for enrolment in accordance with the procedures and within the times set out in the Course Information Handbook for the session in which he or she intends to proceed. (2) The candidate shall enrol for the examination or examinations and at the same time for the corresponding course or courses of instruction conducted by the Law Extension Committee. (3) At the time of enrolling, the candidate shall pay to the Board the examination fee and also such fees for the courses of instruction conducted by the Law Extension Committee as have been fixed from time to time by the University of Sydney. LEGAL PROFESSION ADMISSION RULES 2005 - REG 61 61 (1) Subject to sub-rule (2) the Boards examinations may be undertaken only at the examination centres set out in the Course Information Handbook. (2) The Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, permit a candidate to undertake an examination at an alternative centre. LEGAL PROFESSION ADMISSION RULES 2005 - REG 63 63 If the Board determines not to hold an examination at a country centre, the candidates who desired to sit for the examination at that centre shall be notified in time to enable them to sit for the examination in Sydney or at such other country centre as the Board may determine. LEGAL PROFESSION ADMISSION RULES 2005 - REG 63A 63A A candidate who has enrolled for and undertaken a course of instruction in a subject of examination conducted by the Law Extension Committee and who has completed the requirements of the course may sit for the examination in that subject unless the Law Extension Committee notifies the candidate and the Examinations Committee prior to the examination that the candidate has not completed the requirements of the course to the satisfaction of the Law Extension Committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 64 64 Subject to rule 67, any candidate who, without prior leave of the Examinations Committee, fails to sit for examination in at least two subjects in any two successive sessions shall be excluded from taking any further examination prescribed by these Rules. LEGAL PROFESSION ADMISSION RULES 2005 - REG 65 65 Subject to rule 67, a candidate who has passed the examinations in all subjects except one and fails to sit for examination in the remaining subject at least once in any two successive sessions shall be excluded from taking any further examination in the remaining subject. LEGAL PROFESSION ADMISSION RULES 2005 - REG 66 66 Subject to rule 67, a candidate who fails any subject a second time shall be excluded from taking any further examination prescribed by these Rules. LEGAL PROFESSION ADMISSION RULES 2005 - REG 67 67 (1) A person excluded by rule 64, rule 65 or rule 66 may apply to the Examinations Committee for a relaxation of the Rules. (2) The Examinations Committee shall refer an application under sub- rule (1) to the Performance Review Sub-Committee or to the Executive Officer. (3) The Performance Review Sub-Committee or the Executive Officer may, in circumstances which it or he or she regards as sufficiently special and upon such conditions as it or he or she thinks fit, relax rule 64, rule 65 or rule 66. LEGAL PROFESSION ADMISSION RULES 2005 - REG 71 71 (1) A person aggrieved by a determination of the Performance Review Sub-Committee or the Executive Officer under rule 67 may, within one month of being given notice of the determination or within such extended time as the Examinations Committee may allow, apply to the Examinations Committee for a review of the determination. (2) A person aggrieved by a determination of the Examinations Committee under sub-rule (1) may, within one month of being given notice of the determination or within such extended time as the Board may allow, apply to the Board for a review of the determination. LEGAL PROFESSION ADMISSION RULES 2005 - REG 77 77 The Examinations Committee may refer to the Board any matter relating to the examinations. LEGAL PROFESSION ADMISSION RULES 2005 - REG 78 78 The Examinations Committee may, in circumstances which it regards as sufficiently special and upon such conditions as it thinks fit, grant: (a) exemption from any examination prescribed by these Rules, or (b) exemption from any of the requirements of this Part. LEGAL PROFESSION ADMISSION RULES 2005 - REG 78A 78A (1) The Board may award academic prizes to candidates in respect of their performance in the Board’s examinations. (2) The terms and conditions of each prize shall be determined by the Board. LEGAL PROFESSION ADMISSION RULES 2005 - REG 79 79 (1) Upon request and upon payment of the prescribed fee, the Executive Officer may issue the following certificates: (a) a certificate of registration as a student-at-law, (b) a certificate of current admission, (c) a certificate of academic record. LEGAL PROFESSION ADMISSION RULES 2005 - REG 80 80 (1) Subject to sub-rule (2), a person who has passed the Board’s examinations save those from which he or she has been exempted, is entitled to receive from the Board a certificate entitled “Diploma in Law”. (2) No person is entitled to receive the Diploma if he or she has sat for and passed fewer than half of the Board’s examinations. (3) Subject to sub-rule (4), no charge shall be made for the issue of a Diploma. (4) A person who wishes to receive from the Board a Diploma to which he or she is entitled on account of examinations completed more than one year before making application for that Diploma, shall pay to the Board the fee prescribed in the Third Schedule for original diplomas and certificates. (5) Upon receipt of a Diploma in Law, the person named therein shall be entitled to adopt the description of the holder of that Diploma, and shall be entitled to use the post-nominal “DipLaw”. LEGAL PROFESSION ADMISSION RULES 2005 - REG 81 81 A student-at-law who is awarded an academic prize by the Board is entitled to receive from the Board a certificate relating to that prize. LEGAL PROFESSION ADMISSION RULES 2005 - REG 82 82 The Examinations Committee and the Law Extension Committee shall be vigilant to detect any cases of cheating in examinations or in home assignments (in this Part referred to as academic misconduct). LEGAL PROFESSION ADMISSION RULES 2005 - REG 83 83 (1) Where an allegation of academic misconduct is made against a student-at-law, the Executive Officer shall, unless he or she is of the view that the allegation is frivolous, put the allegation to the student-at-law and request the student-at-law to show cause in writing within 14 days why he or she should not be dealt with under rule 84. (2) The Executive Officer shall refer the allegation, and any response by the student-at-law, to the Examinations Committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 84 84 (1) The Committee shall consider any allegation of academic misconduct referred to it by the Executive Officer, and any response by the student-at-law, and may decide: (a) that the allegation is not substantiated, (b) that the allegation is substantiated, but that no action should be taken in respect of the allegation, or (c) that an oral hearing should be held in respect of the allegation. (2) Where the Examinations Committee decides that an oral hearing should be held, the procedure for the hearing shall be as close as practicable to the procedure set out in Part 10. (3) The Examinations Committee may, after considering the allegation, any response of the student-at-law, and any report of a hearing committee, decide: (a) that the allegation is not substantiated, (b) that the allegation is substantiated but that no action should be taken in respect of the allegation, or (c) that the allegation is substantiated and: (ca) that the student-at-law be admonished or reprimanded, (cb) that the student-at-law be refused admission to further examinations for a defined period, or (cc) that the matter be reported to the Board. LEGAL PROFESSION ADMISSION RULES 2005 - REG 85 85 Upon any matter coming before the Board under rule 84 (3) (c) (cc), the Board may decide: (a) that no action be taken, (b) that the student-at-law be admonished or reprimanded, (c) that the student-at-law be refused admission to further examinations for a defined period, or (d) that the registration of the student as a student-at-law be cancelled. LEGAL PROFESSION ADMISSION RULES 2005 - REG 86 86 A student-at-law aggrieved by a decision of the Examinations Committee under rule 84 (3) (c) (ca) or rule 84 (3) (c) (cb) may apply to the Board for a review of the decision. LEGAL PROFESSION ADMISSION RULES 2005 - REG 87 87 (1) Where an allegation of misconduct, not being academic misconduct under rule 82, is made against a student-at-law, the Executive Officer shall, unless he or she is of the view that the allegation is frivolous, put the allegation to the student-at-law and request the student-at-law to show cause in writing within 14 days why he or she should not be dealt with under rule 88. (2) The Executive Officer shall refer the allegation, and any response by the student-at-law, to the Board. LEGAL PROFESSION ADMISSION RULES 2005 - REG 88 88 (1) The Board shall consider any allegation of misconduct referred to it by the Executive Officer under rule 87 (2), and any response by the student-at-law, and may decide: (a) that the allegation is not substantiated, (b) that the allegation is substantiated, but that no action should be taken in respect of the allegation, or (c) that an oral hearing should be held in respect of the allegation. (2) Where the Board decides that an oral hearing should be held, the procedure for the hearing shall be as close as practicable to the procedure set out in Part 10. (3) Where an oral hearing is held, the Board may, after considering the allegation, any response of the student-at-law, and any report of a hearing committee, decide: (a) that the allegation is not substantiated, (b) that the allegation is substantiated but that no action should be taken in respect of the allegation, or (c) that the allegation is substantiated and: (ca) that the student-at-law be admonished or reprimanded, or (cb) that the registration of the student as a student-at-law be cancelled. LEGAL PROFESSION ADMISSION RULES 2005 - REG 89 89 Whenever the Board considers that an oral hearing of any matter before it is necessary or desirable, or where an oral hearing is requested under rule 31 (3) or required under rule 41, the President shall convene a hearing committee unless he or she considers that the hearing should be before the whole Board. LEGAL PROFESSION ADMISSION RULES 2005 - REG 90 90 (1) A hearing committee shall consist of one or more members nominated by the President. (2) Where more than one person is nominated, the President shall also nominate a Chairperson. LEGAL PROFESSION ADMISSION RULES 2005 - REG 91 91 (1) The Chairperson of a hearing committee, or the sole member thereof, shall notify the applicant and all other persons entitled to participate in the hearing of the time and place of a preliminary conference at which directions will be given with respect to the hearing. (2) At the preliminary conference the Chairperson, or sole member of the hearing committee, shall give such directions as to the conduct of the oral hearing as he or she considers just. LEGAL PROFESSION ADMISSION RULES 2005 - REG 93 93 (1) The Chairperson or sole member of a hearing committee shall report to the Board in respect of the oral hearing. (2) The Board shall not finalise its consideration of the matter to which the hearing relates before receiving the report of the hearing committee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 94 94 A person is eligible for admission as a lawyer if he or she has satisfied: (a) the academic requirements for admission, (b) the practical training requirement for admission and (c) such test of the English language competence as the Board from time to time by resolution prescribes. LEGAL PROFESSION ADMISSION RULES 2005 - REG 95 95 (1) The academic requirements for admission are: (a) completion of a tertiary academic course, whether or not leading to a degree in law, which includes the equivalent of at least three years full-time study of law and which is recognised in at least one Australian jurisdiction as providing sufficient academic training for admission by the Supreme Court of that jurisdiction as a lawyer, and (b) completion of courses of study, whether as part of (a) or otherwise, which are recognised in at least one Australian jurisdiction, for the purposes of academic requirements for admission by the Supreme Court of that jurisdiction as a lawyer, as providing sufficient academic training in the following areas of knowledge: • Criminal Law and Procedure • Torts • Contracts • Property both Real (including Torrens system land) and Personal • Equity • Administrative Law • Federal and State Constitutional Law • Civil Procedure • Evidence • Company Law • Professional Conduct (2) A synopsis of the areas of knowledge referred to in sub-rule (1) (b) is set out in the Fifth Schedule. (3) The academic courses conducted in New South Wales which are recognised as satisfying the requirements of sub-rule (1) are: (a) the Board’s examinations set out in rule 53, and (b) the courses listed in the Second Schedule. LEGAL PROFESSION ADMISSION RULES 2005 - REG 96 96 (1) The practical training requirement for admission is completion of a course of practical training or articles: (a) which is recognized in at least one Australian jurisdiction as providing sufficient practical training for admission by the Supreme Court of that jurisdiction as a lawyer, and (b) which includes evidence of the attainment of competencies in the following areas: • Skills • Lawyers’ Skills • Problem Solving • Work Management and Business Skills • Trust and Office Accounting • Practice Areas • Civil Litigation Practice • Commercial and Corporate Practice • Property Law Practice • One of the following: • Administrative Law Practice • Criminal Law Practice • Family Law Practice • One of the following: • Consumer Law Practice • Employment and Industrial Relations Practice • Planning and Environmental Law Practice • Wills and Estates Practice • Values • Ethics and Professional Responsibility (2) A synopsis of the competencies referred to in sub-rule (1) (b) is set out in the Sixth Schedule. (3) The practical training courses conducted in New South Wales which are recognized as satisfying the requirement of sub-rule (1) are listed in the Fourth Schedule. LEGAL PROFESSION ADMISSION RULES 2005 - REG 97 97 (1) A person who falls within one of the categories set out in sub- rule (2) may apply to the Legal Qualifications Committee for exemption from some or all of the examinations set out in rule 53. (2) The categories referred to in sub-rule (1) are: (a) persons who have undertaken studies towards meeting the academic requirements for admission in an Australian state or territory, but who have not completed those requirements, (b) persons who have undertaken studies towards meeting the academic requirements for admission in a jurisdiction outside Australia, but who have not completed those requirements, (c) persons who have completed the academic requirements for admission in a jurisdiction outside Australia, but who have not been admitted in that jurisdiction, (d) persons who have completed the academic requirements for admission in a jurisdiction outside Australia and who have been admitted in that jurisdiction, but who have not practised in that jurisdiction, and (e) persons who have completed the academic requirements for admission in a jurisdiction outside Australia and who have been admitted in that jurisdiction, and who have practised in that jurisdiction. (3) The Academic Exemptions Sub-Committee may exempt a person who falls within category (a) of sub-rule (2) from undertaking any examination referred to in rule 53 if it is satisfied that the person has covered the substance of the subject matter of that examination in his or her earlier studies. (4) The Academic Exemptions Sub-Committee may exempt a person who falls within category (b) of sub-rule (2) from undertaking: (a) any examination referred to in rule 53 if it is satisfied that the person has covered the substance of the subject matter of that examination in his or her earlier studies, and (b) any examination referred to in rule 53 (b) if it is satisfied that the person has completed a law subject of equivalent educational standing in his or her earlier studies, and account has not been taken of that subject under paragraph (a). (5) Subject to sub-rule (6), the Academic Exemptions Sub-Committee may exempt a person who falls within category (c) or category (d) of sub-rule (2) from undertaking any or all of the examinations referred to in rule 53, if it is satisfied that the person has completed a course of study which is comparable in depth and scope with the course of study required for the examinations prescribed by rule 53. (6) The Academic Exemptions Sub-Committee may not under sub-rule (5) exempt a person from undertaking an examination corresponding to any of the subject areas set out in rule 95 (1) unless it is satisfied that the person has covered the substance of the subject matter of that examination in his or her earlier studies. (7) The Academic Exemptions Sub-Committee may exempt a person who falls within category (e) of sub-rule (2) from undertaking any examination referred to in rule 53 if it is satisfied, having regard to the person’s academic qualifications, the system of law applicable in the jurisdiction in which the person has been admitted and practised, and the nature and extent of the person’s practical experience, that he or she ought not be required to undertake that examination. (8) The Academic Exemptions Sub-Committee may grant exemptions on such conditions as it thinks fit. (9) Notwithstanding sub-rule (1) no student-at-law shall apply under this rule for any exemption arising from studies which he or she has undertaken after registering as a student-at-law unless he or she has obtained the prior approval of the Legal Qualifications Committee to undertake those studies. (10) An application for exemption under this rule shall be in and to the effect of Form 16. (11) A person aggrieved by a determination of the Academic Exemptions Sub-Committee under this rule may, within one month of the making of the determination, or within such extended time as the Legal Qualifications Committee may allow, request the Legal Qualifications Committee to review the determination. LEGAL PROFESSION ADMISSION RULES 2005 - REG 98 98 (1) A person who falls within one of the categories set out in sub- rule (2) may apply to the Legal Qualifications Committee for exemption from practical training in some or all of the competencies set out in sub-rule (3). (2) The categories referred in sub-rule (1) are: (a) persons who have been admitted as lawyers in a foreign jurisdiction, (b) persons who have attained the age of 30 years, and have completed either seven years service as a New South Wales government, or government related, employee performing legal services, or 15 years service in courts administration in New South Wales. (3) The competencies referred to in sub-rule (1) are: • Skills • Lawyers’ Skills • Problem Solving • Work Management and Business Skills • Practice areas • Civil Litigation Practice • Commercial and Corporate Practice • Property Law Practice • One of the following: • Administrative Law Practice • Criminal Law Practice • Family Law Practice • One of the following: • Consumer Law Practice • Employment and Industrial Relations Practice • Planning and Environmental Law Practice • Wills and Estates Practice (4) The Practical Training Exemptions Sub-Committee may exempt a person from practical training in a skill or practice area if it is satisfied that the person has attained the level of competence in that skill or practice area which would be expected of a graduate of one of the practical training courses listed in the Fourth Schedule. (5) A person who has been exempted under sub-rule (4) from practical training in one or more skills or practice areas shall, before making application for admission as a lawyer, complete coursework and pass examinations approved by the Practical Training Exemptions Sub- Committee in: (a) Ethics and Professional Responsibility, (b) Trust and Office Accounting, and (c) those skills and practice areas referred to in sub-rule (2) from which he or she has not been exempted. (6) An application for exemption under this rule shall apply in and to the effect of Form 17. (7) At the time of making an application to the Board under this rule the applicant shall serve a copy of an application on the Law Society. (8) A person aggrieved by a determination of the Practical Training Exemptions Sub-Committee under sub-rule (4) may, within one month of the making of the determination, or within such extended time as the Legal Qualifications Committee may allow, request the Legal Qualifications Committee to review the determination. (9) The Practical Training Exemptions Sub-Committee may grant exemptions on such conditions as it thinks fit. LEGAL PROFESSION ADMISSION RULES 2005 - REG 99 99 (1) An applicant for admission who has not previously been admitted as a lawyer in any jurisdiction shall apply to the Board in and to the effect of Form 10. (2) An application for admission under sub-rule (1) shall be accompanied by two certificates of character in and to the effect of Form 3. (3) An applicant for admission who has previously been admitted as a lawyer in a jurisdiction outside Australia and New Zealand shall apply to the Board in and to the effect of Form 11. (4) An application for admission under sub-rule (3) shall be accompanied by two certificates of character in and to the effect of Form 3A. (5) An applicant for admission whose name has been ordered by the Court or by a disciplinary tribunal to be removed from the Roll of Barristers, the Roll of Solicitors, the Roll of Legal Practitioners or the Roll of Lawyers in New South Wales shall apply for re- admission in and to the effect of Form 12. (6) A copy of an application for re-admission under sub-rule (5) shall be provided to each of the New South Wales Bar Association and the Law Society of New South Wales. LEGAL PROFESSION ADMISSION RULES 2005 - REG 107 107 Where the Board is satisfied that an applicant for admission has complied with the admission rules and is both eligible for admission and suitable for admission it shall: (a) approve the applicant as a fit and proper person to be admitted, and (b) issue a Compliance Certificate in Form 13. LEGAL PROFESSION ADMISSION RULES 2005 - REG 108 108 No person shall move the Court for admission, whether previously admitted elsewhere or not, unless the Board has issued a Compliance Certificate in respect of that person. LEGAL PROFESSION ADMISSION RULES 2005 - REG 109 109 (1) The fees to be charged for applications and services are those set out in the Third Schedule. (2) Once in each calendar year the Board shall review the fees to be charged. (3) Where the Board varies the fees to be charged, the Third Schedule is amended accordingly. LEGAL PROFESSION ADMISSION RULES 2005 - REG 110–112 110–112 LEGAL PROFESSION ADMISSION RULES 2005 - REG 113 113 (1) A person may apply to the Board for the waiver of any fee payable under these Rules, other than a fee payable under rule 60 (3) in respect of courses of instruction conducted by the Law Extension Committee. (2) No fee is payable in respect of an application under this rule. LEGAL PROFESSION ADMISSION RULES 2005 - REG 113A 113A (1) Each of the following bodies or persons shall continue in office under these Rules: (a) the Legal Qualifications Committee and the Examinations Committee constituted under the Legal Practitioners Admission Rules 1994, (b) the Academic Exemptions Sub-Committee, the Practical Training Exemptions Sub-Committee, the Accreditation Sub- Committee, the Curriculum Sub-Committee and the Quality Committee appointed under the under the Legal Practitioners Admission Rules 1994, (c) the Executive Officer appointed under the Legal Practitioners Admission Rules 1994, (2) The Board and each of the bodies and persons referred to in sub- rule (1) shall carry out their duties in such a way as to ensure, as far as practicable, that there is a smooth transition from the operations of the Legal Practitioners Admission Board under the Legal Practitioners Admission Rules 1994 to those of the Legal Profession Admission Board under the Legal Profession Admission Rules 2005. LEGAL PROFESSION ADMISSION RULES 2005 - REG 114 114 (1) A student-at-law who has passed an examination under the Barristers and Solicitors New Examination Rules, the Barristers and Solicitors Admission Rules 1989 or the Legal Practitioners Admission Rules 1994 shall be deemed to have passed the corresponding subject in the Board’s examinations. (2) A student-at-law who has passed or been credited with the examination in Preliminary before 1 May 1993 shall be deemed to have passed the examination in Legal Institutions and one of the examinations referred to in rule 53 (b). LEGAL PROFESSION ADMISSION RULES 2005 - REG 115 115 (1) Any person who considers that he or she has suffered special prejudice as a result of the taking effect of these Rules may apply to the Board for relief from such special prejudice. (2) The Board may in its discretion grant any application under this rule unconditionally, or on such conditions as it considers appropriate. LEGAL PROFESSION ADMISSION RULES 2005 - REG 116 116 Where these Rules provide that an application shall be in a particular form, the form referred to is the form included in Schedule 1. LEGAL PROFESSION ADMISSION RULES 2005 - REG 117 117 An application under these rules shall not be made to the Board, the Legal Qualifications Committee or the Examinations Committee unless the application has attached to it all necessary supporting material and is accompanied by the prescribed fee. LEGAL PROFESSION ADMISSION RULES 2005 - REG 118 118 The Board may delegate to the President, a member, several members, the Executive Officer or any combination of the foregoing the making of a decision on any matter or class of matters, provided always that a person aggrieved by a decision of a delegate on any matter may apply to the Board for a reconsideration of the matter. LEGAL PROFESSION ADMISSION RULES 2005 - SCHEDULE 1 SCHEDULE 1 – (Forms) _____________________________________________________________________________ | | | |The contents of | | |Application for | |this application | |Legal Profession |Registration as a |Form 1 Rule 28 |may be disclosed to| |Admission Board |Student-at-law | |law admitting | | | | |authorities and law| |_____________________________________________________________________________| |1. Applicant |SURNAME |TITLE | |_________________________________________________________| |______________________________________| | |GENDER |DATE OF BIRTH (dd/| |_________________________________________________________| |_____________________________________________________________________________| |______________________________________| | |POSTAL ADDRESS (if | | |different from | |______________________________________| | |BUSINESS PHONE |HOME PHONE NUMBER | |_________________________________________________________| |_________________________________________________________| |_________________________________________________________ | |I meet the | | | | |requirements for | | | |2. Entry |Entry Category No. | |Provide category | |Qualifications |and I have attached| |number in adjacent | | |the required | |box | | |supporting | | | |_____________________________________________________________________________| |______________________________________| | |(a) I have received| | | |academic exemptions| | | |from the Legal | | |3. Academic |Profession |Delete if not | |Exemptions |Admission Board. I |applicable | | |attach a copy of a | | | |letter from the | | | |Board granting | | |_________________________________________________________| | |(b) I have | | | |submitted an | | | |application for |Delete if not | | |academic exemption |applicable | | |and I am awaiting | | | |an outcome of that | | |_________________________________________________________| | |Consider the | | | |following three | | | |declarations | | |4. Declarations |carefully and sign | | | |in the space | | | |provided only if | | | |the statement | | |_________________________________________________________| | |4.1 I have not | | | |previously | | | |registered as a | | | |student-at-law with|Sign here if true | | |the Legal | | | |Profession | | |_________________________________________________________| | |4.2 I have not done| | | |anything likely to | | | |affect adversely my| | | |good fame and | | | |character, and I am|Sign here if true | | |not aware of any | | | |matter or | | | |circumstance that | | | |might reflect badly| | |_________________________________________________________| | |4.3 I reside in | | | |Australia and I | | | |intend to continue | | | |residing in |Sign here if true | | |Australia during | | | |candidature for the| | | |Board’s | | |_________________________________________________________| | |The above | | | |information and | | | |declarations I have| | | |given in this form | | | |are true and | | | |complete. I | | | |authorise the Board| | | |to obtain from any | | | |relevant | | | |institution at | | |5. Certification &|which I have |Sign and Date | |Authorisation |pursued any course |// | | |of study or | | | |training, such | | | |documents as the | | | |Board considers | | | |necessary for the | | | |purpose of its | | | |determination of | | | |whether I am | | | |suitable for | | | |registration as a | | |_________________________________________________________| _____________________________________________________________________________ | |Certificate of | |The contents of this| | |Character for an | |application may be | |Legal Profession|applicant for |Form 3 Rule 99 |disclosed to law | |Admission Board |admission who has |(2) |admitting | | |not previously been| |authorities and law | | |admitted | |regulatory bodies. | |_____________________________________________________________________________| |_____________________________________________________________________________| |________________________________________________________| | | | |You must not be | |2. Referee |SURNAME |TITLE |related to the | | | | |applicant by blood | |_____________________________________________________________________________| |____________________________________| |____________________________________| | |HOME TELEPHONE |WORK TELEPHONE | |________________________________________________________| |____________________________________| | |I am at least 30 |You must be at | |3. Reference |years of age. |least 30 years of | |________________________________________________________| | | |You must have known| | |I have known the |the applicant for | | |applicant foryears.|at least three | |________________________________________________________| | | |State the | | | |circumstances in | | | |which you have | | | |known the | |________________________________________________________| | | |Give your opinion | | | |of the | | | |applicant’s | | | |character, | | | |reputation and | | | |suitability for | | | |admission as a | | | |lawyer. Include a | | | |reference to their | | | |honesty and | |________________________________________________________| _________________ |_________________| _____________________________________________________________________________ | |Certificate of | | | | |Character for a | |The contents of this| | |person who has not | |application may be | |Legal Profession|previously been |Form 3A Rule 99 |disclosed to law | |Admission Board |admitted in |(4) |admitting | | |Australia or New | |authorities and law | | |Zealand but who has| |regulatory bodies. | | |been admitted | | | |_____________________________________________________________________________| |_____________________________________________________________________________| |________________________________________________________| |_____________________________________________________________________________| |____________________________________| |____________________________________| | |HOME TELEPHONE |WORK TELEPHONE | |________________________________________________________| | | |You must be | | |OCCUPATION |admitted as a | |________________________________________________________| | |I am at least of 30|You must be at | |3. Reference |years of age. |least 30 years of | |________________________________________________________| | | |You must have known| | |I have known the |the applicant for | | |applicant foryears.|at least three | |________________________________________________________| | | |State the | | | |circumstances in | | | |which you have | | | |known the | |________________________________________________________| | | |Give your opinion | | | |of the | | | |applicant’s | | | |character, | | | |reputation and | | | |suitability for | | | |admission as a | | | |lawyer. Include a | | | |reference to their | | | |honesty and | |________________________________________________________| _________________ |_________________| Form No 4 IN THE MATTER OF THE APPLICATION OF (Full name) AND IN THE MATTER OF S.26 OF THE TO: The Executive Officer, Legal Profession Admission Board. I,of (Full name) (Private address, including postcode) and (official or business address, including postcode) hereby apply pursuant to S.26 of the Legal Profession Act 2004 for a declaration that the matters set out in the Schedule hereto will not, without more, adversely affect an assessment by the Board of my good fame and character. I file herewith statutory declaration(s) in support of my application. I provide in a statutory declaration details of any criminal charge made against me and any findings against me by a Court, including details of the specific Section and Act under which I was charged. I understand that it is necessary to serve a copy of this application on both the New South Wales Bar Association and The Law Society of New South Wales within seven days of filing this application. (signature of applicant and date) Note: If the matter referred to in the Schedule refers to a charge heard before a Court, the Board normally expects to be provided with a full copy of the depositions or transcript of that hearing. Form No 5 ____________________________________ |____________________________________| |____________________________________| UNDER S.26 OF THE TO: The Executive Officer, Legal Profession Admission Board The NEW SOUTH WALES BAR ASSOCIATION/THE LAW SOCIETY OF NEW SOUTH WALES Having been served with a copy of the above application on20notifies/notify you as follows: 1. The application is opposed / not opposed. 2. It is desired to cross-examine the applicant and the persons listed below before the Board. 3. Further material should be furnished by the applicant on the following aspect of the application before it can be properly considered. Form 7 LEGAL PROFESSION ADMISSION BOARD CERTIFICATE OF CURRENT ADMISSION I,of Sydney, in the State of New South Wales, in the Commonwealth of Australia, Executive Officer of the Legal Profession Admission Board of the said State, and being the Officer having ordinarily the custody of the records relating to the admission of Lawyers of the said Sate, DO HEREBY CERTIFY:was on theday ofin the year two thousand andadmitted as a Barrister / Solicitor / Legal Practitioner / Lawyer of the Supreme Court of the said State, and thatname is still on the Roll of Local Lawyers and has never been removed therefrom. The Board does not hold records of disciplinary proceedings or suspensions from practice. Such information should be sought from the relevant professional organisations being the New South Wales Bar Association, 174 Phillip Street, Sydney, or the Law Society of New South Wales, 170 Phillip Street, Sydney. ____________________________________________________________________________ ||GIVEN under my hand and the seal of the Legal Profession Admission Board at| |____________________________________________________________________________| |____________________________________________________________________________| Form 7A LEGAL PROFESSION ADMISSION BOARD CERTIFICATE EVIDENCING ADMISSION-RELATED DISCLOSURE I,of Sydney, in the State of New South Wales, in the Commonwealth of Australia, Executive Officer of the Legal Profession Admission Board of the said State, and being the Officer having ordinarily the custody of the records relating to the admission of Lawyers of the said State, DO HEREBY CERTIFY: that the attached document inpage(s), signed and dated by me, was part of an application for admission byand was taken into account by the Admission Board in its determination of the applicant’s application for admission as a Barrister, Solicitor, Legal Practitioner or Lawyer of the Supreme Court of New South Wales The Board does not hold records of disciplinary proceedings or suspensions from practice. Such information should be sought from the relevant professional organisations being the New South Wales Bar Association, 174 Phillip Street, Sydney, or the Law Society of New South Wales, 170 Phillip Street, Sydney. ____________________________________________________________________________ ||Given under my hand and the seal of the Legal Profession Admission Board at| |____________________________________________________________________________| |____________________________________________________________________________| Form No 8 LEGAL PROFESSION ADMISSION BOARD Be it known thathas passed the examinations prescribed by the Legal Profession Admission Rules at the conclusion of Term (insert number), (insert year) and has been awarded the DIPLOMA IN LAW In witness whereof The Seal of the Board has been hereunto affixed on theday ofin the year two thousand and Chief Justice of New South Wales Executive Officer Form No 9 TRANSCRIPT OF ACADEMIC RECORD (Date) (Name) (Student Number) has the following academic record in examinations conducted under the Legal Profession Admission Rules: _______________________ |_______________________| (Name) was awarded the Diploma in Law following the Semester, (Year) examinations. [lhrule] Entries below this line are NOT VALID Executive Officer ____________________________________________________________________________ | |Application for | | | | |Admission as a | |The contents of | | |Lawyer by a | |this application | |Legal Profession|person who has not |Form 10 Rule 99 |may be disclosed to| |Admission Board |previously been |(1) |law admitting | | |admitted in | |authorities and law| | |Australia, New | |regulatory bodies. | | |Zealand or | | | |____________________________________________________________________________| |1. Ceremony |Scheduled admission|Insert date. | |________________________________________________________| |____________________________________________________________________________| |________________________________________________________| |____________________________________| | |HOME TELEPHONE |WORK TELEPHONE | |________________________________________________________| |________________________________________________________| |____________________________________| | |(a) I have | | | |completed the |Complete or strike | |3. Academic |Board’s |out each of (a), | |Requirements |examinations. My |(b), (c) and (d) as| | |student-at-law |necessary. | |________________________________________________________| | |*(b) I have a law | | |degree from a | | |university in New | | |South Wales listed | | |in the Second | | |Schedule as | |____________________________________| |____________________________________________________________________________| | |*I attach an | | |original academic | | |transcript showing | | |completion of the | | |requirements for | |____________________________________| | |*(c) I have a law | | |degree from a | | |university in | | |another Australian | | |state or territory | |____________________________________| |____________________________________________________________________________| | |*I attach an | | |original academic | | |transcript showing | | |completion of the | | |requirements for | | |the degree, and a | | |Dean’s | | |certificate in the | |____________________________________| | |(d) I have been | | |exempted by the | | |Board from further | | |studies on the | | |basis of studies | | |completed | | |elsewhere. I attach| | |a copy of a letter | | |from the Board | | |confirming the | |____________________________________| | |*(a) I have | | |4. Practical |completed a course |Complete or strike | |Training |of practical |out each of (a), | |Requirements |training listed in |(b) and (c) as | | |the Fourth Schedule|necessary. | |________________________________________________________| |____________________________________________________________________________| | |*I attach an | | |original official | | |certificate/letter/| | |transcript showing | | |completion of the | | |requirements of the| |____________________________________| | |(b) I have | | |completed a course | | |of practical | | |training or | | |articles which is | | |recognised in | | |another Australian | | |state as providing | | |sufficient | | |practical training | | |for admission by | | |the Supreme Court | | |of that state as a | | |lawyer. I attach an| | |original | | |certificate showing| | |completion of the | | |course, and | | |evidence that the | | |requirements of the| | |course include | | |evidence of the | | |attainment of | | |competencies in the| | |areas set out in | |____________________________________| | |(c) I have attained| | |the age of 30 years| | |and have completed | | |seven years service| | |as a New South | | |Wales government | | |employee performing| | |legal services or | | |15 years service in| | |courts | | |administration in | | |New South Wales and| | |have been exempted | | |by the Board from | | |practical training | | |in some or all of | | |the competencies | | |set out in rule 98 | | |(3). I attach a | | |copy of a letter | | |from the Board | | |granting | | |exemptions, and | | |evidence of having | | |completed approved | | |coursework and | | |examinations in | | |Ethics and | | |Professional | | |Responsibility, | | |Trust and Office | | |Accounting, and | | |those competencies | | |from which I have | |____________________________________| | |(a) I declare that | | | |I have undertaken | | | |the final two years| | | |of my secondary | | | |education and the | | | |study for the | | | |academic | | | |qualification in | | | |law on which I rely| | | |for admission in a | | | |country where | | | |English is the | | | |native or first | | | |language and that I| | | |have lived in that | | | |country or | | | |countries for the | | | |duration of those | | | |studies. I provide | | | |details of the | | |5. English |institution, |Complete or strike | |Language |country and dates |out each of (a) and| |Proficiency |attended where I |(b) as necessary. | |Requirements |undertook my | | | |secondary and | | | |tertiary education:| | | |i. Secondary | | | |Education | | | |Where did you | | | |complete your | | | |secondary | | | |education? | | | |Institution: | | | |Country: | | | |Dates from//to// | | | |ii. Tertiary | | | |Education | | | |Where did you | | | |complete your | | | |tertiary education?| | | |Institution: | | | |Country: | | | |Dates from//to// | | |________________________________________________________| | |(b) I have | | |completed the IELTS| | |(academic) test | | |achieving an | | |aggregate score of | | |8 or more as | | |indicated in the | | |table below which | | |is no more than 2 | | |years old. I attach| | |the original IELTS | | |Test Report Form | | |(TRF) dated: | |____________________________________| | |IELTS | |____________________________________| | |Overall |Section minimum | |________________________________________________________| | | |7 listening | | |8 |7 reading | | | |8 writing | |________________________________________________________| | |Consider each of | | |the following | | |declarations | | |carefully and | | |EITHER• Place | |6. Declarations |your signature in | |— suitability |the box if the | |matters |declaration is | | |true,OR• Strike | | |out the declaration| | |to show that the | | |declaration is not | | |applicable (do not | |____________________________________| | | |Individually sign | | |Declarations |each box OR strike | |________________________________________________________| | |6.1. I have not | | | |previously been | | | |admitted or refused| | | |admission as a | | | |lawyer in any | | | |jurisdiction in | | | |Australia or in a | | |________________________________________________________| | |6.2 I am and always| | | |have been of good | | | |fame and character | | | |and I have not done| | | |or suffered | | | |anything likely to | | | |reflect adversely | | | |on my good fame and| | | |character, and I am| | | |not aware of any | | | |matter or | | | |circumstance that | | | |might affect my | | | |suitability to be | | | |admitted as a | | |________________________________________________________| | |6.3 I am not and | | | |never have been an | | | |insolvent under | | |________________________________________________________| | |6.4 I have never | | | |been convicted of | | | |an offence in | | | |Australia or in a | | | |foreign country. | | | | Note: 1. | | | | Section 11 | | | | of the | | | | Legal | | | | Profession | | | | Act 2004 | | | | (References | | | | to | | | | convictions | | | | for | | | | offences) | | | | provides | | | | that | | | | reference | | | | to a | | | | conviction | | | | includes a | | | | finding of | | | | guilt, or | | | | the | | | | acceptance | | | | of a | | | | guilty | | | | plea, | | | | whether or | | | | not a | | | | conviction | | | | is | | | | recorded.2. | | | | Clause 11 | | | | of the | | | | Criminal | | | | Records | | | | Regulation | | | | 2004 | | | | provides | | | | applicants | | | | for | | | | admission | | | | are | | | | excluded | | | | from | | | | consequences | | | | of | | | | convictions | | | | being | | |________________________________________________________| | |6.5 I have never | | | |practised law in | | | |Australia or a | | | |foreign country | | | |when not permitted | | | |by or under a law | | | |of that country to | | | |do so or in | | | |contravention of | | | |any condition of | | | |permission to | | |________________________________________________________| | |6.6 I am not and | | | |never have been the| | | |subject of an | | | |unresolved | | | |investigation, a | | | |charge, an order or| | | |a complaint under | | | |the Legal | | | |Profession Act | | | |2004, a | | | |corresponding | | | |previous Act, a | | | |corresponding | | | |Australian law or a| | | |corresponding | | |________________________________________________________| | |6.7 I am not the | | | |subject of current | | | |disciplinary | | | |action, however | | | |expressed, in | | | |another profession | | | |or occupation in | | | |Australia or a | | | |foreign country and| | | |I have not been the| | | |subject of | | | |disciplinary | | | |action, however | | | |expressed, relating| | | |to another | | | |profession or | | | |occupation that | | | |involved an adverse| | |________________________________________________________| | |6.8 I am not and | | | |have never been the| | | |subject of | | | |disciplinary action| | | |in a tertiary | | | |education | | | |institution in | | | |Australia or in a | | | |foreign country | | | |that involved an | | |________________________________________________________| | |6.9 I have never | | | |contravened a law | | | |about trust money | | | |or trust accounts | | | |in Australia or in | | |________________________________________________________| | |6.10 I am not and | | | |never have been | | | |subject to an order| | | |under the Legal | | | |Profession Act | | | |2004, a law of the | | | |Commonwealth or a | | | |corresponding law | | | |disqualifying me | | | |from being employed| | | |by an Australian | | | |legal practitioner | | | |or from managing an| | | |incorporated legal | | |________________________________________________________| | |6.11 I do not | | | |suffer from any | | | |infirmity, injury, | | | |mental or physical | | | |illness, impairment| | | |or disability which| | | |makes me unable to | | | |carry out the | | | |inherent | | | |requirements of | | | |practice as an | | | |Australian legal | | |________________________________________________________| Disclosure _____________________________________________________________________________ ||If you have not signed one of the above | | ||declarations, you must sign 6.12 and | | ||attach the relevant disclosure(s) or if |Sign or strike out the declaration| ||6.12 does not apply strike a line through| | |_____________________________________________________________________________| ||6.12 I attach signed and dated disclosure| | ||(s) setting out full details of the | | ||circumstances associated with any of the | | ||above declarations which I have not | | |_____________________________________________________________________________| Authorisation _____________________________________________________________________________ |_____________________________________________________________________________| ||6.13 I authorise the Board to obtain from any relevant institution| | ||at which I have pursued any course of study or training, such | | ||documents as the Board considers necessary for the purpose of its | | ||determination of whether I am a fit and proper person to be | | |_____________________________________________________________________________| Signature __________________________________________________________________________ |__________________________________________________________________________| ||The above information and declarations I have given in this| | |__________________________________________________________________________| _____________________________________________________________________________ | |Application for | | | | |Admission as a | | | | |Lawyer by a | |The contents of | | |person who has not| |this application | |Legal Profession |previously been |Form 11 Rule 99 |may be disclosed to| |Admission Board |admitted in |(3) |law admitting | | |Australia or New | |authorities and law| | |Zealand but who | |regulatory bodies. | | |has been admitted | | | |_____________________________________________________________________________| | |Scheduled | | |1. Ceremony |admission ceremony|Insert date. | |_________________________________________________________| |_____________________________________________________________________________| |_________________________________________________________| |_____________________________________| | |HOME TELEPHONE |WORK TELEPHONE | |_________________________________________________________| |_________________________________________________________| |_____________________________________| | |I have previously | | |3. Jurisdiction(s)|been admitted as a| | |of Admission |lawyer in the | | | |following | | |_________________________________________________________| | |I attach an | | |original | | |certificate not | | |more than 35 days | | |old from the | | |admitting | | |authority in each | | |jurisdiction in | | |which I have been | | |admitted, showing | | |the date of my | | |admission and that| | |I am in good | | |professional | | |standing in that | |_____________________________________| | |(a) I have | | | |completed the |Complete or strike | |4. Academic |Board’s |out each of (a), | |Requirements |examinations. My |(b), (c) and (d) as| | |student-at-law |necessary. | |_________________________________________________________| | |(b) I have a law | | |degree from a | | |university in New | | |South Wales listed| | |in the Second | | |Schedule as | |_____________________________________| |_____________________________________________________________________________| | |I attach an | | |original academic | | |transcript showing| | |completion of the | | |requirements for | |_____________________________________| | |(c) I have a law | | |degree from a | | |university in | | |another Australian| | |state or territory| |_____________________________________| |_____________________________________________________________________________| | |I attach an | | |original academic | | |transcript showing| | |completion of the | | |requirements for | | |the degree, and a | | |Dean’s | | |certificate in the| |_____________________________________| | |(d) I have been | | |exempted by the | | |Board from further| | |studies on the | | |basis of studies | | |completed | | |elsewhere. I | | |attach a copy of a| | |letter from the | | |Board confirming | |_____________________________________| | |(a) I have | | | |completed a course|Complete or strike | |5. Practical |of practical |out each of (a), | |Training |training listed in|(b) and (c) as | |Requirements |the Fourth |necessary. | | |Schedule as | | |_________________________________________________________| |_____________________________________________________________________________| | |I attach an | | |original | | |certificate | | |showing completion| | |of all the | | |requirements of | |_____________________________________| | |(b) I have | | |completed a course| | |of practical | | |training or | | |articles which is | | |recognized in | | |another Australian| | |state or territory| | |as providing | | |sufficient | | |practical training| | |for admission by | | |the Supreme Court | | |of that state or | | |territory as a | | |lawyer. I attach | | |an original | | |certificate | | |showing completion| | |of the course, and| | |evidence that the | | |requirements of | | |the course include| | |evidence of the | | |attainment of | | |competencies in | | |the areas set out | | |in the Sixth | |_____________________________________| | |(c) I have been | | |admitted as a | | |lawyer in a | | |foreign | | |jurisdiction and | | |have been exempted| | |by the Board from | | |practical training| | |in some or all of | | |the competencies | | |set out in rule 98| | |(3). I attach a | | |copy of a letter | | |from the Board | | |granting | | |exemptions, and | | |evidence of having| | |completed approved| | |coursework and | | |examinations in | | |Ethics and | | |Professional | | |Responsibility, | | |Trust and Office | | |Accounting, and | | |those competencies| | |from which I have | |_____________________________________| | |a) I declare that | | | |I have undertaken | | | |the final two | | | |years of my | | | |secondary | | | |education and the | | | |study for the | | | |academic | | | |qualification in | | | |law on which I | | | |rely for admission| | | |in a country where| | | |English is the | | | |native or first | | | |language and that | | | |I have lived in | | | |that country or | | | |countries for the | | | |duration of those | | | |studies. I provide| | |6. English |details of the | | |Language |institution, |Complete or strike | |Proficiency |country and dates |out each of (a) and| |Requirements |attended where I |(b) as necessary. | |Applicable from 1 |undertook my | | |July 2008 |secondary and | | | |tertiary | | | |education: | | | |i. Secondary | | | |Education | | | |Where did you | | | |complete your | | | |secondary | | | |education | | | |Institution | | | |Country | | | |Dates: from//to// | | | |ii. Tertiary | | | |Education | | | |Where did you | | | |complete your | | | |tertiary education| | | |Institution | | | |Country | | | |Dates: from//to// | | |_________________________________________________________| | |b) I have | | |completed the | | |IELTS (academic) | | |test achieving an | | |aggregate score of| | |8 or more as | | |indicated in the | | |table below which | | |is no more than 2 | | |years old. I | | |attach the | | |original IELTS | | |Test Report Form | |_____________________________________| | |IELTS | |_____________________________________| | |Overall |Section minimum | |_________________________________________________________| | | |7 listening | | |8 |7 reading | | | |8 writing | |_________________________________________________________| | |Consider each of | | |the following | | |declarations | | |carefully and: | | |EITHER• Place | | |your signature in | |7. Declarations |the box if the | |— Suitability |declaration is | |matters |true,OR• Strike | | |out the | | |declaration to | | |show that the | | |declaration is not| | |applicable (do not| |_____________________________________| | | |Individually sign | | |Declarations |each box OR strike | |_________________________________________________________| | |7.1. I have not | | | |previously been | | | |refused admission | | | |as a lawyer in any| | | |jurisdiction in | | | |Australia or in a | | |_________________________________________________________| | |7.2 I am and | | | |always have been | | | |of good fame and | | | |character and I | | | |have not done or | | | |suffered anything | | | |likely to reflect | | | |adversely on my | | | |good fame and | | | |character, and I | | | |am not aware of | | | |any matter or | | | |circumstance that | | | |might affect my | | | |suitability to be | | | |admitted as a | | |_________________________________________________________| | |7.3 I am not and | | | |never have been an| | | |insolvent under | | |_________________________________________________________| | |7.4 I have never | | | |been convicted of | | | |an offence in | | | |Australia or in a | | | |foreign country. | | | | Note: 1. | | | | Section 11 | | | | of the | | | | Legal | | | | Profession | | | | Act 2004 | | | | (References | | | | to | | | | convictions | | | | for | | | | offences) | | | | provides | | | | that | | | | reference | | | | to a | | | | conviction | | | | includes a | | | | finding of | | | | guilt, or | | | | the | | | | acceptance | | | | of a | | | | guilty | | | | plea, | | | | whether or | | | | not a | | | | conviction | | | | is | | | | recorded.2. | | | | Clause 11 | | | | of the | | | | Criminal | | | | Records | | | | Regulation | | | | 2004 | | | | provides | | | | applicants | | | | for | | | | admission | | | | are | | | | excluded | | | | from | | | | consequences | | | | of | | | | convictions | | | | being | | |_________________________________________________________| | |7.5 I have never | | | |engaged in legal | | | |practice in | | | |Australia when not| | | |admitted or in | | | |contravention of | | | |any condition of | | | |admission, or when| | | |not holding a | | | |practising | | | |certificate as | | | |required by law or| | | |in contravention | | | |of any condition | | | |of a certificate | | | |or whilst a | | | |certificate has | | |_________________________________________________________| | |7.6 I have never | | | |practised law in a| | | |foreign country | | | |when not permitted| | | |by or under a law | | | |of that country to| | | |do so or in | | | |contravention of | | | |any condition of | | | |permission to | | |_________________________________________________________| | |7.7 I am not and | | | |never have been | | | |subject to an | | | |unresolved | | | |complaint, | | | |investigation, | | | |charge or order | | | |under the Legal | | | |Profession Act | | | |2004, a | | | |corresponding | | | |previous Act, a | | | |corresponding | | | |Australian law or | | | |a corresponding | | |_________________________________________________________| | |7.8 I am not the | | | |subject of current| | | |disciplinary | | | |action, however | | | |expressed, in | | | |another profession| | | |or occupation in | | | |Australia or a | | | |foreign country | | | |and I have not | | | |been the subject | | | |of disciplinary | | | |action, however | | | |expressed, | | | |relating to | | | |another profession| | | |or occupation that| | | |involved an | | |_________________________________________________________| | |7.9 My name has | | | |never been removed| | | |from a local roll,| | | |an interstate role| | |_________________________________________________________| | |7.10 I have never | | | |had a right to | | | |engage in legal | | | |practice suspended| | | |or cancelled in | | | |Australia or in a | | |_________________________________________________________| | |7.11 I have never | | | |contravened a law | | | |about trust money | | | |or trust accounts | | | |in Australia or in| | |_________________________________________________________| | |7.12 No | | | |supervisor, | | | |manager or | | | |receiver has ever | | | |been appointed in | | | |relation to any | | | |legal practice in | | | |which I have been | | |_________________________________________________________| | |7.13 I am not and | | | |never have been | | | |subject to an | | | |order under the | | | |Legal Profession | | | |Act 2004, a law of| | | |the Commonwealth | | | |or a corresponding| | | |law disqualifying | | | |me from being | | | |employed by or a | | | |partner of an | | | |Australian legal | | | |practitioner or | | | |from managing an | | | |incorporated legal| | |_________________________________________________________| | |7.14 I do not | | | |suffer from any | | | |infirmity, injury,| | | |mental or physical| | | |illness, | | | |impairment or | | | |disability which | | | |makes me unable to| | | |carry out the | | | |inherent | | | |requirements of | | | |practice as an | | | |Australian legal | | |_________________________________________________________| Disclosure _____________________________________________________________________________ ||If you have not signed one of the above | | ||declarations, you must sign 7.15 and | | ||attach the relevant disclosure(s) or if |Sign or strike out the declaration| ||7.15 does not apply strike a line through| | |_____________________________________________________________________________| ||7.15 I attach signed and dated disclosure| | ||(s) setting out full details of | | ||circumstances associated with any of the | | ||above declarations which I have not | | |_____________________________________________________________________________| Authorisation _____________________________________________________________________________ |_____________________________________________________________________________| ||7.16 I authorise the Board to obtain from any relevant institution| | ||at which I have pursued any course of study or training, such | | ||documents as the Board considers necessary for the purpose of its | | ||determination of whether I am a fit and proper person to be | | |_____________________________________________________________________________| Signature __________________________________________________________________________ |__________________________________________________________________________| ||The above information and declarations I have given in this| | |__________________________________________________________________________| ____________________________________________________________________________ | |Application for Re-| | | | |admission as a | | | | |Lawyer by a | | | | |person whose name | | | | |has been removed | |The contents of | | |from the roll of | |this application | |Legal Profession |barristers, the |Form 12 Rule 99 |may be disclosed to| |Admission Board |roll of solicitors,|(5) |law admitting | | |the roll of legal | |authorities and law| | |practitioners or | |regulatory bodies. | | |the roll of lawyers| | | | |by order of the | | | | |Court or of a | | | | |disciplinary | | | |____________________________________________________________________________| |____________________________________________________________________________| |________________________________________________________| |_____________________________________| | |HOME TELEPHONE |WORK TELEPHONE | |________________________________________________________| |________________________________________________________| |_____________________________________| | |I was admitted as | | | |ain New South Wales| | |2. Admission in |onMy name was | | |New South Wales |struck from the | | | |roll onby order of | | |________________________________________________________| | |I have previously | | |3. Admission in |been admitted as a | | |Jurisdiction(s) |lawyer in the | | |outside New South|following | | |Wales |jurisdiction(s) | | | |outside New South | | |________________________________________________________| | |I attach the | | | |following | | | |documents.A. A | | | |statement marked | | | |“A” setting | | | |out:• the matters| | | |and circumstances | | | |which led to my | | | |name being struck | | | |from the roll of | | | |lawyers;• my | | | |views as to those | | | |circumstances and | | | |the decision to | | | |strike my name from| | | |the roll;• the | | | |events which have | | | |tended to re- | | | |establish my good | | | |fame and | | | |character;• my | | | |law-related | | | |experience since my| | | |name was struck | | | |from the roll;• | | | |other matters which| | | |I believe are | | | |relevant to this | | | |application.B. A | | | |transcript of the | | | |proceedings which | | | |led to my name | | | |being struck from | | | |the roll of | | | |lawyers, marked | | | |“B”.C. | | | |Certificates of | | |4. Attachments |character marked | | | |“C1”, “C2”,| | | |“C3” etc. You | | | |may use form 3 or | | | |3A as a guide, or | | | |alternatively | | | |references may be | | | |provided in the | | | |form of a letter.D.| | | |Original | | | |certificates not | | | |more than 35 days | | | |old from the | | | |admitting | | | |authorities in each| | | |jurisdiction | | | |outside New South | | | |Wales in which I | | | |have been admitted,| | | |showing the date of| | | |my admission and my| | | |professional | | | |standing in that | | | |jurisdiction, | | | |marked “D1”, | | | |“D2”, “D3” | | | |etc.E. Other | | | |documents relevant | | | |to my application, | | | |marked “E1”, | | | |“E2”, “E3” | | | |etc.Please note: | | | |There is no | | | |specific | | | |requirement as to | | | |the number of | | | |attachments | | |________________________________________________________| 5. Declarations ____________________________________________________________________________ | |Consider each of the following | | |declarations carefully and in the | | |vacant box adjacent to each | | |EITHER | | |Place your signature to make the | | |adjacent declaration, | | |OR | | |Place an ‘X’ to show that you do| |____________________________________________________________________________| |Declarations |Individually sign or mark with an | |____________________________________________________________________________| |5.1 I have not previously been admitted| | |or refused admission as a lawyer in any| | |other jurisdiction in Australia or in a| | |foreign country except to the extent | | |____________________________________________________________________________| |5.2 I am not and never have been an | | |____________________________________________________________________________| |5.3 I have never been convicted of an | | |offence in Australia or in a foreign | | |country. | | | Note: 1. Section 11 of the | | | Legal Profession Act 2004 | | | (References to convictions | | | for offences) provides that | | | reference to a conviction | | | includes a finding of guilt, | | | or the acceptance of a guilty | | | plea, whether or not a | | | conviction is recorded.2. | | | Clause 11 of the Criminal | | | Records Regulation 2004 | | | provides applicants for | | | admission are excluded from | | | consequences of convictions | | |____________________________________________________________________________| |5.4 I have never engaged in legal | | |practice in Australia when not admitted| | |or in contravention of any condition of| | |admission, or when not holding a | | |practising certificate as required by | | |law or in contravention of any | | |condition of a certificate or whilst a | | |____________________________________________________________________________| |5.5 I have never practised law in a | | |foreign country when not permitted by | | |or under a law of that country to do so| | |or in contravention of any condition of| | |____________________________________________________________________________| |5.6 I am not the subject of current | | |disciplinary action, however expressed,| | |in another profession or occupation in | | |Australia or a foreign country and I | | |have not been the subject of | | |disciplinary action, however expressed,| | |relating to another profession or | | |occupation that involved an adverse | | |____________________________________________________________________________| |5.7 My name has never been removed from| | |____________________________________________________________________________| |5.8 My right to engage in legal | | |practice has never been suspended or | | |cancelled in another state or in a | | |____________________________________________________________________________| |5.9 I have never contravened a law | | |about trust money or trust accounts in | | |____________________________________________________________________________| |5.10 No supervisor, manager or receiver| | |has ever been appointed in relation to | | |any legal practice in which I have been| | |____________________________________________________________________________| |5.11 I do not suffer from any | | |infirmity, injury, mental or physical | | |illness, impairment or disability which| | |makes me unable to carry out the | | |inherent requirements of practice as an| | |____________________________________________________________________________| |5.12 I am not aware of any matter or | | |circumstance, other than the matters | | |and circumstances which led to my name | | |being struck from the roll of lawyers, | | |that might affect my suitability to be | | |____________________________________________________________________________| |5.13 I attach a disclosure setting out | | |full details of matters and | | |circumstances which, in addition to | | |those which led to my name being struck| | |from the roll of lawyers, might | | |adversely affect an assessment of my | | |good fame and character or my | | |suitability to be re-admitted as a | | |____________________________________________________________________________| Disclosure _____________________________________________________________________________ ||If you have not signed one of the above | | ||declarations, you must sign 5.14 and | | ||attach the relevant disclosure(s) or if |Sign or strike out the declaration| ||5.14 does not apply strike a line through| | |_____________________________________________________________________________| ||5.14 I attach signed and dated disclosure| | ||(s) setting out full details of | | ||circumstances associated with any of the | | ||above declarations which I have not | | |_____________________________________________________________________________| Authorisation _____________________________________________________________________________ |_____________________________________________________________________________| ||5.15 I authorise the Board to obtain from any relevant institution| | ||at which I have pursued any course of study or training, such | | ||documents as the Board considers necessary for the purpose of its | | ||determination of whether I am a fit and proper person to be | | |_____________________________________________________________________________| Signature __________________________________________________________________________ |__________________________________________________________________________| ||The above information and declarations I have given in this| | |__________________________________________________________________________| Form No 13 COMPLIANCE CERTIFICATE To the Prothonotary The persons listed in the Schedule have been certified by the Legal Profession Admission Board as: • Eligible for admission • Fit and proper persons to be admitted SCHEDULE (List names) Dated, 20 Executive Officer Legal Profession Admission Board Form No 15 LEGAL PROFESSION ADMISSION BOARD (name of prize) is awarded for the Semester (1 or 2) Examinations of (year) to (name of recipient) Given under the seal of the Legal Profession Admission Board on the (numbered) day of (month and year) Presiding Member Executive Officer _____________________________________________________________________________ | |Application for | | |Legal Profession|Academic | | |Admission Board |exemptions |Form 16 | | |pursuant to rule| | |________________________________________________| | |N.B. The | | |contents of this| | |form may be | | |disclosed to Law| | |admitting | | |authorities and | | |Law regulatory | |_________________________________| |_________________________________| |________________________________________________| |_________________________________| |________________________________________________| |________________________________________________| | |This application| | |is made pursuant| |4 Application |to rule 97 | |category |(2)insert (a), | | |(b), (c), (d) or| |_________________________________| |5 Law studies |Country |Country | |________________________________________________| |________________________________________________| |_____________________________________________________________________________| | |In this section | | |tick the boxes | | |which denote the| | |documents you | | |are providing. | | |See information | | |overleaf about | | |the documents | | |normally | | |supplied. | | |Documents should| | |wherever | | |possible be A4 | | |sized.• an | | |original | | |transcript of | | |academic record | | |in Law marked | | |“A” □• | | |copy of official| |6 Documents in |descriptions of | |support of |academic law | |application |subjects marked | | |“B” □• | | |information on | | |the academic | | |standing of the | | |institution | | |conducting my | | |studies marked | | |“C” □• | | |evidence of my | | |admission as a | | |lawyer (an | | |original | | |certificate from| | |an admitting | | |authority) | | |marked “D” | | |□• a | | |description of | | |my practice as a| | |lawyer marked | |_________________________________| | |To the best of | | |my knowledge and| |7 Declaration of|belief the | |applicant |information in | | |this application| |_________________________________| |______________________________________________________________| __________________________________________________________________________ |Legal Profession Admission|Application for Practical | | |Board |training exemption |Form 17 | |__________________________________________________________________________| | |N.B. The contents of this | | |form may be disclosed to | | |Law admitting authorities | |_____________________________________________________| |_____________________________________________________| |__________________________________________________________________________| |_____________________________________________________| |__________________________________________________________________________| |__________________________________________________________________________| | |This application is made | |4 Application category |pursuant to rule 98 | |_____________________________________________________| | |If previously admitted | |5 Previous admission |provide details and attach| | |copy of certificate of | |_____________________________________________________| |__________________________________________________________________________| | |If practical training | | |course completed in | |6 Previous practical |another jurisdiction | |training |provide details and attach| | |original certificate of | | |completion and official | |_____________________________________________________| |__________________________________________________________________________| | |In this section, tick the | | |boxes which denote the | | |elements of practical | | |training from which you | |7 Documents in support of |seek exemption. In | |application |relation to each element, | | |state on A4 pages the | | |basis of your request for | | |exemption and provide any | |_____________________________________________________| | |SKILLS AND PRACTICE AREAS |TICK IF EXEMPTION IS| |__________________________________________________________________________| |__________________________________________________________________________| |__________________________________________________________________________| |__________________________________________________________________________| | |3 Work Management and | | |__________________________________________________________________________| |__________________________________________________________________________| | |4 Civil Litigation | | |__________________________________________________________________________| | |5 Commercial and Corporate| | |__________________________________________________________________________| |__________________________________________________________________________| | |7 Administrative Law | | | |Practice OR | | | |Criminal Law Practice OR | | |__________________________________________________________________________| | |8 Consumer Law Practice OR| | | |Employment and Industrial | | | |Relations Practice OR | | | |Planning and Environmental| | | |Law Practice OR | | |__________________________________________________________________________| | |To the best of my | | |knowledge and belief all | |8 Declaration of applicant|the information in or | | |appended to this | | |application is accurate. | |_____________________________________________________| LEGAL PROFESSION ADMISSION RULES 2005 - SCHEDULE 2 SCHEDULE 2 ___________________________________________________ |___________________________________________________| |___________________________________________________| |___________________________________________________| |___________________________________________________| |___________________________________________________| |___________________________________________________| |___________________________________________________| |___________________________________________________| |___________________________________________________| |___________________________________________________| |___________________________________________________| * Subject, with respect to admissions which occur after 31 December 1999, to completion, either within the degree program or separately, of one of the courses listed below: _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |University of Sydney |Law, Lawyers and Justice OR | |_____________________________________________________________________________| |_____________________________________________________________________________| |Macquarie University |Legal Ethics OR | |_____________________________________________________________________________| | |Legal Ethics A and Legal Ethics B OR | | |Legal Accounting and Professional | |University of Technology, Sydney|Responsibility OR | | |Professional Conduct 2 OR | |_____________________________________________________________________________| |_____________________________________________________________________________| |University of New England |Legal Ethics and Professional Conduct OR | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |University of Western Sydney |The Legal Context OR | |_____________________________________________________________________________| |_____________________________________________________________________________| LEGAL PROFESSION ADMISSION RULES 2005 - SCHEDULE 3 SCHEDULE 3 _____________________________________________________________________________ | |Fee until 30/9/2011|Fee from 1/10/2011| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Additional fees—examination in | | | |unscheduled location in a single | | | |_____________________________________________________________________________| |_____________________________________________________________________________| |Elsewhere in Australia first subject /|350/200 |350/200 | |_____________________________________________________________________________| |Overseas first subject / addition |600/350 |600/350 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |For services not listed in the |50 |50 | |_____________________________________________________________________________| LEGAL PROFESSION ADMISSION RULES 2005 - SCHEDULE 4 SCHEDULE 4 College of Law: Professional Program University of Newcastle: Diploma of Legal Practice University of Wollongong: Professional Legal Training Course University of Technology Sydney: Faculty of Law Professional Program OR Master of Law and Legal Practice University of Western Sydney: Graduate Diploma in Legal Practice OR Master of Legal Practice (subject to completion of professional legal placement) LEGAL PROFESSION ADMISSION RULES 2005 - SCHEDULE 5 SCHEDULE 5 – Synopsis of areas of knowledge Set out below is the synopsis of areas of knowledge referred to in rule 95 (2). Although the topics below are grouped for convenience under the headings of particular areas of knowledge, there is no indication that a topic needs to be taught in a subject covering the area of knowledge in the heading rather than in another suitable subject. CRIMINAL LAW AND PROCEDURE 1 The definition of crime. 2 Elements of crime. 3 Aims of the criminal law. 4 Homicide and defences. 5 Non-fatal offences against the person and defences. 6 Offences against property. 7 General Doctrines. 8 Selected topics chosen from: — attempts — participation in crime — drunkenness — mistake — strict responsibility. 9 Elements of criminal procedure. Selected topics chosen from: — classification of offences — process to compel appearance — bail — preliminary examination — trial of indictable offences. OR Topics of such breadth and depth as to satisfy the following guidelines. The topics should provide knowledge of the general doctrines of the criminal law and in particular examination of both offences against the person and against property. Selective treatment should also be given to various defences and to elements of criminal procedure. TORTS 1 Negligence, including defences. 2 A representative range of torts (other than negligence) and their defences. 3 Damages. 4 Concurrent liability. 5 Compensation schemes. OR Topics of such breadth and depth as to satisfy the following guidelines. The potential compass of this area is so large that considerable variation might be anticipated. At the very least, there should be a study of negligence and of a representative range of torts, with some consideration of defences and damages, and of alternative methods of providing compensation for accidental injury. Examples of these topics are: concurrent liability, defamation, economic torts, nuisance, breach of statutory duty and compensation scheme. CONTRACTS Formation, including capacity, formalities, privity and consideration. 1 Content and construction of contract. 2 Visiting Factors. 3 Discharge. 4 Remedies. 5 Assignment. OR Topics of such breadth and depth as to satisfy the following guidelines. Some variation may be expected in the breadth and detail of the topics. In general, however, knowledge of the formal requirements for concluding contracts, capacity, the content and interpretation of contracts, their performance and discharge, available remedies, together with an understanding of the broad theoretical basis of contract would be expected. PROPERTY 1 Meaning and purposes of the concept of property. 2 Possession, seisin, and title. 3 Nature and type (ie fragmentation) of property interests. 4 Creation and enforceability of proprietary interests. 5 Legal and equitable remedies. 6 Statutory schemes of registration. 7 Acquisition and disposal of proprietary interests. 8 Concurrent ownership. 9 Proprietary interests in land owned by another. 10 Mortgages. OR Topics of such breadth and depth as to satisfy the following guidelines. The topics should provide knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity. Statutory schemes or registration for both general law land Torrens land should be included. A variety of other topics might be included eg fixtures, concurrent interests and more detailed treatment of such matters as sale of land, leases, mortgages, easements, restrictive covenants, etc. Equity 1 (a) The nature of equity (b) Equitable rights, titles and interests (c) Equitable assignments (d) Estoppel in equity (e) Fiduciary obligations (f) Unconscionable transactions (g) Equitable remedies. 2 Trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts.) OR Topics of such breadth and depth as to satisfy the following guidelines. The topics should cover the elements of trust law, equitable doctrines apart from those relating to trusts, and equitable remedies. The following aspects of trusts law should be dealt with: various kinds of trusts, the rights, duties, powers of trustees, the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered, for example, fiduciary obligations, equitable assignments, unconscionability and confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included. (It is expected that about half the course will be devoted to trusts.) Company Law 1 Corporate personality 2 The incorporation process 3 The corporate constitution 4 Company contracts 5 Administration of companies and management of the business of companies 6 Duties and liabilities of directors and officers 7 Share capital and membership 8 Members’ remedies 9 Company credit and security arrangements 10 Winding up of companies. OR Topics of such breadth and depth as to satisfy the following guidelines: The topics should include an analysis of incorporation and its effects, management and control of a company, the various methods of financing—by the issue of shares and by debt, and the processes of winding up a company. Administrative Law 1 Organisation and structure of the administration. 2 Administrative law theory. 3 Common law and statutory avenues of judicial review at Commonwealth and State level. 4 Grounds of judicial review. 5 Remedies. 6 Crown immunity. 7 Administrative Appeals Tribunal. 8 Statutory review 9 Freedom of information. OR Topics of such breadth and depth as to satisfy the following guidelines. The topics should not only embrace traditional common law remedies concerning judicial review of administrative action, but should also cover the range of Commonwealth and State statutory regimes. Federal and State Constitutional Law 1 State constitutions and constitutional systems. 2 The Commonwealth Constitution and constitutional system. 3 The constitution and operation of the legislature, executive and judiciary. 4 The relationship between the different institutions of government and the separation of powers. 5 The relationship between the different levels of government. OR Topics of such breadth and depth as to satisfy the following guidelines. The topics should include knowledge of the manor principles of both the relevant State or Territory Constitution and the Commonwealth Constitution, including the relations between the different Commonwealth and State or Territory Laws. A general knowledge of the scope of both State and Territory and Commonwealth Constitutions is required, although the topics will differ in the depth of treatment of specific heads of power, particularly in the Commonwealth sphere. Civil Procedure 1 Court adjudication under an adversary system. 2 The cost of litigation and the use of costs to control litigation. 3 Service of originating process—as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum. 4 Joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts. 5 Defining the questions for trial—pleadings, notices to admit and other devices. 6 Obtaining evidence—discovery of documents, interrogatories, subpoena and other devices. 7 Disposition without trial, including the compromise of litigation. 8 Extra judicial determination of issues arising in the course of litigation. 9 Judgement. 10 Appeal. 11 Enforcement. OR Topics of such breadth and depth as to satisfy the following guidelines. The topics should embrace the general study of rules of civil procedure relevant in the State or Territory. Rules concerning jurisdiction, the initiation and service of process, the definition of issues through pleading and judgment enforcement should all be included. Evidence 1 Introduction. 2 Competence and compellability. 3 Privilege. 4 The examination of witnesses. 5 Disposition and character. 6 Similar fact evidence. 7 The accused as a witness. 8 Burden and standard of proof. 9 Documentary evidence. 10 Opinion evidence and prior determination. 11 Hearsay: — the exclusionary rule — the common law and statutory exceptions. 12 Admissions and confessions in criminal cases. 13 Illegally obtained evidence and confirmation by subsequent fact. 14 Res gestae. 15 Corroboration. OR Topics of such breadth and depth as to satisfy the following guidelines. The topics should include examination of both the sources and acceptability of evidence, including rules concerning the burden and standard of proof and technical rules concerning such matters as hearsay, admissions and confessions, illegally obtained evidence and res gestae. Professional Conduct (including basic Trust Accounting) Professional and personal conduct in respect of practitioner’s duty: (a) to the law, (b) to the Courts, (c) to clients, including basic knowledge of the principles of trust accounting, and (d) to fellow practitioners. OR Topics of such breadth and depth as to satisfy the following guidelines. The topics should include knowledge of the various pertinent rules concerning a practitioner’s duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles of trust accounting. The aims of the trust account segment of Professional Conduct are: (a) to impart an understanding of the legal requirements on solicitors for dealing with trust property. (b) to help students obtain a level of competence in, and understanding of, the recording requirements for trust accounts and other trust dealings. Areas covered should include: (a) provisions of the relevant State or Territory legislation governing the legal profession which relate to the handling of trust money and other trust property. (b) legislative provisions which enable the proper identification of trust moneys. (c) the ramifications of breach of trust. (d) methods of maintaining trust account records. This includes class exercises in recording of receipts, payments and direct payments of trust moneys and investments (including mortgage investments) by solicitors on behalf of their clients. (e) a detailed study of any relevant legislation, regulations or rules relating to trust accounting. LEGAL PROFESSION ADMISSION RULES 2005 - SCHEDULE 6 SCHEDULE 6 – Practical legal training COMPETENCY STANDARDS FOR ENTRY LEVEL LAWYERS _______________________________________________ |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| |_______________________________________________| Preface The following Competency Standards for practical legal training for entry-level lawyers have been jointly developed by the Australasian Professional Legal Education Council (APLEC) and the Law Admissions Consultative Committee. They seek to describe the observable performance required of entry-level lawyers at the point of admission to practise, in a number of key areas. The Competency Standards have been drafted in the light of both: • National Competency Standards, Policy and Guidelines, National Training Board, Canberra 1991, and • Heywood, Gonczi and Hager, A Guide to the Development of Competency Standards for Professions, Department of Employment, Education and Training, Canberra 1992. It is in the interests of clients and the public that entry-level lawyers should only be admitted to practise—and subsequently licensed and held out to the public as legal practitioners—if they have acquired threshold competence to practise by completing appropriate academic and practical training. Before they are admitted to practise they must have the knowledge, values, attitudes and skills required to practise law competently. At the point of admission, each applicant will thus be expected to provide evidence that the applicant has achieved the requisite competence in the following Skills, Practice Areas and Values: _______________________________________________________________________ |_______________________________________________________________________| | |Civil Litigation Practice | | | |Commercial and Corporate | | | |Practice | | | |Property Law Practice | | |Lawyer’s Skills |One of: | | |Problem Solving |Administrative Law Practice| | |Work Management and|Criminal Law Practice |Ethics and Professional| |Business Skills |Family Law Practice |Responsibility | |Trust and Office |And one of: | | |Accounting |Consumer Law Practice | | | |Employment and Industrial | | | |Relations Practice | | | |Planning & Environmental | | | |Law Practice | | |_______________________________________________________________________| The relevant Competency Standards for each Skill, Practice Area and Value are set out from page 4 onwards. The Law Admissions Consultative Committee considers that: (a) every applicant seeking admission to practise should provide evidence that the applicant has attained the requisite competence required by the Standards, whether the applicant has completed a PLT Course, Articles of Clerkship, a Bar Admission Course or a combination of more than one of them; (b) an applicant should generally have undertaken the relevant practical legal training and demonstrated attainment of the requisite competence either in the final year of a law degree or after completing that degree, or a combination of both of them; (c) at whatever stage an applicant undertakes practical legal training, that training should be provided at a level equivalent to post-graduate training. It should build on the knowledge and understanding of the law, the legal system and of legal practise which a graduate should have acquired by the end of an undergraduate law degree; (d) diversity in the ways in which practical legal training is given should be encouraged, provided that the quality of that training is not compromised and remains the paramount consideration; (e) the training requires both programmed training and workplace experience. It requires an allocation of tuition hours and resources to curriculum which are appropriate as an equivalent of: • a program of academic study at graduate diploma level which incorporates at least 90 hours of workplace training; or • 12 months (1800 work hours) of closely supervised full time indenture as an articled clerk incorporating at least 90 hours of programmed training; or • a non-award training course of at least 6 months (900 hours) in which at least 450 hours is programmed training and at least 90 hours is workplace experience. ‘ "programmed training" ’ means structured and supervised training activities, research and tasks with comprehensive assessment. When programmed training is delivered as distance training or in electronic form it should be devised to require an input of time from an applicant of at least 450 hours. ‘ "workplace experience" ’ means supervised employment in a law or law related work environment or equivalent unpaid engagement in such an environment. (f) while the Competency Standards propose minimum requirements for entry-level lawyers, they are not intended to discourage either wider, or more detailed, Practical Legal Training; (g) the Competency Standards are designed, where possible, to allow: (i) competence in one relevant area to be acquired in the course of acquiring competence in another relevant area; and (ii) practical legal training to be given in flexible and innovative ways, where this is desirable. It follows that an applicant need not acquire the requisite competence in any particular Skill, Practice Area or Value by undertaking training in any predetermined topic or area of practice; (h) an applicant’s competence in each Practice Area should be assessed in a way which allows the applicant also to demonstrate competence in relevant Skills and Values, at the same time; (i) those who teach in PLT Courses or who supervise the work of potential applicants for admission while they acquire competence in the relevant Practice Areas, Skills and Values, should either have substantial recent experience practising law, or comparable relevant qualifications or experience; (j) any program of practical legal training should: (i) introduce a potential applicant for admission to Legal Aid and Pro Bono systems and schemes; and (ii) include practical experience in the use of current information technology; (k) any course providing components of practical legal training to potential applicants, including Articles of Clerkship, should have formal means of assessing whether, and certifying that, an applicant has achieved the requisite level of competence in each relevant Skill, Practice Area or Value; (l) each Admitting Authority should: (i) require any course providing components of practical legal training to potential applicants (other than Articles of Clerkship) to be approved by it; and (ii) monitor the provision of practical legal training (including Articles of Clerkship) to satisfy itself that the training is of an appropriate quality. Administrative Law Practice _____________________________________________________________________________ | |An entry-level lawyer who practises in administrative law should | | |be able to obtain information for clients under freedom of | |Descriptor:|information legislation and otherwise, seek review of | | |administrative decisions, and represent parties before courts and| |_____________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• identified whether freedom of | | | |information legislation applies to the | | | |situation.• identified the specific | | | |legislation under which the information| |1.|Obtaining information |may be obtained.• taken the steps | | | |required under that legislation.• | | | |identified and taken any other | | | |practical steps required to obtain the | |_____________________________________________________________________________| | | |• concluded correctly that the | | | |decision may be reviewed.• identified| | | |and discussed with the client | | | |alternative means of obtaining a | | |Obtaining review of administrative|review.• completed all preparation | |2.|decisions |required by law, good practice and the | | | |circumstances of the matter.• | | | |represented the client effectively at | | | |any mediation, hearing or other review | | | |forum, where this is appropriate and | |_____________________________________________________________________________| | | |• identified all alternative means of| | | |obtaining redress and discussed them | | | |with the client.• completed all | |4.|Representing a client |preparation required by law, good | | | |practice and the circumstances of the | | | |matter.• represented the client | | | |effectively at any mediation, hearing | |_____________________________________________________________________________| Explanatory Note This competency standard applies to State and Federal administrative law and practice and proceedings before both State and Federal courts and tribunals. For an entry-level lawyer administrative law practice may be either an area of specialised practice or an ancillary part of general practice. Preparing to represent a client in a court or tribunal may include drafting written submissions. Civil Litigation Practice _____________________________________________________________________________ | |An entry-level lawyer should be able to conduct civil litigation | |Descriptor:|in first instance matters in courts of general jurisdiction, in a| |_____________________________________________________________________________| ____________________________________________________________________________ |____________________________________________________________________________| |____________________________________________________________________________| | | |• assessed the strengths and | | | |weaknesses of both the client’s and| | | |opponent’s cases.• identified the| | | |facts and evidence required to | | | |support the client’s case.• | | | |identified all means of resolving the| | |Assessing the Merits of a case and |case, having regard to the client’s| |1.|identifying the dispute resolution |circumstances.• advised the client | | |alternatives |of relevant rights and remedies in a | | | |way which the client can easily | | | |understand.• where possible, | | | |confirmed in writing any instructions| | | |given by the client in response to | | | |initial advice.• identified and | | | |complied with the relevant limitation| |____________________________________________________________________________| | | |• identified an appropriate claim | | | |or defence.• identified a court of | | | |appropriate jurisdiction.• | | | |identified the elements of the claim | | | |or defence, according to law.• | |2.|Initiating and responding to claims|followed procedures for bringing the | | | |claim or making the defence in | | | |accordance with the court’s rules | | | |and in a timely manner.• drafted | | | |all necessary documents in accordance| |____________________________________________________________________________| | | |• identified any need for | | | |interlocutory steps or default | | | |proceedings, according to the | | |Taking and responding to |court’s rules.• followed | |3.|interlocutory and default |procedures for taking those steps or | | |proceedings |proceedings in accordance with the | | | |court’s rules and in a timely | | | |manner.• drafted all necessary | | | |documents in accordance with those | |____________________________________________________________________________| | | |• identified issues likely to arise| | | |at the hearing.• identified | | | |evidence needed to prove the | | | |client’s case or disprove the | |4.|Gathering and presenting evidence |opponent’s case, according to the | | | |rules of evidence.• gathered the | | | |necessary evidence.• presented that| | | |evidence according to law and the | |____________________________________________________________________________| | | |• conducted settlement negotiations| | | |in accordance with specified | |5.|Negotiating settlements |principles.• identified any revenue| | | |and statutory refund implications.•| | | |properly documented any settlement | |____________________________________________________________________________| | | |• identified procedures for | | |Taking action to enforce orders and|enforcing the order or settlement | |6.|settlement agreements |according to law and the court’s | | | |rules.• followed those procedures | |____________________________________________________________________________| Explanatory Note This competency standard applies to first instance civil litigation in a local lower and a local higher court of an Australian State or Territory, having general jurisdiction, and in the Federal Court. Means by which a dispute might be resolved include, but are not limited to: • negotiation; • mediation; • arbitration; • litigation; • expert appraisal. Means by which evidence might be gathered include: • statements from witness; • notices to admit; • discovery; • subpoena; • expert reports; • certified official records, banker’s books etc. Means by which evidence might be presented include: • orally on oath; • affidavits; • video or telephone link. Means of enforcement include: • execution process including attachment of debts; • taxation or assessment of costs; • oral examination. Commercial and Corporate Practice ____________________________________________________________________________ | |An entry level lawyer should be able to conduct commercial | | |transactions such as the sale or purchase of a small business. | | |The lawyer should be able to set up standard business structures| |Descriptor:|using entities such as companies, trusts and partnerships; | | |provide basic advice on finance and securities and the | | |obligations of companies and their officers; and appreciate the | | |type of advice needed to assess the revenue implications of | |____________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• identified the nature of the | | | |transaction properly.• undertaken | | | |sufficient searches and inquiries to | | | |investigate any relevant issues of | | | |title to real or personal | | | |property.• drafted documents, had | |1.|Conducting commercial transactions |them executed, and (if necessary) | | | |certified, stamped and registered | | | |them, according to law and good | | | |practice.• obtained or given any | | | |necessary consents to, or | | | |notifications of, the transaction | |_____________________________________________________________________________| | | |• selected a structure that will | | | |achieve the client’s objectives.•| | | |drafted all documents required to set| | | |up the structure (including | | | |establishing any discrete entities | | | |that will form part of the structure)| | | |had them executed and (if necessary) | |2.|Setting up commercial structures |certified, stamped and registered | | | |them, according to law and good | | | |practice.• informed the client of | | | |any continuing obligations in | | | |relation to the structure, and where | | | |the structure involves a corporation,| | | |the continuing obligations of the | |_____________________________________________________________________________| | | |• identified the various | | | |appropriate types of financial• | | | |arrangements and securities available| | | |to the borrower and lender.• | | | |informed the borrower and lender of | | | |their immediate, continuing, and | | | |potential liabilities under any | |3.|Dealing with loans and securities |proposed financing and security | | | |arrangements.• drafted loan or | | | |security documents which reflect the | | | |agreement between lender and | | | |borrower.• had the loan or security| | | |documents executed and (if necessary)| | | |stamped and registered them according| |_____________________________________________________________________________| | | |• identified the possible general | | | |revenue implications of the | | | |client’s proposed commercial | |4.|Advising on revenue law and practice|venture or arrangement.• referred | | | |the client to experts for more | | | |comprehensive or detailed advice, | |_____________________________________________________________________________| Explanatory Note This competency standard applies to commercial and corporate practice. It includes: • some common commercial transactions, such as the sale or purchase of a small business; • setting up standard business structures and entities, including companies; • advising on the legal obligations of corporations and their officers; • advising on due diligence investigations; • identifying in a general way the possible revenue implications of standard commercial dealings and structures; • drafting standard loan agreements and securities. Business structures include: • trusts; • private companies; • partnerships; • joint ventures; • franchise arrangements. Securities include: • bills of sale; • chattel leases; • loans agreements; • guarantees, including guarantees from spouses. Revenue implications include: • stamp duties; • income tax; • capital gains tax; • GST; • fringe benefits tax; • land and property taxes. Consumer Law Practice _____________________________________________________________________________ | |An entry-level lawyer who practises in consumer law should be | |Descriptor:|able to advise clients on the procedures and remedies available | | |in relation to consumer complaints and to represent the client in| |_____________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• identified the situation as one to| | | |which consumer protection legislation | |1.|Obtaining information |applies.• identified the relevant | | | |legislation and any applicable case | | | |law.• identified any possible common| |_____________________________________________________________________________| | | |• drafted any documents required, in| |2.|Drafting documents |accordance with the client’s | | | |instructions and the relevant | |_____________________________________________________________________________| | | |• identified the appropriate forum | | | |for initiating or responding to a | | | |claim.• initiated a claim or taken | | | |action to oppose a claim in accordance| |3.|Initiating and responding to claims|with the rules and procedures of the | | | |relevant court or tribunal, in a | | | |timely manner.• obtained all | | | |necessary evidence and drafted all | | | |necessary documents in accordance with| |_____________________________________________________________________________| | | |• identified all possible means of | | | |resolving the dispute to the | | | |satisfaction of the client and | | | |discussed them with the client.• | |4.|Representing the client |completed all necessary preparation in| | | |accordance with the law, good practice| | | |and the circumstances of the | | | |matter.• represented the client | | | |effectively at any negotiation, | |_____________________________________________________________________________| | | |• documented any order or settlement| | | |properly and explained it to the | | | |client in a way which the client can | |5.|Taking action to implement outcomes|easily understand.• identified any | | | |procedures necessary to enforce the | | | |order or settlement and carried them | |_____________________________________________________________________________| Explanatory Note This competency standard applies to the practice of consumer law. It includes both State and Federal consumer protection legislation and codes. Consumer protection legislation includes State and Federal legislation and codes dealing with: • trade practices; • misleading and deceptive conduct; • motor car traders; • domestic building contracts; • consumer credit; • residential tenancies; A consumer protection dispute includes disputes relating to: • trade practices; • misleading and deceptive conduct; • motor car traders; • domestic building contracts; • consumer credit; • guarantees; • residential tenancies; A court or tribunal includes: • Federal Courts; • State Courts; • statutory tribunals; • industry complaint panels; • industry Ombudsmen; Criminal Law Practice ___________________________________________________________________________ | |An entry-level lawyer who practises in criminal law should be | |Descriptor:|able to advise clients before arrest, seek bail, make pleas, | | |participate in minor contested hearings and assist in preparing| |___________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• identified the client’s legal | | | |rights and legal powers of the police| | | |or other prosecutors or investigators| | | |in the situation.• informed the | | | |client of those rights and powers in | | | |a way which the client can easily | | | |understand.• identified the legal | |1.|Providing advice |elements of any offence with which | | | |the client is charged.• where | | | |possible, confirmed in writing any | | | |instructions given by the client in | | | |response to initial advice.• | | | |implemented the client’s | | | |instructions when it is appropriate | |_____________________________________________________________________________| | | |• identified the client’s options| | | |and communicated them to the client | | | |in a way the client can easily | | | |understand.• helped the client to | |2.|Applying for bail |make an informed decision about which| | | |option to select.• made an | | | |application for bail or taken other | | | |action effectively in the | | | |circumstances.• fully advised the | |_____________________________________________________________________________| | | |• identified the client’s options| | | |and communicated them to the client | | | |in a way the client can easily | | | |understand.• identified and | | | |gathered all material useful to the | |3.|Making pleas |plea according to law and good | | | |practice.• presented the plea in an| | | |effective and persuasive manner, | | | |having regard to the circumstances of| | | |the case.• advised the client fully| | | |of the outcome in a way the client | |_____________________________________________________________________________| | | |• completed all preparation | | |Representing a client in minor |required by law, good practice and | |4.|matters |the circumstances of the case.• | | | |represented the client effectively at| |_____________________________________________________________________________| | | |• identified and gathered the | | | |evidence needed to support the | | | |client’s case.• identified and | |5.|Assisting to prepare cases for trial|briefed appropriate experts | | | |(including counsel) having regard to | | | |good practice and the requirements of| |_____________________________________________________________________________| Explanatory Note This competency standard applies to criminal law practice. It includes: • advising clients before and after arrest; • making a simple bail application on behalf of an accused person; • making a plea in mitigation of penalty in a simple matter; • some aspect of preparing a matter for hearing, such as briefing counsel; • participating in a minor contested hearing. Criminal matters include: • traffic offences; • domestic violence and apprehended violence orders; • drink driving; • drug offences. Employment and Industrial Relations Practice _____________________________________________________________________________ | |An entry-level lawyer who practices in the area of employment and| | |industrial relations should be able to advise clients on the | |Descriptor:|relevant law and procedures, represent clients in negotiations | | |and initiate and respond to applications in relevant State and | |_____________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• identified the relevant facts.• | | | |assessed the strengths and weaknesses | | |Assessing the merits of the dispute|of the dispute according to the | |1.|and identify the dispute resolution|relevant law.• identified all means | | |alternatives |of resolving the dispute, having | | | |regard to the client’s | |_____________________________________________________________________________| | | |• advised the client of means to | |2.|Advising client on procedures |avoid a dispute, where appropriate.•| | | |advised the client of available steps | |_____________________________________________________________________________| | | |• explored all opportunities for a | | | |negotiated settlement, subject to the | |3.|Commencing negotiations |client’s instructions.• | | | |represented the client effectively at | |_____________________________________________________________________________| | | |• identified the appropriate | | | |jurisdiction.• initiated or opposed | | | |a claim in accordance with the rules | |4.|Initiating and responding to |of the relevant court or tribunal, in | | |proceedings |a timely manner.• obtained all | | | |necessary evidence and drafted all | | | |necessary documents in accordance with| |_____________________________________________________________________________| | | |• completed all preparation required| | | |by law, good practice and the | |5.|Representing the client |circumstances.• represented the | | | |client effectively at any mediation, | |_____________________________________________________________________________| | | |• properly documented any order or | | | |settlement and explained it to the | |6.|Taking action to implement outcomes|client in a way which the client can | | | |understand easily.• identified and | | | |carried out any procedures required to| |_____________________________________________________________________________| Explanatory Note This competency standard applies to the practice of employment and industrial relations law at both State and Federal levels. A dispute may involve: • award negotiations; • an industrial dispute relating to an individual employee or to a workplace or industry; • an equal employment opportunity or anti-discrimination claim; • a claim for unfair dismissal. The means by which a dispute might be resolved include, but are not limited to: • negotiation; • mediation; • conciliation; • arbitration; • litigation. Steps available to a client to avoid a dispute or to strengthen the client’s position include: • altering internal employment practices and procedures; • drafting and revising employment contracts; • entering or revising enterprise bargaining agreements; • altering individual employment contracts; • taking disciplinary proceedings; • allowing industrial representation. Ethics and Professional Responsibility ________________________________________________________________________ | |An entry-level lawyer should act ethically and demonstrate | |Descriptor:|professional responsibility and professional courtesy in all| | |dealings with clients, the courts, the community and other | |________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• identified any relevant ethical | | | |dimension of a particular | |1.|Acting ethically |situation.• taken action which | | | |complies with professional ethical | |_____________________________________________________________________________| | | |• identified any duty or obligation| | |Discharging the legal duties and |imposed on the lawyer by law in a | |2.|obligations of legal practitioners |particular situation.• discharged | | | |that duty or obligation according to | |_____________________________________________________________________________| | | |• identified any applicable rules | |3.|Complying with professional conduct |of professional conduct.• taken | | |rules |action which complies with those | |_____________________________________________________________________________| | | |• recognised and complied with any | |4.|Complying with fiduciary duties |fiduciary duty, according to law and | |_____________________________________________________________________________| | | |• identified any potential or | | | |actual conflict, as soon as is | | | |reasonable in the circumstances.• | | | |taken effective action to avoid a | | | |potential conflict or, where a | |5.|Avoiding conflicts of interest |conflict has already arisen, dealt | | | |with it in accordance with law and | | | |good practice.• taken appropriate | | | |action, where applicable, to prevent | | | |such a conflict arising in the | |_____________________________________________________________________________| |6.|Acting courteously |• demonstrated professional | |_____________________________________________________________________________| | | |• identified any rules applying to | | | |charging professional fees.• | |7.|Complying with rules relating to the|complied with those rules, where they| | |charging of fees |are relevant.• maintained records | | | |and accounts in accordance with law | |_____________________________________________________________________________| | | |• reflected on that lawyer’s | | | |professional performance in | | | |particular situations.• brought to | | | |the attention of an employer or | | | |professional association any matters | | | |that require consideration or | |8.|Reflecting on wider issues |clarification.• recognised the | | | |importance of pro bono contributions | | | |to legal practice.• demonstrated an| | | |awareness that mismanagement of | | | |living and work practices can impair | | | |the lawyer’s skills, productivity, | |_____________________________________________________________________________| Explanatory Note This competency standard applies to: • ethics; • statutes and general law relating to the duties and obligations of legal practitioners; • written and unwritten rules of professional conduct; • written and unwritten rules of professional courtesy. The duties and obligations imposed by law on legal practitioners include duties: • of confidentiality; • to act competently and to maintain competence; • to act honestly; • not to mislead the court; • not to pervert the course of justice or the due administration of justice. Conflicts of interest commonly arise between: • joint venture partners; • directors and shareholders of a company; • trustees and beneficiaries in a family trust; • parties to any transaction where their interests potentially differ. Family Law Practice ____________________________________________________________________________ | |An entry-level lawyer who practises in family law should be able| |Descriptor:|to apply for dissolution of marriage, and advise and take action| | |in relation to parenting matters property settlements, spouse | |____________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• obtained instructions reflecting | | | |the client’s informed wishes.• | | | |prepared an application complying | | | |with the relevant court rules.• | |1.|Applying for dissolution of marriage|filed and served the application in | | | |accordance with those rules.• | | | |proved service in accordance with | | | |those rules.• presented the | | | |client’s application to the court | |_____________________________________________________________________________| | | |• informed the client of all | | | |options, having regard to the | | | |circumstances of the case, in a way | | | |which the client can easily | | | |understand.• fully prepared the | | | |client’s case having regard to the | | | |client’s circumstances, the dispute| | | |resolution process the client has | | |Acting in relation to ancillary |decided to pursue and good | |2.|matters |practice.• pursued the case in | | | |accordance with good practice for the| | | |chosen dispute resolution process.•| | | |identified and explained to the | | | |client the revenue implications of | | | |any proposed settlement.• | | | |documented and acted upon any results| | | |of the chosen dispute resolution | | | |process, as required by law and good | |_____________________________________________________________________________| Explanatory Note This competency standard applies to dissolution of marriage and ancillary matters arising from the breakdown of marriages or other domestic relationships. It includes: • applying for dissolution of marriage; and • managing an ancillary matter in a family court up to the first directions hearing. Ancillary matters include: • parenting matters; • property settlements; • spouse maintenance; • child support; • domestic violence orders; • injunctions and sole use orders; • de facto proceedings. Acting includes: • participating in primary dispute resolution processes; • informal negotiation; • initiating or responding to court proceedings for urgent, interim or final relief. Lawyer’s Skills _____________________________________________________________________________ | |An entry-level lawyer should be able to demonstrate oral | |Descriptor:|communication skills, legal interviewing skills, advocacy skills,| | |negotiation and dispute resolution skills, and letter writing and| |_____________________________________________________________________________| __________________________________________________________________________ |__________________________________________________________________________| |__________________________________________________________________________| | | |• identified the purpose of a | | | |proposed communication, the most | | | |effective way of making it, an | | | |appropriate communication strategy, | | | |and the content of the proposed | | | |communication.• presented thoughts, | | | |advice, and submissions in a logical, | |1.|Communicating effectively |clear, succinct and persuasive manner,| | | |having regard to the circumstances and| | | |the person or forum to whom the | | | |communication is made.• identified | | | |and appropriately dealt with verbal, | | | |non-verbal and cross-cultural aspects | | | |of the proposed communication.• | | | |taken any follow-up action in | |__________________________________________________________________________| | | |• prepared for the interview | | | |properly, having regard to relevant | | | |information available before the | | | |interview and the circumstances.• | | | |conducted the interview using | | | |communication techniques appropriate | | | |to both the client and the context.•| | | |ensured that the client and lawyer | | | |have both obtained all the information| | | |which they wanted from the interview | |2.|Interviewing clients |in a timely, effective and efficient | | | |way, having regard to the | | | |circumstances.• ensured that the | | | |lawyer and client left the interview | | | |with a common understanding of the | | | |lawyer’s instructions (if any) and | | | |any future action that the lawyer or | | | |client is to take.• made a record of| | | |the interview that satisfies the | | | |requirements of law and good | | | |practice.• taken any follow-up | |__________________________________________________________________________| | | |• identified the need for, and | | | |purpose of, the letter.• written the| |3.|Writing letters |letter in simple, straightforward | | | |English which conveys its purpose | | | |clearly and can be easily understood | |__________________________________________________________________________| | | |• identified the need for, and | | | |purpose, of the document.• devised | | | |an effective form and structure for | | | |the document having regard to the | | | |parties, the circumstances, good | | | |practice principles of writing simple,| | | |straightforward English and the | | | |relevant law.• drafted the document | | | |effectively having regard to the | |4.|Drafting other documents |parties, the circumstances, good | | | |practice, principles of writing | | | |simple, straightforward English, and | | | |the relevant law.• considered | | | |whether the document should be settled| | | |by counsel.• taken every action | | | |required to make the document | | | |effective and enforceable in a timely | | | |manner and according to law (such as | | | |execution by the parties, stamping, | |__________________________________________________________________________| | | |• prepared the client’s case | | | |properly having regard to the | | | |circumstances and good practice.• | | | |identified the strategy and tactics to| | | |be used in negotiations and discussed | | | |them with and obtained approval from | | |Negotiating settlements and |the client.• carried out the | |5.|agreements |negotiations effectively having regard| | | |to the strategy and tactics adopted, | | | |the circumstances of the case and good| | | |practice.• documented the | | | |negotiation and any resolution as | | | |required by law or good practice and | | | |explained it to the client in a way | |__________________________________________________________________________| | | |• identified the advantages and | | | |disadvantages of available dispute | | | |resolution options and explained them | | | |to the client.• performed in the | | |Facilitating early resolution of|lawyer’s role in the dispute | |6.|disputes |resolution process effectively, having| | | |regard to the circumstances.• | | | |documented any resolution as required | | | |by law or good practice and explained | | | |it to the client in a way the client | |__________________________________________________________________________| | | |• observed the etiquette and | | | |procedures of the forum.• organised | | | |and presented in an effective, | | | |strategic way:— factual material;—| | | |analysis of relevant legal issues; | |7.|Representing a client in court |and— relevant decided cases.• | | | |presented and tested evidence in | | | |accordance with the law and good | | | |practice.• made submissions | | | |effectively and coherently in | |__________________________________________________________________________| Explanatory Note This competency standard applies to “composite” skills which require a lawyer to synthesise several generic skills and apply them in a specific legal context. Lawyers must be able to exercise such skills effectively. Representation refers to advocacy on behalf of a client in a court, tribunal or other forum. It includes: • an aspect of preliminary or pre-trial civil or criminal proceedings; • an aspect of first instance trial advocacy in a simple matter; • leading evidence-in-chief, cross-examination, re-examination and making submissions. Dispute resolution options include: • negotiation; • mediation; • arbitration; • litigation; • expert appraisal. Planning and Environmental Law Practice _____________________________________________________________________________ | |An entry-level lawyer who practises in planning and environmental| | |law should be able to advise clients on the relevant law, | |Descriptor:|generally assist them in the planning process, initiate or oppose| | |applications in, and obtain and present relevant evidence before | | |appropriate courts or tribunals, and represent clients in various| |_____________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• obtained full instructions from | | | |the client.• analysed the facts in | | | |accordance with the relevant law.• | | | |obtained and clarified any relevant | | | |technical information.• advised the | | | |client of any rights and obligations | | |Assessing the merits of the matter |of the client and potential penalties | |1.|and advising the client |if obligations are not observed.• | | | |identified all options hand developed | | | |a plan of action in accordance with | | | |the client’s instructions.• | | | |examined the commercial, political and| | | |public relations implications of any | | | |proposed action and explained them to | |_____________________________________________________________________________| | | |• identified and analysed the | | | |relevant provisions of the relevant | | | |planning scheme.• prepared an | |2.|Preparing applications |application for development approval | | | |and submitted it to the relevant | | | |authority.• obtained any necessary | | | |plans.• identified potential grounds| |_____________________________________________________________________________| | | |• identified the appropriate forum | | | |for initiating or responding to a | | | |claim.• initiated or opposed a claim| | | |in accordance with the rules of the | |3.|Initiating and responding to claims|relevant court or tribunal, in a | | | |timely manner.• obtained all | | | |necessary evidence and drafted all | | | |necessary documents in accordance with| |_____________________________________________________________________________| | | |• identified all available means of | | | |resolving the matter to the | | | |satisfaction of the client and | | | |discussed them with the client.• | |4.|Representing the client |completed all preparation required by | | | |law, good practice and the | | | |circumstances.• represented the | | | |client effectively in any negotiation,| |_____________________________________________________________________________| | | |• properly documented any order or | | | |settlement and explained it to the | | | |client in a way which the client can | |5.|Implementing outcomes |easily understand.• identified and | | | |carried out any procedures to enforce | | | |the order or settlement in a timely | |_____________________________________________________________________________| Explanatory Note This competency standard applies to the practice of planning and environmental law under both State and Federal legislation. The client’s rights and obligations include rights and obligations under statute and at common law. A claim or dispute may include: • an application for or exemption from a permit, licence, approval or other authority; • an objection to or appeal or application for review in relation to such an application; • a prosecution for breach of relevant legislation; • civil action relating to either or both of planning and environmental issues. Reference to a court or tribunal includes a body exercising statutory powers. Preparation for providing representation in a court or tribunal may include: • drafting written submissions; • briefing counsel. Problem Solving ___________________________________________________________________________ |Descriptor:|An entry-level lawyer should be able to investigate and analyse| |___________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• identified and collected all | | | |relevant facts as far as is | | | |practicable.• analysed the facts to | |1.|Analysing facts and identifying |identify any existing or potential | | |issues |legal and other issues.• | | | |distinguished facts that might be used| | | |to prove a claim from other facts, if | |_____________________________________________________________________________| | | |• identified any questions of law | | | |raised by the matter.• researched | | | |those questions of law properly, | |2.|Analysing law |having regard to the circumstances.•| | | |identified and interpreted any | | | |relevant statutory provisions and | | | |applied them appropriately to the | |_____________________________________________________________________________| | | |• applied the law to the facts of | | | |the matter in an appropriate and | | | |defensible way.• given the client | | | |advice in a way which the client can | |3.|Providing legal advice |easily understand.• kept up with any| | | |developments that might affect the | | | |accuracy of previous advice and told | | | |the client about the effect of those | |_____________________________________________________________________________| | | |• identified the problem and the | | | |client’s goals as fully as is | | | |practicable.• investigated the facts| | | |and legal and other issues as fully as| | | |is practicable.• developed creative | | | |options and strategies to meet the | | | |client’s objectives.• identified | | | |the advantages and disadvantages of | | | |pursuing each option or strategy | | | |including costs and time factors.• | |4.|Generating solutions and strategies|assisted the client to choose between | | | |those options in a way consistent with| | | |good practice.• developed a plan to | | | |implement the client’s preferred | | | |option.• acted to resolve the | | | |problem in accordance with the | | | |client’s instructions and the | | | |lawyer’s plan of action.• remained| | | |open to new information and ideas and | | | |updated advice to the client where | |_____________________________________________________________________________| Explanatory Note This competency standard applies to: • analysing facts; • analysing legal and practical issues; • analysing law; • interpreting statutes; • giving advice; • solving problems in the context of legal practice. Analysing law includes researching legal issues using: • law libraries; • on-line searches; • electronic data bases; • legal citators and digests. It also includes applying principles of precedent. Other issues include: • risk management; • public relations; • financial implications. Property Law Practice _____________________________________________________________________________ | |An entry-level lawyer should be able to convey, lease and | |Descriptor:|mortgage real property. The lawyer should also be able to provide| | |general advice on standard matters arising under legislation | |_____________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• identified the nature of the | | | |interest being dealt with properly, | | | |having regard to the applicable title | | | |system.• prepared, commented on and | | | |advised on an appropriate contract of | | | |sale or other type of agreement and had | | | |it executed according to law and good | | | |practice.• undertaken sufficient | |1.|Transferring title |searches and inquiries to investigate | | | |title, any issues about land use and | | | |responsibility for outgoings.• drafted| | | |an appropriate instrument of transfer or| | | |conveyance and had it executed, and (if | | | |necessary) stamped and registered, | | | |according to law.• obtained or given | | | |any consents to, or notifications of, | | | |the transfer or conveyance according to | |_____________________________________________________________________________| | | |• made and obtained all searches and | | | |consents required by law and good | | | |practice.• drafted, commented on and | | | |advised on a lease in a form allowed by | |2.|Creating leases |law, reflecting the agreement between | | | |lessor and lessee and protecting their | | | |respective interests.• arranged for | | | |the lease to be executed, and (if | | | |necessary) stamped and registered, | |_____________________________________________________________________________| | | |• made and obtained all searches and | | | |consents required by law and good | | | |practice.• drafted, commented on and | | | |advised on an effective instrument to | | | |create or release the security, | |3.|Creating and releasing securities|reflecting the agreement between the | | | |grantor and grantee and protecting their| | | |respective interests.• arranged for | | | |the instrument to be executed, and (if | | | |necessary) stamped and registered, as | |_____________________________________________________________________________| | | |• identified any legislative scheme | | | |regulating the relevant use.• advised | |4.|Advising on land use |the client generally about processes to | | | |be followed to obtain permission for, or| | | |to object to the use, as the case | |_____________________________________________________________________________| | | |• identified the revenue implications | |5.|Advising on revenue implications |of any transaction and advised the | |_____________________________________________________________________________| Explanatory Note This competency standard applies to dealings with interests in real and leasehold property, land use and securities. It must include: • contracts for sale of land including special conditions; • transferring title (or equivalent interest under the scheme of land title that exists in the particular State or Territory); • creating standard commercial leases; • creating standard residential tenancies or leases; • creating and releasing of mortgages; • some aspect of land use. The competency standard includes dealings under the main system of land title operating in the jurisdiction in which the lawyer practises. For example, in Queensland it would include dealings in respect of freehold title under the Land Title Act 1994. Aspects of land use might involve issues arising out of: • town planning schemes; • local government by-laws; • environment and heritage legislation; • revenue and tax legislation. This competency standard is limited to: • the main system of land title operating in a State or Territory, • transactions which an entry level lawyer would be expected to perform. Trust and Office Accounting ___________________________________________________________________________ | |An entry-level lawyer should have a sound general knowledge of | | |the significance of, and the principles governing, trust and | |Descriptor:|general accounting in legal practice, and sufficient knowledge,| | |skills and values to maintain trust and general account records| | |according to law and good practice, to the extent usually | |___________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• dealt with money received from or on behalf | | | |of a client, as required by law and good | | | |practice.• where the law and good practice | |1.|Receiving money |requires money to be deposited in a trust | | | |account, controlled or general account, recorded| | | |the deposit as required by law and good | | | |practice.• issued any receipt required by law | |_____________________________________________________________________________| | | |• made any outlay from the correct account, | |2.|Making outlays |according to law and good practice.• recorded | |_____________________________________________________________________________| | | |• calculated the costs in accordance with law,| | | |good practice and any agreement between the | | | |lawyer and client.• added to the bill all | | | |outlays made by the firm for which the client is| |3.|Rendering costs |responsible.• accounted to the client for any | | | |money received from the client on account of | | | |costs and outlays, as required by law and good | | | |practice.• drafted the bill and delivered it | |_____________________________________________________________________________| | | |• maintained any trust account in accordance | |4.|Maintaining trust account|with specific statutory requirements, including | | | |any requirements relating to common fund | |_____________________________________________________________________________| Explanatory Note This competency standard applies to trust and general accounting. It requires a general knowledge of bookkeeping and knowledge of the solicitors’ trust account law and practise and auditing requirements in the lawyer’s jurisdiction. Wills and Estates Practice ___________________________________________________________________________ | |An entry-level lawyer who practises in wills and estates should| |Descriptor:|be able to draft wills, administer deceased estates and take | |___________________________________________________________________________| ____________________________________________________________________________ |____________________________________________________________________________| |____________________________________________________________________________| | | |• advised the client of issues, | | | |options, and potential problems that | | | |might arise in respect of the | | | |client’s testamentary intentions.•| | | |obtained instructions reflecting the | | | |client’s informed and independent | | | |wishes, which can be effectively | |1.|Drafting wills |implemented.• drafted a will | | | |reflecting the client’s | | | |instructions.• identified any issues| | | |of testamentary capacity and resolved | | | |them in accordance with law and good | | | |practice.• ensured that the client | | | |executed the will in accordance with | | | |law.• given any necessary follow-up | |____________________________________________________________________________| | | |• obtained a grant of probate or | | | |letters of administration where | | | |required.• identified the debts and | | | |assets of the estate.• gathered in | | | |the estate or transferred or | | | |transmitted assets directly to | |2.|Administering deceased estates |beneficiaries, as appropriate, having | | | |regard to the law, good practice, and | | | |the circumstances.• discharged the | | | |estate’s debts, distributed specific| | | |gifts and the residue and ensured that| | | |the executors have been released of | |____________________________________________________________________________| | | |• identified the nature of the | | | |problem properly, having regard to the| | | |law of the jurisdiction.• identified| | | |he client’s options for dealing with| | | |the problem, having regard to the law | |3.|Taking action to resolve wills and|of the particular jurisdiction and the| | |estates problems |client’s circumstances.• explained| | | |the options to the client in a way the| | | |client can easily understand.• taken| | | |action to resolve the problem in | | | |accordance with the client’s | |____________________________________________________________________________| Explanatory Note This competency standard applies to wills and deceased estate practice. It must include: • drawing and advising on standard wills; • obtaining an uncontested grant of letters of administration on an intestacy or probate where a will exists; • administering a standard deceased estate; • helping solve at least one common type of will or estate problem. Wills and estates problems include: • testamentary capacity; • construction; • validity of the will; • validity of gifts; • assets outside the jurisdiction; • revenue issues; • family provision; • mutual wills; • trusts; • informal wills; • testamentary directions. Follow-up advice required may include: • the effects of marriage on a will; • the effects of divorce on a will; • storage options; • revocation; • modification; • availability of associated documents such as enduring powers of attorney. Work Management and Business Skills ____________________________________________________________________________ | |An entry-level lawyer should be able to manage workload, work | |Descriptor:|habits, and work practices in a way that ensures that clients’| |____________________________________________________________________________| _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | | |• used a diary or other system to record time | | | |limits or deadlines and to assist in planning | |1.|Managing personal time |work.• identified conflicting priorities as they| | | |arise and managed the conflict effectively.• | | | |used available time effectively, to the benefit of| |_____________________________________________________________________________| | | |• conducted each matter in a way that minimises | | | |any risk to the client, lawyer or firm arising | | | |from missed deadlines, negligence or failure to | |2.|Managing risk |comply with the requirements of the law, a court | | | |or other body.• recognised the limits of the | | | |lawyer’s expertise and experience and referred | | | |the client or matter to other lawyers, counsel or | |_____________________________________________________________________________| | | |• used a file management system to ensure that | | | |work priorities are identified and managed; | | | |clients’ documents are stored in an orderly and | | | |secure manner; and to alert the lawyer to any need| | | |to follow up a matter or give it other | |3.|Managing files |attention.• rendered timely bills, in accordance| | | |with law and any agreement between the lawyer and | | | |client, which set out the basis for calculating | | | |the lawyer’s fees.• accurately recorded all | | | |communications and attendances, with details of | |_____________________________________________________________________________| | | |• communicated with the client during the course| | | |of the matter as frequently as circumstances and | | | |good practice require.• confirmed oral | | | |communications in writing when requested by the | |4.|Keeping client informed|client or required by good practice.• dealt with| | | |the client’s requests for information | | | |promptly.• informed the client fully of all | | | |important developments in the matter, in a way | |_____________________________________________________________________________| | | |• worked with support staff, colleagues, | |5.|Working cooperatively |consultants and counsel in a professional and cost| |_____________________________________________________________________________| Explanatory Note This competency standard applies to the exercise of good work habits in a legal practice to ensure that: • clients do not suffer loss or damage from a lawyer missing deadlines or neglecting matters; • clients are kept informed regularly and fully of the progress of their matters; • clients’ matters are dealt with in a cost-effective manner. LEGAL PROFESSION ADMISSION RULES 2005 - NOTES Reprint history: Reprint No 1 1 December 2009 LEGAL PROFESSION ADMISSION RULES 2005 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsLegal Profession Admission Rules 2005 (886). GG No 167 of 30.12.2005, p 11987. Date of commencement, 30.12.2005, rule 2 (Section 38 (4) of the Legal Profession Act 2004 applies Part 6 of the Interpretation Act 1987 to a rule made under that section in the same way as it applies in relation to a statutory rule within the meaning of that Act. The Rules appointed 1 December 2005 as the date of effect of the Rules. Pursuant to section 39 (2A) of the Interpretation Act 1987, the Rules are not invalid merely because the Rules were published in the Gazette after the day on which one or more of the provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which the Rules are published in the Gazette, instead of from the earlier day.). These Rules have been amended as follows: _______________________________________________________________________ | | |Amendments. GG No 27 of 24.2.2006, p 996. | |2006|(72) | | |_______________________________________________________________________| | | |Amendments. GG No 75 of 9.6.2006, p 4259. | | |(290)| | |_______________________________________________________________________| | | |Amendments. GG No 116 of 15.9.2006, p 8066. | | |(586)| | |_______________________________________________________________________| | | |Amendments. GG No 183 of 15.12.2006, p 11042. | | |(763)| | |_______________________________________________________________________| | | |Amendment. GG No 42 of 16.3.2007, p 1813. | |2007|(141)| | |_______________________________________________________________________| | | |Amendments. GG No 90 of 13.7.2007, p 4540. | | |(336)| | |_______________________________________________________________________| | | |Amendments. GG No 116 of 7.9.2007, p 7006. | | |(465)| | |_______________________________________________________________________| | | |Amendment. GG No 1 of 4.1.2008, p 17. | |2008|(3) | | |_______________________________________________________________________| | | |Amendment. GG No 48 of 2.5.2008, p 3628. | | |(123)| | |_______________________________________________________________________| | | |Amendment. GG No 97 of 15.8.2008, p 7642. | | |(346)| | |_______________________________________________________________________| | | |Amendment. GG No 38 of 20.2.2009, p 1089. | |2009|(69) | | |_______________________________________________________________________| | | |Amendments. GG No 114 of 21.8.2009, p 4856. | | |(418)| | |_______________________________________________________________________| | | |Amendments. GG No 114 of 21.8.2009, p 4857 (see also erratum| | |(420)|published in GG No 131 of 18.9.2009, p 5169). | | | | | |_______________________________________________________________________| | | |Amendment. GG No 160 of 6.11.2009, p 5628. | | |(530)| | |_______________________________________________________________________| | | |Amendments. GG No 38 of 12.3.2010, p 1264. | |2010|(90) | | |_______________________________________________________________________| | | |Amendments. GG No 43 of 26.3.2010, p 1371. | | |(110)| | |_______________________________________________________________________| | | |Amendment. GG No 51 of 9.4.2010, p 1858. | | |(124)| | |_______________________________________________________________________| | | |Amendment. GG No 90 of 2.7.2010, p 3254. | | |(349)| | |_______________________________________________________________________| | | |Amendment. GG No 114 of 10.9.2010, p 4446. | | |(529)| | |_______________________________________________________________________| | | |Amendment. GG No 119 of 8.10.2010, p 5105. | | |(584)| | |_______________________________________________________________________| | | |Amendment. GG No 130 of 26.11.2010, p 5634. | | |(653)| | |_______________________________________________________________________| | | |Amendment. GG No 37 of 15.4.2011, p 2649. | |2011|(196)| | |_______________________________________________________________________| | | |Amendment. GG No 70 of 8.7.2011, p 4922. | | |(361)| | |_______________________________________________________________________| | | |Amendments. GG No 88 of 9.9.2011, p 5488. | | |(487)| | |_______________________________________________________________________| | | |Amendments. GG No 127 of 16.12.2011, p 7188. | | |(685)| | |_______________________________________________________________________| | | |Amendments. GG No 21 of 24.2.2012, p 507. | |2012|(58) | | |_______________________________________________________________________| Table of amendments _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |First Schedule |Am 2006 (72); 2006 (290); 2006 (763); 2008 (123); 2009 (69), | |_____________________________________________________________________________| | |Am 2007 (141); 2007 (336), cl 2; 2008 (3), cl 1; 2009 (69), | |Second Schedule|cl 3; 2009 (530), cl 1; 2010 (110), cl 2; 2010 (584); 2011 | |_____________________________________________________________________________| | |Am 2006 (72). Subst 2006 (586), cl (3); 2007 (465), cl (2); | |Third Schedule |2008 (346). Am 2009 (420) (see also GG No 131 of 18.9.2009, p| |_____________________________________________________________________________| |_____________________________________________________________________________|