New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 65C.4

65C.4 Application under the Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act

(1) This rule applies to proceedings commenced by notice under section 19 (1) of the Mutual Recognition Act or under section 18 (1) of the Trans-Tasman Mutual Recognition Act.

(2) The notice must, unless the Court otherwise orders:

(a) be lodged by filing it in the registry at Sydney,

(b) show the name, residential address and business address of the applicant,

(c) where the applicant is represented by a solicitor show:

(i) the name, address and telephone number of the solicitor, and

(ii) if that solicitor has another solicitor as agent in the proceedings-the name, address and telephone number of the agent,

(d) show an address for service,

(e) be dated not more than 14 days before the date on which it is filed, and

(f) be accompanied by a certificate which:

(i) evidences the existing registration which gives rise to the entitlement of the applicant to entry in the Roll of Legal Practitioners,

(ii) is given by the proper officer:

(A) of the Supreme Court of the State or Territory where such registration occurred or, where applicable, of the High Court of New Zealand, or

(B) of a body, having functions similar to the Legal Practitioners Admission Board, of the State or Territory where such existing registration occurred or, where applicable, of New Zealand, and

(iii) is dated not more than 28 days before the date on which it is filed,

unless the document mentioned in section 19 (3) of the Mutual Recognition Act or section 18 (3) of the Trans-Tasman Mutual Recognition Act, accompanying the notice, fulfils the requirements of this paragraph.

(3) The applicant shall, on or before the day of filing, serve the notice and accompanying documents on the Legal Practitioners Admission Board, the New South Wales Bar Association, and the Law Society of New South Wales and shall file an affidavit of service within 14 days of filing the notice.

(4) The applicant shall:

(a) prior to, or

(b) within 14 days after,

filing the notice attend:

(c) at a registry of the Court,

(d) at the office of the Supreme Court of his or her State or Territory, or

(e) where application is made under the Trans-Tasman Mutual Recognition Act-a person in New Zealand authorised under New Zealand law to take oaths,

and take the oath of office as a legal practitioner in Form 70AA, and cause the certificate included in that Form to be completed and shall:

(f) at the time of, or

(g) within 14 days after,

filing the notice, file the form of oath and the certificate.

(5) Despite rule 31.2 of the Uniform Civil Procedure Rules 2005 :

(a) the statements and other information in the notice which are verified by statutory declaration,

(b) the document mentioned in:

(i) section 19 (3) of the Mutual Recognition Act, certified under section 19 (4) of that Act, or

(ii) section 18 (3) of the Trans-Tasman Mutual Recognition Act, certified under section 18 (4) of that Act,

accompanying the notice, and

(c) the certificate referred to in subrule (2) (f),

are admissible in evidence and, unless the Court otherwise orders, shall not be the subject of oral evidence by the applicant.

(7) The application for enrolment made by the notice may be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.

(8) If the Court is satisfied that the applicant is entitled to enrolment, it shall order that the applicant be admitted as a legal practitioner and:

(a) the Prothonotary shall enter or cause to be entered the name of the person admitted in the Roll of Legal Practitioners, and

(b) the person admitted shall be entitled to receive a certificate bearing the seal of the Court.