Legal Profession (Admission) Rules 2008

Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1.01 Objectives 1 1.02 Authorising provision 1 1.03 Commencement 1 1.04 Revocation 1 1.05 Definitions 1 1.06 Academic and legal training requirements for admission 4 PART 2—ACADEMIC QUALIFICATIONS REQUIRED FOR ADMISSION 5 Division 1—Academic qualifications 5 2.01 Approved academic qualifications 5 Division 2—Approval of academic institutions 6 2.02 Approved academic institutions 6 2.03 Monitoring and review 7 Division 3—Approval of course of study 8 2.04 Approval of course of study 8 2.05 Approval of subjects 9 PART 3—PRACTICAL LEGAL TRAINING REQUIRED FOR ADMISSION 10 Division 1—Practical legal training 10 3.01 Practical legal training 10 Division 2—Practical legal training providers and courses 11 3.02 Approval of PLT providers 11 3.03 Monitoring and review of approved PLT provider 11 3.04 Approval of training course 12 i -- 1 of 129 -- Rule Page Division 3—Supervised workplace training 13 3.05 Persons eligible to be a supervisor 13 3.06 Where supervised workplace training may take place 15 3.07 Obligations of a trainee's employer 16 3.08 Permitted number of trainees 17 3.09 What supervised workplace training requires 17 3.10 Employment during supervised workplace training 19 3.11 Leave of absence 19 3.12 Content of training plan 20 3.13 Information to be supplied to Board of Examiners 22 3.14 Approval of supervised workplace experience and training plan by Board of Examiners 23 3.15 Termination of supervised workplace training 24 PART 4—QUALIFICATIONS FOR OVERSEAS APPLICANTS 26 Division 1—Qualified overseas applicants 26 4.01 Academic qualifications and practical legal training required for admission 26 4.02 Application for directions 27 Division 2—Overseas practitioners 28 4.03 Academic qualifications and practical legal training required for admission 28 4.04 Application for directions 28 Division 3—Directions by Council 30 4.05 Directions by Council 30 4.06 Specification of time for application for admission 31 PART 5—ADMISSION PROCEDURE 32 Division 1—Local applicants 32 5.01 Notice of intention to apply for admission 32 5.02 Documents in support of admission 32 Division 2—Qualified overseas applicants 35 5.03 Documents in support of admission 35 Division 3—Interstate and New Zealand practitioners 39 5.04 Mutual recognition admissions 39 Division 4—Overseas practitioners 40 5.05 Documents in support of admission 40 ii -- 2 of 129 -- Rule Page Division 5—Consideration of applications 42 5.06 Recommendation of Board of Examiners 42 Division 6—Altering requirements of the Rules 43 5.07 Alteration of requirement by Board of Examiners 43 PART 6—GENERAL 45 6.01 Council or Board may make inquiries 45 6.02 Council or Board may act on advice of others 45 6.03 Service of notices 46 PART 7—TRANSITIONAL AND SAVINGS PROVISIONS 48 7.01 Definition 48 7.02 Saving of determinations etc. under former rules 48 7.03 Compliance with former rules 49 7.04 Resolution of issues arising under former rules 49 __________________ SCHEDULES 50 SCHEDULE 1—Rules Revoked 50 SCHEDULE 2—Academic Areas of Knowledge 51 SCHEDULE 3—PLT Competency Standards 61 SCHEDULE 4—Employers—Affidavit Verifying Supervised Workplace Training 91 SCHEDULE 5—All Applicants for Admission—Notice of Intention to Apply for Admission 92 SCHEDULE 6—Employers—Affidavit of Completion of Supervised Workplace Training 93 SCHEDULE 7—Supervisors—Affidavit of Compliance with Training Plan 95 SCHEDULE 8—Local Applicants or Qualified Overseas Applicants— Affidavit in Support of Application for Admission 97 SCHEDULE 9—Affidavit as to Character 99 SCHEDULE 10—Statement of Overseas Practitioner Applying for Admission 100 SCHEDULE 11—Mutual Recognition Applicants—Certificate of Board of Examiners 101 SCHEDULE 12—Overseas Practitioner Applicants—Affidavit as to Qualifications for Admission 102 iii -- 3 of 129 -- Rule Page SCHEDULE 13—Overseas Practitioner Applicants—Affidavit of Employment as a Law Clerk 104 SCHEDULE 14—All Applicants (Other than Mutual Recognition Applicants)—Certificate and Recommendation of Board of Examiners 106 SCHEDULE 15—Form of Training Plan 107 ═══════════════ iv -- 4 of 129 -- STATUTORY RULES 2008 S.R. No. 15/2008 Legal Profession Act 2004 Legal Profession (Admission) Rules 2008 The Council of Legal Education makes the following Rules: PART 1—PRELIMINARY 1.01 Objectives The objectives of these Rules are to provide for— (a) the academic qualifications required for admission to the legal profession; (b) the legal training required for admission to the legal profession; (c) the procedural requirements for applying for admission to the legal profession. 1.02 Authorising provision These Rules are made under section 2.3.12 of the Legal Profession Act 2004. 1.03 Commencement These Rules come into operation on 1 July 2008. 1.04 Revocation The Rules set out in Schedule 1 are revoked. 1.05 Definitions (1) In these Rules— acceptable deponent in relation to an applicant for admission, means a person (other than a person who has, for the purposes of these Rules, supervised the applicant during any 1 -- 5 of 129 -- Part 1—Preliminary Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 1.05 period of supervised workplace training or as a law clerk) who— (a) is described in section 107A of the Evidence Act 1958 and who has known the applicant for not less than 12 months; or (b) is or was employed at a secondary or tertiary teaching institution and by whom the applicant has been taught for not less than the equivalent of one year of tertiary studies or one of the 2 final years of secondary studies; admission when used in relation to Victoria, means admission by the Supreme Court under the Act as a lawyer; approved academic institution means an academic institution approved under rule 2.02; approved course of study means a course of study approved under rule 2.04; approved PLT course means a course approved under rule 3.04; approved PLT provider means an institution approved under rule 3.02; approved subject means a subject approved under rule 2.05; LACC means Law Admissions Consultative Committee responsible to the Council of Chief Justices of Australia and New Zealand; local applicant means a person— (a) who has not previously been admitted to the legal profession in any jurisdiction in Australia; and 2 -- 6 of 129 -- Part 1—Preliminary Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 1.05 (b) who wishes to be admitted on the basis of academic qualifications and practical legal training obtained in Australia; mutual recognition legislation means— (a) in the case of an interstate practitioner, the Mutual Recognition Act 1992 of the Commonwealth as adopted under section 4 of the Mutual Recognition (Victoria) Act 1998; (b) in the case of a New Zealand practitioner, the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth, as adopted under section 4 of the Trans-Tasman Mutual Recognition (Victoria) Act 1998; New Zealand practitioner means a person who is admitted and, at the time of application for admission under these Rules, is entitled or eligible to practise as a legal practitioner in New Zealand; overseas practitioner means a person who is admitted and, at the time of application for admission under these Rules, is entitled to or eligible to practise as a legal practitioner in a place outside Australia; qualified overseas applicant means a person (other than an overseas practitioner)— (a) who has not previously been admitted to the legal profession in any jurisdiction; and (b) who wishes to be admitted on the basis of academic qualifications and practical legal training obtained wholly or principally outside Australia; 3 -- 7 of 129 -- Part 1—Preliminary Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 1.06 supervised workplace training means training undertaken by a trainee under Division 3 of Part 3; supervisor means a person who is eligible under rule 3.05 to be a supervisor; the Act means the Legal Profession Act 2004; trainee means an eligible person under rule 3.01(2) who undertakes supervised workplace training in accordance with a training plan; training plan means a training plan executed in accordance with rule 3.07(1)(b). (2) A reference in the definitions respectively of New Zealand practitioner and overseas practitioner to a person who is eligible to practise as a legal practitioner in New Zealand or in another place outside Australia includes a practitioner who does not have a current practising certificate in New Zealand or that other place (as the case requires) but who would be entitled to obtain a certificate as a matter of course, after applying for a certificate and paying the required fee. 1.06 Academic and legal training requirements for admission (1) The academic qualifications required for admission are set out in Part 2. (2) The legal training required for admission is set out in Part 3. __________________ 4 -- 8 of 129 -- Part 2—Academic Qualifications Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 2.01 PART 2—ACADEMIC QUALIFICATIONS REQUIRED FOR ADMISSION Division 1—Academic qualifications 2.01 Approved academic qualifications (1) The academic qualifications approved for admission to the legal profession in Victoria are— (a) successful completion of a course of study approved under rule 2.04, that includes subjects approved under rule 2.05, provided by an institution approved under Division 2, which requires a student to acquire and demonstrate appropriate understanding of, and competence in, each element of the academic areas of knowledge— (i) set out in Schedule 2; or (ii) otherwise determined by the Council after considering any relevant recommendation of the LACC; and (b) that the applicant has a sufficient knowledge of written and spoken English to engage in legal practice in Victoria. (2) The Council may require an applicant to pass an examination specified by the Council for the purposes of subrule (1)(b). (3) The Board of Examiners may determine that an applicant is not required to satisfy the requirements specified in subrule (1)(a) if the Board of Examiners is satisfied that the applicant has an appropriate understanding of, and competence in, each element of the areas of knowledge referred to in that subrule. 5 -- 9 of 129 -- Part 2—Academic Qualifications Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 2.02 Division 2—Approval of academic institutions 2.02 Approved academic institutions (1) Subject to subrule (3), each of the following is an approved academic institution— (a) The University of Melbourne; (b) Monash University; (c) La Trobe University; (d) Deakin University; (e) Victoria University; (f) Royal Melbourne Institute of Technology; (g) any other tertiary institution in Victoria designated by the Council; (h) any institution recognised by another Australian jurisdiction as providing a course of study which— (i) satisfies the academic requirements for admission in that jurisdiction; and (ii) requires a student to acquire and demonstrate an appropriate understanding of, and competence in, each element of the academic areas of knowledge referred to in rule 2.01. (2) The Council may only designate an institution under subrule (1)(g) if the Council is satisfied that the institution will competently provide an approved course of study in law. (3) The Council may, by notice in writing to an academic institution— (a) withdraw approval of that academic institution; or 6 -- 10 of 129 -- Part 2—Academic Qualifications Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 2.03 (b) impose or vary any condition on the approval of that academic institution, which the Council thinks fit, including any condition resulting from— (i) any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or (ii) any review of that institution under rule 2.03. 2.03 Monitoring and review (1) The Council may monitor and, if it considers it reasonable to do so, from time to time, review— (a) the performance of, and the resources available to, an approved academic institution, in providing an approved course of study; and (b) the content and conduct of an approved course of study or any approved subject provided by the institution. (2) The Council may, after consulting an approved academic institution— (a) appoint one or more persons to conduct a review of the approved course of study or of any subject in an approved course of study conducted by that academic institution; and (b) determine the terms of reference for any such review. (3) The Council must provide the approved academic institution with a copy of any report received by the Council, as a result of a review. (4) It is a condition of approval of each approved academic institution that, unless the Council determines otherwise, the cost of any such monitoring or review must be borne by the institution. 7 -- 11 of 129 -- Part 2—Academic Qualifications Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 2.04 (5) An approved academic institution must provide such information to the Council or its reviewer as the Council or reviewer may require, for the purpose of any monitoring or review carried out under this rule. Division 3—Approval of course of study 2.04 Approval of course of study (1) The Council may approve a course of study which the Council considers will provide a student with an appropriate understanding of, and competence in, each element of the areas of knowledge referred to in rule 2.01(1)(a). (2) Subject to rule 2.02(3) and subrule (3), a course of study for obtaining the degree of Bachelor of Law or the equivalent qualification (by whatever name, and whether offered to undergraduate or graduate students) conducted by an academic institution referred to in rule 2.02(1)(a) to (g), as it was comprised and conducted immediately before these Rules came into operation, is an approved course of study. (3) The Council may, by notice in writing to an approved academic institution— (a) withdraw approval of any course of study; or (b) impose or vary any condition on the approval of a course of study which the Council thinks fit, including any condition resulting from— (i) any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or (ii) any review of the approved course of study or of any subject in an approved course of study under rule 2.03. 8 -- 12 of 129 -- Part 2—Academic Qualifications Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 2.05 2.05 Approval of subjects (1) The Council may approve any subject or part of a subject in either— (a) a course of study approved under rule 2.04; or (b) a course of study at any other institution— as providing a student with appropriate understanding of, and competence in, the whole or any part of an area of knowledge referred to in rule 2.01(1)(a). (2) The Council may, as the Council thinks fit, by notice in writing to an approved academic institution— (a) withdraw approval of any subject or part of a subject; or (b) impose or vary any condition on the approval of that subject or part of a subject, including any condition resulting from— (i) any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or (ii) any review under rule 2.03. (3) If a person commences an approved course of study incorporating an approved subject and satisfactorily completes the subject, the person is to be treated as having completed an approved subject, despite withdrawal of approval after the person has commenced the subject. __________________ 9 -- 13 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.01 PART 3—PRACTICAL LEGAL TRAINING REQUIRED FOR ADMISSION Division 1—Practical legal training 3.01 Practical legal training (1) The practical legal training approved for admission to the legal profession in Victoria, is— (a) successfully completing either— (i) an approved PLT course conducted by an approved PLT provider, in accordance with Division 2; or (ii) supervised workplace training, in accordance with Division 3; and (b) acquiring and demonstrating to the satisfaction of the Board of Examiners an appropriate understanding of and competence in each element of the skills, values and practice areas— (i) set out in Schedule 3; or (ii) otherwise determined by the Council after considering any relevant recommendation of the LACC. (2) A person is eligible to undertake practical legal training under this Part, if the person has completed— (a) an approved course of study at an approved institution, in accordance with Part 2; or (b) some other tertiary qualification in law which is sufficient for the purposes of satisfying the academic requirements for admission to the legal profession in the Australian jurisdiction where the relevant tertiary qualification was obtained. 10 -- 14 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.02 Division 2—Practical legal training providers and courses 3.02 Approval of PLT providers (1) The Council may approve an institution as an approved PLT provider only if the Council is satisfied that the institution will competently conduct an approved PLT course. (2) The Council may, as the Council sees fit, by notice in writing to a PLT provider— (a) withdraw approval of that PLT provider; or (b) impose or vary any condition on the approval of that PLT provider, including any condition resulting from— (i) any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or (ii) any review under rule 3.03. 3.03 Monitoring and review of approved PLT provider (1) The Council may monitor, and, if it considers it reasonable to do so, from time to time review— (a) the performance of, and the resources available to, an approved PLT provider in providing an approved PLT course; and (b) the content and conduct of an approved PLT course, or any subject in an approved PLT course, provided by the PLT provider. (2) The Council may, after consulting an approved PLT provider— (a) appoint one or more persons to conduct a review of the approved PLT course or of any subject in an approved PLT course conducted by that PLT provider; and (b) determine the terms of reference for any such review. 11 -- 15 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.04 (3) The Council must provide the approved PLT provider with a copy of any report received by the Council, as a result of a review. (4) It is a condition of approval of each approved PLT provider that, unless the Council determines otherwise, the costs of any such monitoring or review must be borne by the provider. (5) An approved PLT provider must provide such information to the Council or its reviewer as the Council or reviewer may require, for the purpose of any monitoring or review carried out under this rule. 3.04 Approval of training course (1) The Council may approve a course which the Council considers will provide an appropriate understanding of, and competence in each element of— (a) the compulsory skills, values and practice areas; and (b) some, or all, of the optional practice areas— referred to in rule 3.01(1)(b). (2) The Council may approve a course which is to be conducted wholly or partly online. (3) The Council may, as the Council thinks fit by notice in writing to an approved PLT provider— (a) withdraw approval for a course; or (b) impose or vary any condition on the approval of that course, including any condition resulting from— (i) any determination of the Council under rule 2.01(1)(a)(ii) or 3.01(1)(b)(ii); or (ii) any review of an approved PLT course or subject under rule 3.03. 12 -- 16 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.05 (4) If a person commences a course approved by the Council and satisfactorily completes the course, the person is to be treated as having completed an approved course, despite withdrawal of approval of the course or of the PLT provider, after the person commenced the course. Division 3—Supervised workplace training 3.05 Persons eligible to be a supervisor (1) A person may supervise a trainee for the purposes of these Rules if the person is an Australian lawyer engaged— (a) in legal practice; or (b) as a Government, corporate, commercial or community legal officer— working principally in Victoria, who has worked as either or both of— (c) a practising solicitor, or in the manner of a solicitor; or (d) a practising barrister, or in the manner of a barrister— for a total of at least 5 years, of which at least 3 years were spent in either or both of practice as a solicitor, or working in the manner of a solicitor. (2) The Board of Examiners may approve (either generally or in relation to a particular trainee, and either on the application of a person or on its own initiative)— (a) a Judge of— (i) the High Court; or (ii) the Federal Court; or (iii) the Supreme Court of Victoria; or (iv) the County Court of Victoria; or 13 -- 17 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.05 (b) any Australian lawyer, other than a person referred to in subrule (1), who has worked as either or both of— (i) a practising solicitor, or in the manner of a solicitor; or (ii) a practising barrister, or in the manner of a barrister— for a total of at least 5 years, of which at least 3 years were spent in either or both of practice as a solicitor, or working in the manner of a solicitor— whom the Board of Examiners considers to have appropriate qualifications and experience to be a supervisor, and to be able to provide a trainee with appropriate supervised workplace training. (3) If a person referred to in subrule (1) or (2)(b) has not engaged in legal practice within the last 5 years, the person will not be eligible to supervise a trainee until the person has engaged in legal practice for at least 1 further year. (4) Supervised workplace training under the successive supervision of more than 1 supervisor may be undertaken, only if the arrangement for such successive supervision is— (a) set out in the training plan; or (b) approved in advance by the Board of Examiners; or (c) subsequently set out in the affidavit referred to in rule 5.02(1)(a)(i) or rule 5.03(2)(a)(i), as the case requires. (5) Successive supervision referred to in subrule (4) may take place in different places within Australia if the proposed arrangement is— 14 -- 18 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.06 (a) set out in the training plan; or (b) approved in advance by the Board of Examiners; or (c) set out in the affidavit referred to in rule 5.02(1)(a)(i) or rule 5.03(2)(a)(i), as the case requires. (6) The Board of Examiners may give approval under subrule (4) or (5), subject to such conditions as it sees fit. (7) A person nominated in a training plan or authorised under subrule (4)(b) or (c) to supervise a trainee for any period during supervised workplace training must be the person who is primarily responsible for supervising the work of the trainee for the purposes of these Rules, during that period. 3.06 Where supervised workplace training may take place (1) Subject to subrule (2), supervised workplace training must take place in Victoria. (2) Supervised workplace training may take place within Australia, but outside Victoria, if the proposed location of that training is— (a) set out in the training plan; or (b) approved in advance by the Board of Examiners; or (c) set out in the affidavit referred to in rule 5.02(1)(a)(i) or rule 5.03(2)(a)(i), as the case requires. (3) The Board of Examiners may, either generally or in a particular case, give approval for some or all of a trainee's supervised workplace training to take place— 15 -- 19 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.07 (a) in another Australian jurisdiction; or (b) outside Australia— subject to such conditions as it sees fit. (4) A trainee who undertakes supervised workplace training outside Victoria must comply with rule 3.09(1)(b) and (c). 3.07 Obligations of a trainee's employer (1) The employer of a trainee must— (a) keep a register of trainees and supervisors within the employer's legal practice or business; and (b) implement a training plan for each trainee, which must— (i) provide for the matters set out in rule 3.12; and (ii) be executed on behalf of the employer and by the trainee; and (iii) be executed by each supervisor nominated in the training plan; and (iv) subject to rule 3.14(3), be given to the Board of Examiners by the trainee in accordance with rule 3.13; and (c) ensure that the trainee has appropriate opportunities to carry out the trainee's obligations under the training plan, in the course of the trainee's employment; and (d) ensure that the trainee is appropriately supervised by a supervisor, for the purposes of these Rules, throughout the trainee's supervised workplace training. (2) Unless the Board of Examiners determines otherwise, the employer of a trainee must meet the cost of any training relevant to— 16 -- 20 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.08 (a) a trainee's supervision; and (b) the trainee acquiring and demonstrating appropriate understanding of, and competence in, each element of the skills, values and practice areas referred to in rule 3.01(1)(b). 3.08 Permitted number of trainees (1) Subject to subrule (2), the employer of a trainee must not engage more trainees to undertake supervised workplace training at the same time, than the number of eligible supervisors available at the workplace at that time. (2) The Board of Examiners may from time to time determine the maximum number of trainees, either generally or in a particular case, which an employer or class of employer may engage to undertake supervised workplace training at the same time. (3) A person may not be the supervisor of more than one trainee at the same time without the prior approval of the Board of Examiners. 3.09 What supervised workplace training requires (1) A trainee must— (a) complete a period of at least 12 months of supervised workplace training, worked out in accordance with the Rules and any guidelines determined by the Board of Examiners, under the supervision of a person eligible to be a supervisor under rule 3.05; and (b) subject to rule 3.01(1)(b) and paragraphs (c) and (d), acquire an appropriate understanding of, and competence in, each element of— (i) the compulsory skills; and 17 -- 21 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.09 (ii) the compulsory values; and (iii) the compulsory practice areas; and (iv) one practice area from each of the two groups of optional practice areas— referred to in rule 3.01(1)(b); and (c) acquire an appropriate understanding of, and competence in, and satisfactorily complete assessment in, each element of Ethics and Professional Responsibility as set out in Schedule 3 or otherwise determined under rule 3.01(1)(b)(ii), through a course of instruction and program of assessment conducted by a PLT provider approved under Division 2; and (d) acquire an appropriate understanding of, and competence in, and satisfactorily complete assessment in— (i) each element of Lawyer's Skills; and (ii) the Risk Management element of Work Management and Business Skills— as set out in Schedule 3 or otherwise determined under rule 3.01(1)(b)(ii), through a course of instruction and program of assessment conducted by— (iii) a PLT provider approved under Division 2; or (iv) another provider approved by the Board of Examiners, for the purpose of providing such a course of instruction and program of assessment. (2) A course of instruction referred to in subrule (1)(c) or (d) must be equivalent in content and depth, and the relevant program of assessment must be as rigorous, as the course of instruction 18 -- 22 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.10 and program of assessment for each comparable element in the course of the relevant PLT provider approved under rule 3.04. 3.10 Employment during supervised workplace training (1) A trainee must not engage in any paid or unpaid work while undertaking supervised workplace training without first obtaining the consent of the person who executed the relevant training plan on behalf of the employer referred to in rule 3.07, except— (a) in the business conducted by that employer; or (b) in accordance with the relevant training plan. (2) If the person who executed the relevant training plan refuses to give consent under subrule (1), the Board of Examiners may give consent upon the application of the trainee. 3.11 Leave of absence (1) As part of a period of supervised workplace training, a trainee may be allowed leave of absence— (a) on all days that are public holidays under the Public Holidays Act 1993; and (b) in the case of illness or injury, for a period not exceeding 10 days; and (c) in addition, for a further period not exceeding 20 days. (2) Any day (other than a Saturday, Sunday or public holiday under the Public Holidays Act 1993) on which the employer's office is not open for business must be counted for the purpose of calculating the period referred to in subrule (1)(c). (3) Subrule (1) is subject to any applicable award or law relating to leave of absence. 19 -- 23 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.12 (4) An employer must, in the course of and as part of a trainee's employment and supervised workplace experience, allow the trainee sufficient time— (a) to prepare for, travel to and from and attend, any course of training related to acquiring an appropriate understanding of and competence in, each element of the skills, values and practice areas set out in Schedule 3 or otherwise determined under rule 3.01(1)(b)(ii); and (b) to study for, travel to and from and attend, any assessment associated with such a course of training. (5) If a trainee takes leave of absence for any period in addition to the periods referred to in subrules (1) and (3), the trainee must complete an equivalent additional period of supervised workplace training after the expiration of the period of supervised workplace training provided for in the relevant training plan. 3.12 Content of training plan (1) A training plan executed under rule 3.07(1) must set out— (a) the period of supervised workplace training which the trainee will undertake; and (b) how the parties propose to ensure that the trainee acquires and demonstrates appropriate understanding of, and competence in, each element of the skills, values and practice areas set out in Schedule 3; and (c) who will supervise the trainee and for what part of the supervised workplace training; and 20 -- 24 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.12 (d) the name of any approved PLT provider, or provider referred to in rule 3.09(1)(d)(iv), who will conduct any course of instruction or assessment, and the relevant skills, values and practice areas set out in Schedule 3 which that provider will provide; and (e) undertakings by— (i) the person executing the training plan on behalf of the employer, given on behalf of that employer; and (ii) any person nominated in the training plan as a supervisor— that the employer and the supervisor, respectively, will each use their best endeavours to ensure that— (iii) the trainee is properly and thoroughly instructed in the practice and profession of a legal practitioner; and (iv) the trainee gains practical experience in the legal business transacted in the legal practice or business of the employer; and (v) the trainee is given every opportunity to participate, under appropriate supervision, in giving legal advice and in drafting such legal documents as are given or drafted in the legal practice or business of the employer; and (vi) if the trainee has properly performed the obligations referred to in paragraph (f), and is qualified to be admitted to the legal profession, the trainee is admitted; and 21 -- 25 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.13 (f) an undertaking by the trainee to undertake the responsibilities and tasks given by or on behalf of the employer and any supervisor nominated in the training plan, consistently with the training plan, diligently and in good faith, to the best of the trainee's ability; and (g) a provision that, to the extent that any terms of an employment contract otherwise entered into between the employer and the trainee are inconsistent with the training plan, the terms are void and of no effect; and (h) any other matters required under these Rules or that the Board of Examiners may require. (2) A training plan must be substantially in the form set out in Schedule 15 or in such other form as is required by the Board of Examiners. 3.13 Information to be supplied to Board of Examiners (1) Within 1 month after executing a training plan, a trainee must produce to the Board of Examiners the following, as applicable to the trainee— (a) subject to rule 3.14(3), the training plan executed in accordance with rule 3.07(1)(b); (b) an affidavit verifying the training plan, in the form set out in Schedule 4; (c) evidence that the trainee has obtained the academic qualification required under rule 2.01; and (d) any other information required under these Rules or that the Board of Examiners may generally require trainees to provide. (2) The trainee must produce to the Board of Examiners any further evidence the Board may require that the supervised workplace training provided for in the training plan is appropriate and 22 -- 26 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.14 sufficient, in the applicant's case, under these Rules. 3.14 Approval of supervised workplace experience and training plan by Board of Examiners (1) The Board of Examiners, after considering a training plan, affidavit and any evidence and other information must approve a trainee's supervised workplace training and training plan, if the Board of Examiners is satisfied that— (a) the employer of the trainee is able to provide the trainee with supervised workplace training, in accordance with these Rules; and (b) each person nominated in the training plan as a supervisor is eligible to be a supervisor under rule 3.05; and (c) proper provision has been made for the trainee to acquire appropriate understanding of, and competence in, each element of the skills, values and practice areas referred to in rule 3.01(1)(b), in accordance with rule 3.09; and (d) the training plan complies with these Rules and has been properly executed by the parties. (2) The Board of Examiners must refuse to approve— (a) the supervised workplace training; (b) the training plan— if the Board is not satisfied of the matters in subrule (1). (3) If the Board of Examiners is not satisfied that the training plan complies with the requirements of subrule (1) it may give the applicant leave to withdraw and to resubmit the training plan, within the period specified by the Board of Examiners, 23 -- 27 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.15 incorporating any amendments necessary for compliance with those requirements. (4) If the Board gives leave under subrule (2), it may approve an amended training plan which does comply with these Rules and has been properly executed, if— (a) the amended training plan is resubmitted within the period specified by the Board of Examiners; and (b) the applicant submits an affidavit verifying the making of any amendment to, or re-execution of, the training plan. (5) If the Board of Examiners approves a training plan resubmitted under subrule (3), any period of supervised workplace training undertaken before the Board gives its approval, must be taken to be supervised workplace training for the purposes of these Rules. (6) The Board of Examiners may retrospectively approve any departure from, or alteration to, a training plan set out in an affidavit made under rule 5.02(1)(a)(i) or 5.03(2)(a)(i), if the Board of Examiners is of the opinion that the departure or alteration did not prevent the applicant from acquiring appropriate understanding of, and competence in, any element of the compulsory and optional skills, values and practice areas referred to in rule 3.01(1)(b). 3.15 Termination of supervised workplace training (1) If at any time during a period of supervised workplace training the Board of Examiners forms the view that— (a) a trainee is not receiving appropriate supervision; or (b) a training plan is not being complied with; or 24 -- 28 of 129 -- Part 3—Practical Legal Training Required for Admission Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 3.15 (c) a trainee is not receiving appropriate supervised workplace training; or (d) a trainee is not deriving substantial benefit from the supervised workplace training; or (e) for any other reason, it is appropriate to do so— the Board of Examiners may either— (f) terminate the trainee's supervised workplace training; or (g) approve another appropriate employer and one or more eligible supervisors to provide the balance of the trainee's supervised workplace training, under a revised training plan. (2) The Board of Examiners may act under subrule (1) either— (a) on its own initiative; or (b) on the application of one or more of— (i) the trainee; or (ii) the trainee's employer; or (iii) any supervisor nominated in the relevant training plan. (3) Where the Board of Examiners acts under subrule (1), it may disqualify— (a) the relevant employer from offering supervised workplace training; or (b) a supervisor nominated in the relevant training plan from acting as a trainee's supervisor— either permanently, or for such period as the Board of Examiners thinks fit. __________________ 25 -- 29 of 129 -- Part 4—Qualifications for Overseas Applicants Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 4.01 PART 4—QUALIFICATIONS FOR OVERSEAS APPLICANTS Division 1—Qualified overseas applicants 4.01 Academic qualifications and practical legal training required for admission (1) The academic qualification and legal training required for a qualified overseas applicant to be admitted in Victoria are— (a) that the applicant holds an academic qualification and, unless the Council determines otherwise in a particular case, has received practical legal training recognised in a jurisdiction outside Australia as meeting the requirements for admission in that jurisdiction (other than any requirements which the Council is satisfied either are of a formal or procedural nature); and (b) that the applicant complies with any directions given by the Council under rule 4.05; and (c) that the applicant has a sufficient knowledge of written and spoken English to engage in legal practice in Victoria. Note Before being admitted, an applicant must comply with the requirements of rule 5.03 and also satisfy the Board of Examiners that the applicant complies with a number of suitability matters set out in section 1.2.6 of the Act. (2) The Council may require an applicant to pass an examination specified by the Council for the purposes of subrule (1)(c). 26 -- 30 of 129 -- Part 4—Qualifications for Overseas Applicants Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 4.02 4.02 Application for directions (1) A qualified overseas applicant must apply to the Council for directions under rule 4.05 as to the extent (if any) to which his or her existing academic qualifications and practical legal training may be regarded as sufficient for admission without completion of further academic qualifications and practical legal training requirements. (2) Unless the Council otherwise determines, an application under subrule (1) must be accompanied by an affidavit (exhibiting each relevant certificate)— (a) stating the nature and details of the qualified overseas applicant's academic qualifications and practical legal training; and (b) providing evidence that the applicant has the academic qualifications and practical legal training on which the applicant relies and that they meet all the requirements for admission in the jurisdiction in which he or she obtained the academic qualifications and practical legal training (other than any requirements, of which the applicant must provide adequate detail, that either are of a formal or procedural nature); and (c) stating whether the applicant has applied for admission in any other Australian jurisdiction and the result of the application; and (d) setting out any additional information the Council generally requires. 27 -- 31 of 129 -- Part 4—Qualifications for Overseas Applicants Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 4.03 Division 2—Overseas practitioners 4.03 Academic qualifications and practical legal training required for admission (1) An overseas practitioner attains approved academic qualifications and satisfactorily completes approved practical training requirements if the practitioner— (a) complies with any directions given by the Council under rule 4.05; and (b) has a sufficient knowledge of written and spoken English to engage in legal practice in Victoria. Note Before being admitted, an applicant must comply with the requirements of rule 5.05 and also satisfy the Board of Examiners that the applicant complies with a number of suitability matters set out in section 1.2.6 of the Act. (2) The Council may require an applicant to pass an examination specified by the Council for the purposes of subrule (1)(b). 4.04 Application for directions (1) An overseas practitioner must apply to the Council for directions under rule 4.05 as to the extent (if any) to which his or her existing qualifications may be regarded as sufficient qualifications for admission without completion of further academic qualifications and practical legal training requirements. (2) Unless the Council otherwise determines, an application under subrule (1) must be accompanied by an affidavit (exhibiting each relevant certificate)— 28 -- 32 of 129 -- Part 4—Qualifications for Overseas Applicants Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 4.04 (a) stating the nature and details of the applicant's academic qualifications, practical legal training and practical experience; and (b) providing evidence that the applicant has the academic qualifications and any practical legal training qualifications on which he or she relies; and (c) giving details of the applicant's admission in the overseas jurisdiction on the basis of which he or she is seeking admission in Victoria; and (d) stating that any condition imposed on the applicant's admission by the admitting authority in the overseas jurisdiction has been satisfied; and (e) stating that the applicant is currently entitled to practise in the overseas jurisdiction or elsewhere, has not at any stage been struck off the roll of practitioners in the overseas jurisdiction or elsewhere and is not presently subject to disciplinary inquiry or proceedings; and (f) describing the nature, range and character of the applicant's practice in the overseas jurisdiction or elsewhere; and (g) stating whether the applicant has practised as an Australian-registered foreign lawyer and whether the applicant is, or has been, subject to any disciplinary enquiry or proceedings in relation to that practice; and (h) stating whether the applicant has applied for admission in any other Australian jurisdiction and the result of the application; and (i) setting out any additional information the Council generally requires. 29 -- 33 of 129 -- Part 4—Qualifications for Overseas Applicants Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 4.05 Division 3—Directions by Council 4.05 Directions by Council (1) In relation to any application under rule 4.02 or 4.04 for directions, the Council may direct that— (a) the existing academic qualifications and practical legal training of the applicant are equivalent to the academic qualifications and practical legal training required of a local applicant under the Rules; or (b) the academic qualifications and practical legal training of the applicant will be equivalent to the academic qualifications and practical legal training required of a local applicant under these Rules if— (i) the applicant successfully completes any further academic or practical legal training requirements that the Council may specify (whether or not these requirements also form part of the qualifications required of a local applicant); or (ii) in the case of an overseas practitioner, if the applicant completes supervised workplace experience as a law clerk under the supervision of a person who is eligible under these Rules to act as a supervisor; or (c) the existing academic qualifications and practical legal training of the applicant are not equivalent to the academic qualifications and practical legal training required of a local applicant under these Rules. 30 -- 34 of 129 -- Part 4—Qualifications for Overseas Applicants Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 4.06 (2) The Council may dispense with, or vary, either generally or in respect of any case and on any conditions it thinks fit, the performance or observance of any requirement referred to in subrule (1)(b)(i) or (ii) if it considers that the dispensation or variation does not substantially diminish the value of the academic qualifications or practical legal training required under those subrules. (3) Without limiting the Council's discretions under subrules (1) and (2), when deciding upon any direction under this rule, the Council must have regard to any principles from time to time adopted by the LACC for assessing the qualifications of overseas applicants for admission. (4) In deciding whether an applicant is eligible for admission under section 2.3.10(1) of the Act, the Board of Examiners must have regard to— (a) any direction or dispensation given by the Council under subrule (1) or (2); and (b) whether or not the applicant has complied with that direction or dispensation. 4.06 Specification of time for application for admission The Council or the Board of Examiners may specify a time within which an applicant in relation to whom the Council has given a direction under rule 4.05(1)(a) or (b) must apply for admission. __________________ 31 -- 35 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.01 PART 5—ADMISSION PROCEDURE Division 1—Local applicants 5.01 Notice of intention to apply for admission (1) Not less than 1 month (or any lesser time determined by the Board of Examiners) before the appointed day of Supreme Court sittings in which a local applicant intends to apply for admission, the local applicant must— (a) serve on the Board of Examiners a notice of intention to apply to be admitted in the form set out in Schedule 5; and (b) post a copy of the notice in the Supreme Court as designated by the Board. (2) Before an appointed day referred to in subrule (1), the Board of Examiners must publish the names of persons applying for admission on that day in a newspaper circulating generally in Victoria. 5.02 Documents in support of admission (1) Not less than 21 days (or any lesser time determined by the Board of Examiners) before the appointed day of Supreme Court sittings in which a local applicant intends to apply for admission, the applicant must lodge with the Board of Examiners— (a) if the applicant has completed supervised workplace training under these Rules— (i) an affidavit by the person who executed the applicant's training plan on behalf of the trainee's employer, or by some other person nominated by the employer for the purpose, in the form set out in Schedule 6 or such other form 32 -- 36 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.02 as is required by the Board of Examiners; and (ii) a certificate by an approved PLT provider, or other provider approved under rule 3.09(1)(d)(iv), that the applicant has completed the elements referred to in rule 3.09(1)(d)(i) and (ii), as the case requires; and (iii) an affidavit executed by each person who acted as a supervisor of the applicant, and the applicant, in the form set out in Schedule 7 or such other form as is required by the Board of Examiners; and (b) a written statement by the applicant disclosing any matter which a reasonable applicant would consider that the Board of Examiners might regard as not being favourable to the applicant (including any formal charge of a criminal offence) when considering— (i) the applicant's eligibility for admission; or (ii) any suitability matter set out in section 1.2.6 of the Act, including whether the applicant is a fit and proper person to be admitted; and (c) an affidavit by the applicant in support of the application in the form set out in Schedule 8 to which is annexed as required— (i) a certificate that the applicant has successfully completed an approved course of study, including approved subjects at an approved academic institution, in the manner required by these Rules; and 33 -- 37 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.02 (ii) if the applicant has completed an approved PLT course under these Rules, a certificate that the applicant has completed the course to the satisfaction of the approved PLT provider; and (iii) if the applicant, for the purposes of paragraph (a)(ii) and subparagraphs (i) and (ii), relies on a course of study or subject, or on a PLT course or element of such a course, obtained in another Australian jurisdiction, a certificate from the admitting authority in that jurisdiction that the course of study, subject, PLT course or element, as the case requires, is recognised for the purposes of admission to the legal profession in that jurisdiction; and (iv) a report by the Chief Commissioner of Police on the applicant's criminal record (if any), prepared within 6 months before the date on which the affidavit is made; and (v) a report by the approved academic institution referred to in subparagraph (i) and the approved PLT provider referred to in paragraph (a)(ii) or subparagraph (ii), on any disciplinary action, however described, arising out of the applicant's conduct in attaining the applicant's approved academic qualification or completing the applicant's approved practical legal training requirements at that academic institution or PLT provider, as the case requires, prepared within 6 months before the date on which the affidavit is made; and 34 -- 38 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.03 (vi) 2 affidavits as to character in the form set out in Schedule 9 each made by an acceptable deponent; and (d) any other affidavits, certificates and information required by the Board of Examiners. (2) If the Board of Examiners requires, a local applicant must cause any certificate and other document the Board may require, including any document referred to in subrule (1), to be provided directly to the Board by the institution or authority which provides or issues the certificate or document. (3) A certificate or document required to be provided under subrule (2) must be sent to the Board of Examiners by registered post or by any other means approved by the Board. Division 2—Qualified overseas applicants 5.03 Documents in support of admission (1) After receiving directions under rule 4.05 and not less than 3 months (or any lesser time determined by the Board of Examiners) before the appointed day of Supreme Court sittings in which a qualified overseas applicant intends to apply for admission, the applicant must— (a) serve on the Board of Examiners notice of intention to apply to be admitted, in the form set out in Schedule 5; and (b) post a copy of the notice in the Supreme Court as designated by the Board. (2) Not less than 1 month (or any lesser time determined by the Board of Examiners) before the appointed day of Supreme Court sittings at which a qualified overseas applicant intends to apply for 35 -- 39 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.03 admission, the applicant must lodge with the Board of Examiners— (a) if the applicant has completed supervised workplace training under these Rules— (i) an affidavit by the person who executed the applicant's training plan on behalf of the trainee's employer, in the form set out in Schedule 6 or such other form as is required by the Board of Examiners; and (ii) a certificate by an approved PLT provider or an external provider approved under rule 3.09(1)(d)(iv) that the applicant has completed the elements referred to in rule 3.09(1)(d)(i) and (ii), as the case requires; and (iii) an affidavit executed by each person who acted as a supervisor of the applicant, in the form set out in Schedule 7 or in such other form as is required by the Board of Examiners; and (b) a written statement by the applicant disclosing any matter which a reasonable applicant would consider that the Board of Examiners might regard as not being favourable to the applicant (including any formal charge of a criminal offence) when considering— (i) the applicant's eligibility for admission; or (ii) any suitability matter set out in section 1.2.6 of the Act, including whether the applicant is a fit and proper person to be admitted; and 36 -- 40 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.03 (c) an affidavit by the applicant in support of the application in the form set out in Schedule 8 to which is annexed as required— (i) certificates evidencing that the applicant has obtained a degree in law and any other qualifications on which the applicant relies; and (ii) a certificate that the applicant has successfully completed a course of study which requires a student to acquire and demonstrate appropriate understanding of, and competence in, each of the academic areas of knowledge set out in Schedule 2 and any further academic qualifications specified by the Council under rule 4.05(1)(b); and (iii) if the applicant has completed an approved PLT course under these Rules, a certificate that the applicant has completed the course to the satisfaction of the approved PLT provider; and (iv) if the applicant, for the purposes of subparagraphs (i), (ii) and (iii), relies on an academic qualification, course of study or subject obtained in another Australian jurisdiction, a certificate from the admitting authority in that jurisdiction that the academic qualification, course of study or subject, as the case requires, is recognised for the purposes of admission to the legal profession in that jurisdiction; and 37 -- 41 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.03 (v) unless the Board of Examiners determines otherwise in a particular case, a report from the police in the overseas jurisdiction where the applicant obtained the academic qualifications and practical legal training on which the applicant relies on the applicant's criminal record (if any) prepared within 2 years before the date on which the affidavit is made; and (vi) where the applicant has lived in Australia for more than 3 months during the 2 years before the date on which the affidavit is made, a report by the Chief Commissioner of Police on the applicant's criminal record in Australia (if any), prepared within 1 month before the date on which the affidavit is made; and (vii) a report by the institution that granted the degree or qualification referred to in subparagraph (i) or the institution that provided a certificate referred to in subparagraph (ii) or the PLT provider referred to in subparagraph (iii), on any disciplinary action, however described, arising out of the applicant's conduct in attaining the relevant academic qualification or completing practical legal training requirements at the institution or PLT provider, as the case requires, prepared within 6 months before the date on which the affidavit is made; and (viii) 2 affidavits as to character in the form set out in Schedule 9 each made by an acceptable deponent; and 38 -- 42 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.04 (d) any other affidavits, certificates and information required by the Board of Examiners. (3) If the Board of Examiners requires, a qualified overseas applicant must cause any certificate and other document the Board may require, including any document referred to in subrule (2), to be provided directly to the Board by the institution or authority which provides or issues the certificate or document. (4) A certificate or document required to be provided under subrule (3) must be sent to the Board of Examiners by registered post or by any other means approved by the Board. Division 3—Interstate and New Zealand practitioners 5.04 Mutual recognition admissions (1) If an interstate lawyer or a New Zealand practitioner notifies the Supreme Court that he or she seeks registration in Victoria as a local lawyer under the mutual recognition legislation, the prothonotary of the Supreme Court must provide to the Board of Examiners the notice and accompanying documents required to be lodged with the Court under that legislation. (2) The Board of Examiners may make any inquiries it thinks fit concerning any notification of registration under this Division. (3) The Board of Examiners must— (a) if it is satisfied that the notice and accompanying documents provided under subrule (1) comply with the requirements of the mutual recognition legislation, issue a certificate in the form set out in Schedule 11 certifying that the interstate lawyer or New Zealand practitioner (as the case requires) 39 -- 43 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.05 appears to be entitled to be admitted to the legal profession in Victoria; or (b) if it is not so satisfied, refer the notice and accompanying documents to the Supreme Court for determination in accordance with the mutual recognition legislation. Division 4—Overseas practitioners 5.05 Documents in support of admission (1) After receiving directions under rule 4.05 and not less than 3 months (or any lesser time determined by the Board of Examiners) before the appointed day of Supreme Court sittings in which an overseas practitioner intends to apply for admission, the overseas practitioner must— (a) deliver to the Board of Examiners a statement in the form set out in Schedule 10; and (b) deliver to the Board of Examiners 2 affidavits as to character, in the form set out in Schedule 9, each made by an acceptable deponent; and (c) deliver to the Board of Examiners a statement disclosing any matter which a reasonable applicant would consider that the Board of Examiners might regard as not being favourable to the applicant (including any formal charge of a criminal offence) when considering— (i) the applicant's eligibility for admission; or (ii) any suitability matter set out in section 1.2.6 of the Act, including whether the applicant is a fit and proper person to be admitted; and 40 -- 44 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.05 (d) unless the Board of Examiners determines otherwise in a particular case, deliver to the Board of Examiners a report from the police in the overseas jurisdiction where the applicant is a practitioner on the applicant's criminal record (if any) prepared within 2 years before the date on which the report is delivered; and (e) where the applicant has lived in Australia for more that 3 months during the 2 years before the date upon which the affidavit is made, a report by the Chief Commissioner of Police on the applicant's criminal record in Australia (if any), prepared within 1 month before the date on which the affidavit is made; and (f) serve on the Board of Examiners notice of intention to apply to be admitted in the form set out in Schedule 5, and post a copy of the notice in the Supreme Court as designated by the Board; and (g) deliver to the Board any other affidavits, certificates and information required by the Board. (2) Not less than 1 month (or any lesser time determined by the Board of Examiners) before the appointed day of Supreme Court sittings in which an overseas practitioner intends to apply for admission, the overseas practitioner must lodge with the Board of Examiners— (a) an affidavit of qualifications in the form set out in Schedule 12; and (b) if the practitioner has completed an approved PLT course training under these Rules, a certificate that he or she has completed the 41 -- 45 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.06 course to the satisfaction of the accredited PLT provider; and (c) if the practitioner has completed a period of supervised workplace experience as a law clerk with an Australian legal practitioner, under the supervision of a person who is eligible to act as a supervisor for the purposes of these Rules, in compliance with a direction given by the Council, an affidavit by the Australian legal practitioner in the form set out in Schedule 13. Division 5—Consideration of applications 5.06 Recommendation of Board of Examiners (1) Before the Board of Examiners makes a recommendation with respect to an application under section 2.3.10(1)(b) of the Act, it must determine— (a) in the case of a local applicant, that the applicant has, subject to rule 2.01(3), the academic qualification referred to in rule 2.01(1) and has complied with the practical training requirement set out in rule 3.01; (b) in the case of a qualified overseas applicant or an overseas practitioner, that the applicant has complied with any direction given by the Council under rule 4.05. (2) If the Board of Examiners makes a recommendation with respect to an application under section 2.3.10(1)(b) of the Act, it must give the applicant a certificate in the form set out in Schedule 14. (3) The Board of Examiners, before providing a certificate under subrule (2), may require an applicant— 42 -- 46 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.07 (a) to provide any further evidence that the Board thinks fit in relation to any matter relevant to the Board's consideration under section 2.3.10(1)(a) of the Act; or (b) to appear in person before the Board. Division 6—Altering requirements of the Rules 5.07 Alteration of requirement by Board of Examiners (1) On the application of a person seeking admission, the Board of Examiners may, subject to any conditions it thinks fit— (a) enlarge or abridge the time required by any of these Rules for doing any act or taking any proceeding; and (b) subject to subrule (3)— (i) dispense with the performance or observance of any requirement in these Rules; or (ii) vary any requirement in these Rules— to the extent that the Board considers that such enlargement, abridgment, dispensation or variation does not materially diminish or, if the applicant complies with any conditions imposed by the Board under this rule, will not materially diminish, the value of the qualifications or training required by these Rules. (2) The Board of Examiners may not dispense with compliance with the provisions in these Rules relating to the period of supervised workplace training so as to abridge that period by more than 3 months. 43 -- 47 of 129 -- Part 5—Admission Procedure Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 5.07 (3) The Board of Examiners may only dispense with or vary the requirement that an applicant acquire and demonstrate appropriate understanding of, and competence in an element of— (a) an academic area of knowledge referred to in rule 2.01(1)(a); or (b) a skill, value or practice area referred to in rule 3.01(1)(b)— if in the circumstances resulting from a determination made by the Council under that rule, it would be unfair to the applicant not to do so. __________________ 44 -- 48 of 129 -- Part 6—General Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 6.01 PART 6—GENERAL 6.01 Council or Board may make inquiries The Council or the Board of Examiners may make any inquiries it thinks fit concerning any application under these Rules, including inquiries in relation to— (a) in the case of an application by an overseas practitioner or a qualified overseas applicant, the system of jurisprudence of the overseas jurisdiction in which the applicant has been admitted or in which the applicant obtained the qualification that forms the basis on which the applicant seeks the Council's directions; and (b) the nature and adequacy of the applicant's academic qualifications, practical legal training and experience in the practice of law; and (c) the fitness of the applicant to be admitted in Victoria. 6.02 Council or Board may act on advice of others (1) If it thinks fit, the Council or the Board of Examiners may act in respect of the matters referred to in rule 6.01— (a) on the written advice of the dean or head of department of Law at an approved academic institution; or (b) the report of a committee appointed by the Council. (2) In deciding whether any subject completed anywhere by any applicant under these Rules provides the applicant with an understanding of, and competence in, any area of knowledge or in a 45 -- 49 of 129 -- Part 6—General Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 6.03 topic which is part of an area of knowledge, the Council, a committee of the Council or the Board of Examiners may act (but are not obliged to act)— (a) on the advice of the dean or head of department of Law at an approved academic institution; or (b) in accordance with any relevant principles adopted by the LACC. (3) In deciding whether an applicant has acquired and demonstrated an appropriate understanding of and competence in each element of a skill, value or practice area through a course of practical legal training, or practical legal training provided during supervised workplace training under these Rules, the Council, the Board of Examiners, or a committee of either the Council or the Board may act (but is not obliged to act)— (a) in the case of practical legal training provided by an approved PLT provider, on a certificate of practical completion given by that provider; or (b) in the case of supervised workplace training under these Rules, on an affidavit in the form of Schedule 6 or Schedule 7. 6.03 Service of notices (1) A document required or permitted to be served or produced or delivered to the Council or the Board of Examiners by an applicant under these Rules must be served, produced or delivered to the office of the Chief Executive Officer of the Council and the Board of Examiners. (2) A document required or permitted to be served on or produced or delivered to the Board of Examiners by an applicant must be signed by the applicant and delivered in person, unless— 46 -- 50 of 129 -- Part 6—General Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 6.03 (a) it is inconsistent with the relevant rule to do so; or (b) the Board of Examiners does not require it. (3) A document required or permitted to be served on or produced or delivered to the Council by an applicant under these Rules may be served, produced or delivered— (a) in person; or (b) by registered post. __________________ 47 -- 51 of 129 -- Part 7—Transitional and Savings Provisions Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 7.01 PART 7—TRANSITIONAL AND SAVINGS PROVISIONS 7.01 Definition In this Part— former rules means the Legal Practice (Admission) Rules 1999. 7.02 Saving of determinations etc. under former rules (1) Any determination, direction, endorsement, certificate, specification, permission or approval made or issued by the Council or Board of Examiners under the former rules— (a) continues to have effect as if the former rules had not been revoked; and (b) in so far as that determination, direction, endorsement, certificate, specification, permission or approval could be made or issued by the Council or Board of Examiners under these Rules, has effect as if it had been made or issued by the Council or Board and may be revoked or varied by the Council or the Board, as the case requires. (2) Without limiting subrule (1), for the purpose of these Rules— (a) an approved institution within the meaning of the former rules is an approved academic institution; (b) a course recognised under rule 2.02 of the former rules is an approved course of study; (c) a subject endorsed under rule 2.03 of the former rules is an approved subject; (d) an accredited PLT provider within the meaning of the former rules is an approved PLT provider; 48 -- 52 of 129 -- Part 7—Transitional and Savings Provisions Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 r. 7.03 (e) a course of instruction endorsed under rule 3.03 of the former rules is an approved PLT course. 7.03 Compliance with former rules A person who, before the commencement of these Rules, has complied with any requirements imposed under the former rules and continues to comply with those requirements after that commencement may apply for admission and be considered by the Board of Examiners under section 2.3.10(1)(a) of the Act in accordance with the former rules. 7.04 Resolution of issues arising under former rules The Council or the Board of Examiners, on the application of a person or its own initiative, may make any determination or direction it considers necessary to resolve any issues arising as a result of the operation of these Rules and the expiry or revocation of the former rules. __________________ 49 -- 53 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 1 SCHEDULES SCHEDULE 1 Rule 1.04 RULES REVOKED S.R. No. Name 144/1999 Legal Practice (Admission Rules) 1999 20/2003 Legal Practice (Admission) (Amendment) Rules 2003 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 __________________ 50 -- 54 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 SCHEDULE 2 Rule 2.01 ACADEMIC AREAS OF KNOWLEDGE Although the topics below are grouped for convenience under the headings of particular areas of knowledge, there is no implication 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 51 -- 55 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 – 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 schemes. 52 -- 56 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 CONTRACTS 1 Formation, including capacity, formalities, privity and consideration 2 Content and construction of contract 3 Vitiating factors 4 Discharge 5 Remedies 6 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, and 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 (i.e. fragmentation) of proprietary 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 53 -- 57 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 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 of registration for both general law land and Torrens land should be included. A variety of other topics might be included, e.g. 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 54 -- 58 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 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 and 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 55 -- 59 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 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. 56 -- 60 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 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 major 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 or 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 57 -- 61 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 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 pleadings and judgment and 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 58 -- 62 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 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. ETHICS AND PROFESSIONAL RESPONSIBILITY Professional and personal conduct in respect of a practitioner's duty: (a) to the law; (b) to the Courts; (c) to clients, including a basic knowledge of the principles relating to the holding of money on trust; and (d) to fellow practitioners. OR 59 -- 63 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 2 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 relating to the holding of money on trust. __________________ 60 -- 64 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 SCHEDULE 3 Rule 3.01(1)(b)(i) PLT COMPETENCY STANDARDS COMPETENCY STANDARDS FOR ENTRY-LEVEL LAWYERS 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. At the point of admission, each applicant for admission to the legal profession is required to provide evidence, as specified in these Rules, that the applicant has achieved the requisite competence in each element of the following Skills, Practice Areas and Values: Compulsory Skills Practice Areas Compulsory Values Lawyer's Skills Problem Solving Work Management and Business Skills Trust and Office Accounting Compulsory Areas: Civil Litigation Practice Commercial and Corporate Practice Property Law Practice Optional Areas: One of: Administrative Law Practice Criminal Law Practice Family Law Practice And one of: Consumer Law Practice Employment and Industrial Relations Practice Planning and Environmental Law Practice Wills and Estates Practice Ethics and Professional Responsibility 61 -- 65 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 The relevant Competency Standards for each Skill, Practice Area and Value are set out below. Administrative Law Practice Descriptor: An entry level lawyer who practises in administrative law should be able to obtain information for clients under freedom of information legislation, seek review of administrative decisions, and represent parties before courts and administrative tribunals. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Obtaining information y identified whether freedom of information legislation applies to the situation. y identified the specific legislation under which the information may be obtained. y taken the steps required under that legislation. y taken any other practical steps required. 2 Obtaining review of administrative decisions y concluded correctly that the decision may be reviewed. y identified and discussed with the client alternative means of obtaining a review. y completed all preparation required by law, good practice and the circumstances of the matter. y represented the client effectively at any mediation, hearing or other review forum, where this is appropriate and permitted. 3 Representing a client y identified all alternative means of obtaining redress and discussed them with the client. y completed all preparation required by law, good practice and the circumstances of the matter. y represented the client effectively at any mediation, hearing or other forum. 62 -- 66 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 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 Descriptor: An entry level lawyer should be able to conduct civil litigation in first instance matters in one or more State or Territory courts of general jurisdiction, in a timely and cost-effective manner. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Assessing the merits of a case and identifying the dispute resolution alternatives y assessed the strengths and weaknesses of both the claimant's and opponent's cases. y identified the facts and evidence required to support the claimant's case. y identified all means of resolving the case, having regard to the client's circumstances. y identified and complied with the relevant limitation period. 2 Initiating and responding to claims y identified an appropriate claim or defence. y identified a court of appropriate jurisdiction. y identified the elements of the claim or defence, according to law. y followed procedures for bringing the claim or making the defence in accordance with the court's rules and in a timely manner. y drafted all necessary documents in accordance with those procedures. 63 -- 67 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 3 Taking and responding to interlocutory proceedings y identified any need for interlocutory steps, according to the court's rules. y followed procedures for taking those steps in accordance with the court's rules and in a timely manner. y drafted all necessary documents in accordance with those procedures and rules. 4 Gathering and presenting evidence y identified issues likely to arise at the hearing. y identified evidence needed to prove any facts in dispute, according to the rules of evidence. y gathered the necessary evidence. y presented that evidence according to law and the court's rules. 5 Negotiating settlements y conducted settlement negotiations in accordance with specified principles. y identified any revenue and statutory refund implications. y properly documented any settlement reached. 6 Taking action to enforce orders and settlement agreements y identified procedures for enforcing the order or settlement according to law and the court's rules. y followed those procedures in a timely manner. 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: y negotiation; y mediation; y arbitration; y litigation; y expert appraisal. Means by which evidence might be gathered include: y statements from witness; y notices to admit; 64 -- 68 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y discovery; y subpoena; y expert reports; y certified official records, banker's books etc. Means by which evidence might be presented include: y orally on oath; y affidavits; y video or telephone link. Means of enforcement include: y execution process including attachment of debts; y taxation or assessment of costs; y oral examination. Commercial and Corporate Practice Descriptor: An entry level lawyer should be able to conduct standard commercial transactions such as the sale or purchase of a small business. The lawyer should be able to set up standard business structures 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 standard commercial transactions. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Conducting commercial transactions y identified the nature of the transaction properly. y undertaken sufficient searches and inquiries to investigate any relevant issues of title to real or personal property. y drafted documents, had them executed, and (if necessary) certified, stamped and registered them, according to law and good practice. y obtained or given any necessary consents to, or notifications of, the transaction required by law. 65 -- 69 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 2 Setting up commercial structures y selected a structure that will achieve the client's objectives. y 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) certified, stamped and registered them, according to law and good practice. y informed the client of any continuing obligations in relation to the structure, and where the structure involves a corporation, the continuing obligations of the company and its officers. 3 Dealing with loans and securities y identified the various appropriate types of financial arrangements and securities available to the borrower and lender. y informed the borrower and lender of their immediate, continuing, and potential liabilities under any proposed financing and security arrangements. y drafted loan or security documents which reflect the agreement between lender and borrower. y had the loan or security documents executed and (if necessary) stamped and registered them according to law. 4 Advising on revenue law and practice y identified the possible general revenue implications of the client's proposed commercial venture or arrangement. y referred the client to experts for more comprehensive or detailed advice, where appropriate. Explanatory Note This competency standard applies to commercial and corporate practice. It includes: y some common commercial transactions, such as the sale or purchase of a small business; y setting up standard business structures and entities, including companies; y advising on the legal obligations of corporations and their officers; 66 -- 70 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y advising on due diligence investigations; y identifying in a general way the possible revenue implications of standard commercial dealings and structures; y drafting standard loan agreements and securities. Business structures include: y trusts; y private companies; y partnerships; y joint ventures; y franchise arrangements. Securities include: y bills of sale; y chattel leases; y loans agreements; y guarantees, including guarantees from spouses. Revenue implications include: y stamp duties; y income tax; y capital gains tax; y GST; y fringe benefits tax; y land and property taxes. Consumer Law Practice Descriptor: An entry level lawyer who practises in consumer law should be able to advise clients on the procedures and remedies available in relation to consumer complaints and to represent the client in any related negotiations or proceedings. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Obtaining information y identified the situation as one to which consumer protection legislation applies. 67 -- 71 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y identified the relevant legislation and any applicable case law. y identified any possible common law remedies. 2 Drafting documents y drafted any documents required, in accordance with the client's instructions and the relevant legislation. 3 Initiating and responding to claims y identified the appropriate forum for initiating or responding to a claim. y initiated a claim or taken action to oppose a claim in accordance with the rules and procedures of the relevant court or tribunal, in a timely manner. y obtained all necessary evidence and drafted all necessary documents in accordance with those rules. 4 Representing the client y identified all possible means of resolving the dispute to the satisfaction of the client and discussed them with the client. y completed all necessary preparation in accordance with the law, good practice and the circumstances of the matter. y represented the client effectively at any negotiation, mediation, hearing or other forum. 5 Taking action to implement outcomes y documented any order or settlement properly and explained it to the client in a way which the client can easily understand. y identified any procedures necessary to enforce the order or settlement and carried them out in a timely manner. 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: y trade practices; y misleading and deceptive conduct; y motor car traders; y domestic building contracts; 68 -- 72 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y consumer credit; y residential tenancies. A consumer protection dispute includes disputes relating to: y trade practices; y misleading and deceptive conduct; y motor car traders; y domestic building contracts; y consumer credit; y guarantees; y residential tenancies. A court or tribunal includes: y Federal courts; y State courts; y statutory tribunals; y industry complaint panels; y industry ombudsmen. Criminal Law Practice Descriptor: An entry level lawyer who practises in criminal law should be able to advise clients before arrest, seek bail, make pleas, participate in minor contested hearings and assist in preparing cases for trial. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Providing advice y identified the client's legal rights and legal powers of the police or other prosecutors or investigators in the situation. y informed the client of those rights and powers in a way which the client can easily understand. y identified the legal elements of any offence with which the client is charged. y where possible, confirmed in writing any instructions given by the client in response to initial advice. 69 -- 73 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y implemented the client's instructions when it is appropriate in the circumstances to do so. 2 Applying for bail y identified the client's options and communicated them to the client in a way the client can easily understand. y helped the client to make an informed decision about which option to select. y made an application for bail or taken other action effectively in the circumstances. y fully advised the client of any bail conditions. 3 Making pleas y identified the client's options and communicated them to the client in a way the client can easily understand. y identified and gathered all material useful to the plea according to law and good practice. y presented the plea in an effective and persuasive manner, having regard to the circumstances of the case. y advised the client fully of the outcome in a way the client can easily understand. 4 Representing a client in minor matters y completed all preparation required by law, good practice and the circumstances of the case. y represented the client effectively at a contested hearing. 5 Assisting to prepare cases for trial y identified and gathered the evidence needed to support the client's case. y identified and briefed appropriate experts (including counsel) having regard to good practice and the requirements of the case. Explanatory Note This competency standard applies to criminal law practice. It includes: y advising clients before and after arrest; y making a simple bail application on behalf of an accused person; y making a plea in mitigation of penalty in a simple matter; 70 -- 74 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y some aspect of preparing a matter for hearing, such as briefing counsel; y participating in a minor contested hearing. Criminal matters include: y traffic offences; y domestic violence and apprehended violence orders; y drink driving; y drug offences. Employment and Industrial Relations Practice Descriptor: An entry level lawyer who practises in the area of employment and industrial relations should be able to advise clients on the relevant law and procedures, represent clients in negotiations and initiate and respond to applications in relevant State and Federal courts and tribunals. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Assessing the merits of the dispute and identify the dispute resolution alternatives y identified the relevant facts. y assessed the strengths and weaknesses of the dispute according to the relevant law. y identified all means of resolving the dispute, having regard to the client's circumstances. 2 Advising client on procedures y advised the client of means to avoid a dispute, where appropriate. y advised the client of available steps to strengthen the client's position. 3 Commencing negotiations y explored all opportunities for a negotiated settlement, subject to the client's instructions. y represented the client effectively at any negotiations. 71 -- 75 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 4 Initiating and responding to proceedings y identified the appropriate jurisdiction. y initiated or opposed a claim in accordance with the rules of the relevant court or tribunal, in a timely manner. y obtained all necessary evidence and drafted all necessary documents in accordance with those rules. 5 Representing the client y completed all preparation required by law, good practice and the circumstances. y represented the client effectively at any mediation, hearing or other forum. 6 Taking action to implement outcomes y properly documented any order or settlement and explained it to the client in a way which the client can understand. y identified and carried out any procedures required to enforce the order or settlement. 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: y award negotiations; y an industrial dispute relating to an individual employee or to a workplace or industry; y an equal employment opportunity or anti-discrimination claim; y a claim for unfair dismissal. The means by which a dispute might be resolved include, but are not limited to: y negotiation; y mediation; y conciliation; y arbitration; y litigation. 72 -- 76 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 Steps available to a client to avoid a dispute or to strengthen the client's position include: y altering internal employment practices and procedures; y revising employment contracts; y entering or revising enterprise bargaining agreements; y altering individual employment contracts; y taking disciplinary proceedings; y allowing industrial representation. Ethics and Professional Responsibility Descriptor: An entry level lawyer should act ethically and demonstrate professional responsibility and professional courtesy in all dealings with clients, the courts, the community and other lawyers. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Acting ethically y identified any relevant ethical dimension of a particular situation. y taken action which complies with professional ethical standards in that situation. 2 Discharging the legal duties and obligations of legal practitioners y identified any duty or obligation imposed on the lawyer by law in a particular situation. y discharged that duty or obligation according to law and good practice. 3 Complying with professional conduct rules y identified any applicable rules of professional conduct. y taken action which complies with those rules. 4 Complying with fiduciary duties y recognised and complied with any fiduciary duty, according to law and good practice. 73 -- 77 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 5 Avoiding conflicts of interest y identified any potential or actual conflict, as soon as is reasonable in the circumstances. y taken effective action to avoid a potential conflict or, where a conflict has already arisen, dealt with it in accordance with law and good practice. y taken appropriate action, where applicable, to prevent such a conflict arising in the future. 6 Acting courteously y demonstrated professional courtesy in all dealings with others. 7 Complying with rules relating to the charging of fees y identified any rules applying to charging professional fees. y complied with those rules, where they are relevant. y maintained records and accounts in accordance with law and good practice. 8 Reflecting on wider issues y reflected on that lawyer's professional performance in particular situations. y brought to the attention of an employer or professional association any matters that require consideration or clarification. y recognised the importance of pro bono contributions to legal practice. y demonstrated an awareness that mismanagement of living and work practices can impair the lawyer's skills, productivity, health and family life. Explanatory Note This competency standard applies to: y ethics; y statutes and general law relating to the duties and obligations of legal practitioners; y written and unwritten rules of professional conduct; y written and unwritten rules of professional courtesy. 74 -- 78 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 The duties and obligations imposed by law on legal practitioners include duties: y of confidentiality; y to maintain competence; y to act honestly; y not to mislead the court; y not to pervert the course of justice or the due administration of justice. Conflicts of interest commonly arise between: y joint venture partners; y directors and shareholders of a company; y trustees and beneficiaries in a family trust; y parties to any transaction where their interests potentially differ. Family Law Practice Descriptor: An entry level lawyer who practises in family law should be able to apply for dissolution of marriage, and advise and take action in relation to parenting matters property settlements, spouse maintenance and child support problems. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Applying for dissolution of marriage y obtained instructions reflecting the client's informed wishes. y prepared an application complying with the relevant court rules. y filed and served the application in accordance with those rules. y proved service in accordance with those rules. y presented the client's application to the court effectively. 75 -- 79 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 2 Acting in relation to ancillary matters y informed the client of all options, having regard to the circumstances of the case, in a way which the client can easily understand. y fully prepared the client's case having regard to the client's circumstances, the dispute resolution process the client has decided to pursue and good practice. y pursued the case in accordance with good practice for the chosen dispute resolution process. y identified and explained to the client the revenue implications of any proposed settlement. y documented and acted upon any results of the chosen dispute resolution process, as required by law and good practice. 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: y applying for dissolution of marriage; and y managing a parenting or property matter in a family court up to the first directions hearing. Ancillary matters include: y parenting matters; y property settlements; y spouse maintenance; y child support; y domestic violence orders; y injunctions and sole use orders; y de facto proceedings. Acting includes: y participating in primary dispute resolution processes; y informal negotiation; y initiating or responding to court proceedings for urgent, interim or final relief. 76 -- 80 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 Lawyer's Skills Descriptor: An entry level lawyer should be able to demonstrate oral communication skills, legal interviewing skills, advocacy skills, negotiation and dispute resolution skills, and letter writing and legal drafting skills. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Communicating effectively y 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. y presented thoughts, advice, and submissions in a logical, clear, succinct and persuasive manner, having regard to the circumstances and the person or forum to whom the communication is made. y identified and appropriately dealt with verbal, non-verbal and cross-cultural aspects of the proposed communication. y taken any follow-up action in accordance with good practice. 2 Interviewing clients y prepared for the interview properly, having regard to relevant information available before the interview and the circumstances. y conducted the interview using communication techniques appropriate to both the client and the context. y ensured that the client and lawyer have both obtained all the information which they wanted from the interview in a timely, effective and efficient way, having regard to the circumstances. y 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. y made a record of the interview that satisfies the requirements of law and good practice. y taken any follow-up action in a timely manner. 77 -- 81 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 3 Writing letters y identified the need for, and purpose of, the letter. y written the letter in simple, straightforward English which conveys its purpose clearly and can be easily understood by the person to whom it is sent. 4 Drafting other documents y identified the need for, and purpose, of the document. y 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. y drafted the document effectively having regard to the parties, the circumstances, good practice, principles of writing simple, straightforward English, and the relevant law. y considered whether the document should be settled by counsel. y 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, delivery and registration). 5 Negotiating settlements and agreements y prepared the client's case properly having regard to the circumstances and good practice. y identified the strategy and tactics to be used in negotiations and discussed them with and obtained approval from the client. y carried out the negotiations effectively having regard to the strategy and tactics adopted, the circumstances of the case and good practice. y documented any resolution as required by law or good practice and explained it to the client in a way the client can easily understand. 6 Facilitating early resolution of disputes y identified the advantages and disadvantages of available dispute resolution options and explained them to the client. y performed in the lawyer's role in the dispute resolution process effectively, having regard to the circumstances. 78 -- 82 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y documented any resolution as required by law or good practice and explained it to the client in a way the client can easily understand. 7 Representing a client in court y observed the etiquette and procedures of the forum. y organised and presented in an effective, strategic way: – factual material; – analysis of relevant legal issues; and – relevant decided cases. y presented and tested evidence in accordance with the law and good practice. y made submissions effectively and coherently in accordance with law and good practice. 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: y an aspect of preliminary or pre-trial civil or criminal proceedings; y an aspect of first instance trial advocacy in a simple matter; y leading evidence-in-chief and making submissions. Representation includes cross-examination and re-examination. Dispute resolution options include: y negotiation; y mediation; y arbitration; y litigation; y expert appraisal. 79 -- 83 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 Planning and Environmental Law Practice Descriptor: An entry level lawyer who practises in planning and environmental law should be able to advise clients on the relevant law, 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 forums. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Assessing the merits of the matter and advising the client y obtained full instructions from the client. y analysed the facts in accordance with the relevant law. y obtained and clarified any relevant technical information. y advised the client of any rights and obligations of the client and potential penalties if obligations are not observed. y identified all options and developed a plan of action in accordance with the client's instructions. y examined the commercial, political and public relations implications of any proposed action and explained them to the client. 2 Preparing applications y identified and analysed the relevant provisions of the relevant planning scheme. y prepared an application for development approval and submitted it to the relevant authority. y obtained any necessary plans. y identified potential grounds of objection. 80 -- 84 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 3 Initiating and responding to claims y identified the appropriate forum for initiating or responding to a claim. y initiated or opposed a claim in accordance with the rules of the relevant court or tribunal, in a timely manner. y obtained all necessary evidence and drafted all necessary documents in accordance with those rules. 4 Representing the client y identified all available means of resolving the matter to the satisfaction of the client and discussed them with the client. y completed all preparation required by law, good practice and the circumstances. y represented the client effectively in any negotiation, mediation, hearing or other forum. 5 Implementing outcomes y properly documented any order or settlement and explained it to the client in a way which the client can easily understand. y identified and carried out any procedures to enforce the order or settlement in a timely manner. 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: y an application for or exemption from a permit, licence, approval or other authority; y an objection to or appeal or application for review in relation to such an application; y a prosecution for breach of relevant legislation; y civil action relating to either or both of planning and environmental issues. 81 -- 85 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 Reference to a court or tribunal includes a body exercising statutory powers. Preparation for providing representation in a court or tribunal may include: y drafting written submissions; y briefing counsel. Problem Solving Descriptor: An entry level lawyer should be able to investigate and analyse facts and law, provide legal advice and solve legal problems. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Analysing facts and identifying issues y identified and collected all relevant facts as far as is practicable. y analysed the facts to identify any existing or potential legal issues. y distinguished facts that might be used to prove a claim from other facts, if the matter so requires. 2 Analysing law y identified any questions of law raised by the matter. y researched those questions of law properly, having regard to the circumstances. y identified and interpreted any relevant statutory provisions and applied them appropriately to the facts. 3 Providing legal advice y applied the law to the facts of the matter in an appropriate and defensible way. y given the client advice in a way which the client can easily understand. y kept up with any developments that might affect the accuracy of previous advice and told the client about the effect of those developments. 82 -- 86 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 4 Generating solutions and strategies y identified the problem and the client's goals as fully as is practicable. y investigated the facts and legal issues as fully as is practicable. y developed creative options and strategies to meet the client's objectives. y identified the advantages and disadvantages of pursuing each option or strategy. y assisted the client to choose between those options in a way consistent with good practice. y developed a plan to implement the client's preferred option. y acted to resolve the problem in accordance with the client's instructions and the lawyer's plan of action. y remained open to new information and ideas and updated advice to the client where necessary. Explanatory Note This competency standard applies to: y analysing facts; y analysing legal and practical issues; y analysing law; y interpreting statutes; y giving advice; y solving problems in the context of legal practice. Analysing law includes researching legal issues using; y law libraries; y online searches; y electronic data bases; y legal citators and digests. Analysing law also includes applying principles of precedent and statutory interpretation. 83 -- 87 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 Property Law Practice Descriptor: An entry level lawyer should be able to convey, lease and mortgage real property. The lawyer should also be able to provide general advice in standard matters arising under local government, planning, environmental or other legislation regulating land use in that State or Territory. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Transferring title y identified the nature of the interest being dealt with properly, having regard to the applicable title system. y prepared an appropriate contract of sale or other type of agreement and had it executed according to law and good practice. y undertaken sufficient searches and inquiries to investigate title, any issues about land use and responsibility for outgoings. y drafted an appropriate instrument of transfer or conveyance and had it executed and (if necessary) stamped and registered, according to law. y obtained or given any consents to, or notifications of, the transfer or conveyance according to law. 2 Creating leases y made and obtained all searches and consents required by law and good practice. y drafted a lease in a form allowed by law, reflecting the agreement between lessor and lessee and protecting their respective interests. y arranged for the lease to be executed and (if necessary) stamped and registered, according to law. 3 Creating and releasing securities y made and obtained all searches and consents required by law and good practice. y drafted an effective instrument to create or release the security, reflecting the agreement between the grantor and grantee and protecting their respective interests. 84 -- 88 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y arranged for the instrument to be executed and (if necessary) stamped and registered, as required by law. 4 Advising on land use y identified any legislative scheme regulating the relevant use. y advised the client generally about processes to be followed to obtain permission for, or to object to the use, as the case requires. 5 Advising on revenue implications y identified the revenue implications of any transaction and advised the client accordingly. Explanatory Note This competency standard applies to dealings with interests in real and leasehold property, land use and securities. It must include: y contracts for sale of land including special conditions; y transferring title (or equivalent interest under the scheme of land title that exists in the particular State or Territory); y creating standard commercial leases; y creating standard residential tenancies or leases; y creating and releasing of mortgages; y some aspects 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 : y town planning schemes; y local government by-laws; y environment and heritage legislation; y revenue and tax legislation. This competency standard is limited to: y any one system of land title operating in a State or Territory; y transactions which an entry level lawyer would be expected to perform. 85 -- 89 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 Trust and Office Accounting Descriptor: An entry level lawyer should have sufficient knowledge, skills and values to maintain trust and general account records according to law and good practice, to the extent usually permitted and expected of an employed solicitor. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Receiving money y dealt with money received from or on behalf of a client, as required by law and good practice. y where the law and good practice requires money to be deposited in a trust account or general account, recorded the deposit as required by law and good practice. y issued any receipt required by law and good practice. 2 Making outlays y made any outlay from the correct account, according to law and good practice. y recorded the outlay as required by law and good practice. 3 Rendering costs y calculated the costs in accordance with law, good practice and any agreement between the lawyer and client. y added to the bill all outlays made by the firm for which the client is responsible. y accounted to the client for any money received from the client on account of costs and outlays, as required by law and good practice. y drafted the bill and delivered it in accordance with law and good practice. 4 Maintaining trust account y maintained any trust account in accordance with specific statutory requirements, including any requirements relating to common fund deposits and auditing. 86 -- 90 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 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 practice and auditing requirements in the lawyer's jurisdiction. Wills and Estates Practice Descriptor: An entry level lawyer who practises in wills and estates should be able to draft wills, administer deceased estates and take action to solve problems about wills and estates. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Drafting wills y advised the client of issues, options, and potential problems that might arise in respect of the client's testamentary intentions. y obtained instructions reflecting the client's informed and independent wishes, which can be effectively implemented. y drafted a will reflecting the client's instructions. y identified any issues of testamentary capacity and resolved them in accordance with law and good practice. y ensured that the client executed the will in accordance with law. y given any necessary follow up advice to the client. 2 Administering deceased estates y obtained a grant of probate or letters of administration where required. y identified the debts and assets of the estate. y gathered in the estate or transferred or transmitted assets directly to beneficiaries, as appropriate, having regard to the law, good practice, and the circumstances. y discharged the estate's debts, distributed specific gifts and the residue and ensured that the executors have been released of their obligations in a timely fashion. 87 -- 91 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 3 Taking action to resolve wills and estates problems y identified the nature of the problem properly, having regard to the law of the jurisdiction. y identified the client's options for dealing with the problem, having regard to the law of the particular jurisdiction and the client's circumstances. y explained the options to the client in a way the client can easily understand. y taken action to resolve the problem in accordance with the client's instructions Explanatory Note This competency standard applies to wills and deceased estate practice. It must include: y drawing standard wills; y obtaining an uncontested grant of letters of administration on an intestacy or probate where a will exists; y administering a standard deceased estate; y helping solve at least one common type of will or estate problem. Wills and estates problems include: y testamentary capacity; y construction; y validity of the will; y validity of gifts; y assets outside the jurisdiction; y revenue issues; y family provision; y mutual wills; y trusts; y informal wills; y testamentary directions. 88 -- 92 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 Follow-up advice required may include: y the effects of marriage on a will; y the effects of divorce on a will; y storage options; y revocation; y modification; y availability of associated documents such as enduring powers of attorney. Work Management and Business Skills Descriptor: An entry level lawyer should be able to manage workload, work habits, and work practices in a way that ensures that clients' matters are dealt with in a timely and cost-effective manner. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Element Performance criteria The lawyer has competently: 1 Managing personal time y used a diary or other system to record time limits or deadlines and to assist in planning work. y identified conflicting priorities as they arise and managed the conflict effectively. y used available time effectively, to the benefit of the lawyer's clients and employer. 2 Managing risk y conducted each matter in a way that minimises any risk to the client, lawyer or firm arising from missed deadlines, negligence or failure to comply with the requirements of the law, a court or other body. y recognised the limits of the lawyer's expertise and experience and referred the client or matter to other lawyers, counsel or other professionals, as the circumstances require. 3 Managing files y 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 attention. 89 -- 93 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 3 y 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. y accurately recorded all communications and attendances, with details of dates and times. 4 Keeping client informed y communicated with the client during the course of the matter as frequently as circumstances and good practice require. y confirmed oral communications in writing when requested by the client or required by good practice. y dealt with the client's requests for information promptly. y informed the client fully of all important developments in the matter, in a way which the client can easily understand. 5 Working cooperatively y worked with support staff, colleagues, consultants and counsel in a professional and cost-effective manner. Explanatory Note This competency standard applies to the exercise of good work habits in a legal practice to ensure that: y clients do not suffer loss or damage from a lawyer missing deadlines or neglecting matters; y clients are kept informed regularly and fully of the progress of their matters; y clients' matters are dealt with in a cost-effective manner. __________________ 90 -- 94 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 4 SCHEDULE 4 Rule 3.13(1)(b) EMPLOYERS—AFFIDAVIT VERIFYING SUPERVISED WORKPLACE TRAINING In the Supreme Court of Victoria In the matter of a trainee I, [name of person executing trainee's training plan] of [address], make oath and say as follows: 1 [Name of trainee] of [address of trainee] (trainee)— (a) has been undertaking; and (b) proposes to continue to undertake— supervised workplace training at [name of legal practice or employer's business] under the attached training plan executed on [date of training plan] from that date for a period of [state the period]. 2 To the best of my knowledge, information and belief, the trainee has completed the requirements for academic qualifications approved by the Council of Legal Education for the purpose of the Legal Profession (Admission) Rules 2008. 3 At the time of executing the training plan, each person nominated as a supervisor in the training plan was, and since that time has remained, eligible to supervise a trainee under the Legal Profession (Admission) Rules 2008. 4 At the time of executing the training plan, [name of legal practice or employer's business] complied with, and since that time has complied with, the restriction under the Legal Profession (Admission) Rules 2008 in respect of the number of trainees who may simultaneously undertake supervised workplace training. Sworn, &c. __________________ 91 -- 95 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 5 SCHEDULE 5 Rules 5.01(1)(a), 5.03(1)(a), 5.05(1)(f) ALL APPLICANTS FOR ADMISSION—NOTICE OF INTENTION TO APPLY FOR ADMISSION In the Supreme Court of Victoria To the Board of Examiners 1 I [name in full, address and designation] give notice that I intend to apply on [date] to be admitted to the legal profession. 2 I am— *a local applicant applying under Division 1 of Part 4 of the Legal Profession (Admission) Rules 2008. *a qualified overseas applicant applying under Division 2 of Part 4 of the Legal Profession (Admission) Rules 2008. *an overseas practitioner applying under Division 4 of Part 4 of the Legal Profession (Admission) Rules 2008. 3 For the purposes of my admission to the legal profession I will— *swear the required oaths *make the required affirmations. 4 My date of birth is [date]. 5 My telephone number during business hours is [telephone number]. (*Strike out whichever does not apply) [Date] State clearly: Mr/Mrs/Miss/Ms (Signature of Applicant) __________________ 92 -- 96 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 6 SCHEDULE 6 Rules 5.02(1)(a)(i), 5.03(2)(a)(i) EMPLOYERS—AFFIDAVIT OF COMPLETION OF SUPERVISED WORKPLACE TRAINING In the Supreme Court of Victoria In the matter of [name of applicant], an applicant for admission I, [name in full] of [address], make oath and say: 1 Under a training plan executed on [date of training plan], [name of trainee] (applicant) has undertaken supervised workplace training from that date to [date of completion] inclusive. 2 To the best of my knowledge, information and belief, the applicant has acquired and demonstrated an appropriate understanding of and competence in the following skills, values and practice areas referred to in Schedule 3 of the Legal Profession (Admission) Rules 2008: Ethics and Professional Responsibility, Lawyer's Skills, Problem Solving, Work Management and Business Skills, Trust and Office Accounting, Civil Litigation Practice, Commercial and Corporate Practice, Property Law Practice and [insert the names of the optional practice areas in which the applicant has received training under the applicant's training plan]. 3 To the best of my knowledge, information and belief, the applicant did not at any time during the supervised workplace training engage in any work (paid or unpaid) in any trade, business, occupation or employment other than as a trainee undertaking supervised workplace training except [give particulars of any other employment]. 4 The supervised workplace training of the applicant took place in accordance with the training plan [if there were departures from the training plan, add] except in the following ways— [give particulars of any departure from the training plan including any alteration to the eligible supervisors or place of training nominated in the training plan, which occurred during the period of supervised workplace training] 93 -- 97 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 6 If applicable, add: 5 With my consent, for the purpose of gaining additional experience, the applicant was employed temporarily by [name of other Australian legal practitioner] an Australian legal practitioner (the practitioner) from [date of commencement of employment] to [date of termination of employment]. The practitioner has informed me that the practitioner continued throughout that period— (a) to be on the roll of lawyers kept in [name of State/Territory]; and (b) to be eligible to employ and supervise a trainee under the Legal Profession (Admission) Rules 2008; and (c) to engage in legal practice in Victoria. During that period, the applicant was absent (or not absent): [if absent, set out particulars required in other clauses of affidavit]. 6 The applicant was absent from employment on account of illness on the following occasions: [specify occasions]. 7 During the period of supervised workplace training the employer's office was open for business on every day except Saturdays, Sundays and public holidays, and the following occasions: [specify occasions]. 8 In addition to Saturdays, Sundays and public holidays and the occasions mentioned above, the applicant has been absent with prior consent, on the following occasions: [specify occasions]. 9 Except as set out, the applicant was not absent from the employer's office and employment during the period of supervised workplace training. 10 I consider the applicant to be a fit and proper person to be admitted to the legal profession in Victoria. Sworn, &c. [Note: If some or all of the supervised workplace training occurred elsewhere than in Victoria this form should be altered accordingly.] __________________ 94 -- 98 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 7 SCHEDULE 7 Rules 5.02(1)(a)(iii), 5.03(2)(a)(iii) SUPERVISORS—AFFIDAVIT OF COMPLIANCE WITH TRAINING PLAN In the Supreme Court of Victoria In the matter of [name of applicant], an applicant for admission I, [name in full] of [address], make oath and say: 1 Under a training plan executed on [date of training plan], I was appointed to supervise [name of trainee] (applicant) while undertaking supervised workplace experience. 2 I carried out the functions of a supervisor of the applicant, in accordance with the training plan [if there were departures from the training plan during the supervisor's period of supervision, add] except in the following ways— [give particulars of any departure from the training plan] 3 The applicant completed the period of supervised workplace training under my supervision to my satisfaction [if there were any matters where the supervisor was not satisfied, add] except in the following ways— [give particulars] 4 Throughout the period when the applicant undertook supervised workplace training under my supervision, I continued to be eligible to act as a supervisor under the Legal Profession (Admission) Rules 2008. 5 To the best of my knowledge, information and belief, the applicant has acquired and demonstrated an appropriate understanding of and competence in the following skills, values and practice areas referred to in Schedule 3 of the Legal Profession (Admission) Rules 2008: Ethics and Professional Responsibility, Lawyer's Skills, Problem Solving, Work Management and Business Skills, Trust and Office Accounting, Civil Litigation Practice, Commercial and Corporate Practice, Property Law Practice and [insert the names of the optional practice areas in which the applicant has received training under the applicant's training plan]. 95 -- 99 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 7 6 I consider the applicant to be a fit and proper person to be admitted to the legal profession in Victoria. Sworn, &c. __________________ 96 -- 100 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 8 SCHEDULE 8 Rules 5.02(1)(c), 5.03(2)(c) LOCAL APPLICANTS OR QUALIFIED OVERSEAS APPLICANTS—AFFIDAVIT IN SUPPORT OF APPLICATION FOR ADMISSION In the Supreme Court of Victoria In the matter of [name of applicant], an applicant for admission I, [name in full] of [address] in the State of Victoria make oath and say: 1 I am aged [number] years, having been born at [place of birth] on [date of birth]. 2 Produced to me at the time of swearing this affidavit and marked ("A", "B", &c.) are the documents required to prove my qualifications and fitness to be admitted. 3 I have read the affidavit of [name of person executing affidavit in the form of Schedule 6] sworn on [date] as to my period of supervised workplace training. 4 I have read the affidavit[s] of [name of each person executing an affidavit in the form of Schedule 7] sworn on [insert date(s)] [if more than one, add] respectively. 5 I am the person named in the documents and affidavits referred to in clauses 2, 3 and 4 and the statements in those documents and affidavits so far as they relate to me are true and correct. 6 I have caused to be posted in the Supreme Court on [date] a notice of my intention to apply for admission as required by the Legal Profession (Admission) Rules 2008. 7 I have fully complied with the Legal Profession (Admission) Rules 2008. 8 I have made full disclosure in writing to the Board of Examiners of every matter which a reasonable applicant would consider that the Board of Examiners might regard as not being favourable to me when considering my eligibility for admission to the legal profession and any suitability matter set out in section 1.2.6 of the Legal Profession Act 2004, including whether or not I am a fit and proper person to be admitted, this disclosure (if any) including, but not being confined to, any formal charge of a criminal offence [if otherwise, state particulars]. 97 -- 101 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 8 9 I completed the final 2 years of my secondary schooling in a country where English is the native or first language, while living in that country. [If this statement is incorrect include other information on the applicant's knowledge of English]. 10 [Include any other information relevant to the consideration of the application by the Board of Examiners]. Sworn, &c. [Note: If an applicant has received a certificate that the applicant has completed a course of practical legal training in accordance with the Legal Profession (Admission) Rules 2008, clauses 3 and 4 will not be required and the words "and affidavits" will not be required in clause 5.] __________________ 98 -- 102 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 9 SCHEDULE 9 Rules 5.02(1)(c)(vi), 5.03(2)(c)(viii), 5.05(1)(b) AFFIDAVIT AS TO CHARACTER In the Supreme Court of Victoria In the matter of [name of applicant], an applicant for admission I, [name in full] of [address] make oath and say that: 1 My occupation is [occupation of deponent]. 2 I have known [name of applicant] of [address of applicant] (applicant) for [number] years. 3 The circumstances in which I have known the applicant throughout that time are [details of the nature of acquaintance of deponent with applicant]. 4 I believe the applicant is of good reputation and character. Sworn, &c. __________________ 99 -- 103 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 10 SCHEDULE 10 Rule 5.05(1)(a) STATEMENT OF OVERSEAS PRACTITIONER APPLYING FOR ADMISSION In the Supreme Court of Victoria To the Board of Examiners 1 My full name is [full name of practitioner]. 2 My address is [address]. 3 I intend to apply for admission to the legal profession on [date]. 4 I am aged [number] years, having been born at [place of birth] on [date of birth]. 5 On [date] I was admitted to practise in [jurisdiction]. 6 *I am still practising as [a legal practitioner or as the case may be] [give particulars]. *I ceased to practise as [a legal practitioner or as the case may be] on [date]. 7 Apart from an application in respect of my admission to practise as mentioned in clause 5, I have made the following other applications for admission to practise with the following results: [State dates and places of other applications, results and reasons for any refusals. If no other applications have been made, omit this clause]. 8 I disclose the following matters which a reasonable applicant would consider that the Board of Examiners might regard as not being favourable to me when considering whether I am eligible for admission, or any suitability matter set out in section 1.2.6 of the Legal Profession Act 2004, including whether I am a fit and proper person to be admitted. [Set out any such matters. If there are no such matters, omit this clause.] (*Strike out whichever does not apply) [Date] [Signature of Applicant] __________________ 100 -- 104 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 11 SCHEDULE 11 Rule 5.04(3)(a) MUTUAL RECOGNITION APPLICANTS—CERTIFICATE OF BOARD OF EXAMINERS In the Supreme Court I, [name] Chief Executive of the Board of Examiners, certify— (a) that the notice under the Mutual Recognition Act 1992 (Cth)/Trans- Tasman Mutual Recognition Act 1997 (Cth) was lodged with me on [date] by [name of applicant]; and (b) that [name of applicant] has complied with the provisions of Division 3 of Part 4 of the Legal Profession(Admission) Rules 2008 and the provisions of— *the Mutual Recognition Act 1992 (Cth) (as adopted under section 4 of the Mutual Recognition (Victoria) Act 1998); *the Trans-Tasman Mutual Recognition Act 1997 (Cth) (as adopted under section 4 of the Trans-Tasman Mutual Recognition (Victoria) Act 1998); and (c) that the applicant appears to be entitled to be admitted to the legal profession. [Court Stamp] [Signed] [Date] __________________ 101 -- 105 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 12 SCHEDULE 12 Rule 5.05(2)(a) OVERSEAS PRACTITIONER APPLICANTS—AFFIDAVIT AS TO QUALIFICATIONS FOR ADMISSION In the Supreme Court of Victoria In the matter of I, [name in full] of [address] in the State of Victoria make oath and say: 1 I was born at [place of birth] on [date of birth] and was on [date] admitted in [jurisdiction] as a legal practitioner. 2 I have not done anything which could cause my name to be struck off the roll of [name roll of legal practitioners in jurisdiction in which legal practitioner admitted]. 3 To the best of my knowledge, information and belief my name still remains on the roll of [name roll of legal practitioners in jurisdiction in which legal practitioner admitted]. 4 Produced to me at the time of swearing this affidavit and marked ("A", "B", &c.) *is a true copy/are true copies of my original admission certificate and (if applicable) my practising certificate which *is/are now valid and in my possession (or as the case may be). 5 I am the person named in the *document/documents referred to in clause 4. 6 I served on the Board of Examiners and posted in the Supreme Court on [date] the notice of intention to apply for admission as required by the Legal Profession (Admission) Rules 2008 and have in all respects complied with the Rules. 7 The application preceding my admission referred to in clause 1 *is/is not the only application that I have at any time made for admission to practise in any place outside Victoria. 8 The details and results of applications made by me for admission to practise outside Victoria (other than the application preceding my admission (or enrolment) referred to in clause 1) are as follows: [If clause 7 states that other applications have been made, state dates and places of the other applications, results and reasons for any refusals. If clause 7 states that no other applications have been made, omit this clause.] 102 -- 106 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 12 9 I have made full disclosure in writing to the Board of Examiners of every matter which is relevant to consideration of any suitability matter set out in section 1.2.6 of the Legal Profession Act 2004, including my fitness for admission to the legal profession, this disclosure (if any) including but not being limited to any formal charges of criminal offences [if otherwise, state particulars]. (*Strike out whichever does not apply) Sworn, &c. __________________ 103 -- 107 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 13 SCHEDULE 13 Rule 5.05(2)(c) OVERSEAS PRACTITIONER APPLICANTS—AFFIDAVIT OF EMPLOYMENT AS A LAW CLERK In the Supreme Court of Victoria In the matter of [name of applicant], an applicant for admission I, [name in full] of [address], make oath and say as follows: 1 [Name in full of law clerk] (applicant) began employment (the employment) as a law clerk undertaking supervised workplace training at [full name and address of legal practice] on [date] and continued in that employment until [date]. 2 The applicant has informed me that the employment was undertaken by the applicant under a direction from the Council of Legal Education dated [date] made under the Legal Profession (Admission) Rules 2008. 3 During the period of the employment the applicant was absent from office only on the following occasions— (a) [number] days sick leave [dates]; (b) [number] days recreation leave [dates]; (c) [number] days (other than Saturdays, Sundays and public holidays on which the office was closed) [dates]; (d) [number] days study leave [dates]. 4 To the best of my knowledge, information and belief, the applicant did not at any time during the employment engage in any work (paid or unpaid) in any trade, business, occupation or employment other than the employment referred to in clause 1 except [give particulars of any other employment]. 5 During the whole of the period of employment, the applicant was properly instructed in the practice and profession of a legal practitioner and supervised by a person eligible to be a supervisor for the purposes of the Legal Profession (Admission) Rules 2008. 6 The applicant completed the period of employment to the satisfaction of those responsible for supervising the applicant, and I consider the applicant to be a fit and proper person to be admitted to the legal profession in Victoria. 104 -- 108 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 13 7 During the whole period of the employment I continued— (a) to be on the roll of lawyers kept in [name of State/Territory]; and (b) to hold an Australian practising certificate; and (c) to engage in legal practice in Victoria; and (d) to be eligible under the Legal Profession (Admission) Rules 2008 to supervise a trainee. Sworn, &c. __________________ 105 -- 109 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 14 SCHEDULE 14 Rule 5.06(2) ALL APPLICANTS (OTHER THAN MUTUAL RECOGNITION APPLICANTS)—CERTIFICATE AND RECOMMENDATION OF BOARD OF EXAMINERS In the Supreme Court of Victoria In the matter of We certify that [name in full of applicant] of [address of applicant] (the applicant) is eligible for admission to the legal profession in Victoria and we believe the applicant to be a fit and proper person to be admitted. And we so recommend to the Supreme Court. Dated Members of the Board of Examiners __________________ 106 -- 110 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 15 SCHEDULE 15 Rule 3.12(2) FORM OF TRAINING PLAN 1 Name and address of employer 2 Name of trainee 3 Proposed period of supervised workplace training Commencement date: Proposed completion date: If the trainee will be part-time at any stage of the proposed period, explain the circumstances. 4 Qualified supervisors Set out the name of each proposed supervisor, qualified under Rule 3.05, who will be primarily responsible for supervising the work of the trainee, and the proposed period during which each supervisor will be primarily responsible. 5 Place of employment If it is proposed that the trainee will undertake some of the supervised workplace training either— (a) at premises of the employer, other than those set out in Item 1; or (b) with another employer, at other premises— set out the proposed details in full. 6 Employer's previous experience Has the employer (and any other employer referred to in Item 5) previously given supervised workplace training to a trainee under the Rules? When? 107 -- 111 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 15 7 Explanation of supervised workplace training program If either— (a) any element of the PLT Competencies will be delivered by an employer for the first time, rather than by an approved PLT provider; or (b) arrangements for delivering any element by the employer have changed since those arrangements were last approved by the Board of Examiners (including any change in persons providing instruction)— explain how the employer and trainee propose to ensure that the trainee acquires and demonstrates appropriate understanding of and competence in, each skill or practice area which will be delivered by the employer. Set out any explanation in the Explanation space provided after each skill or practice area below. 108 -- 112 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 15 109 -- 113 of 129 -- Legal Profession (Admission) Rules 2008 S.R. 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No. 15/2008 Sch. 15 8 Training plan prevails The employer and trainee agree that, to the extent that any terms of an employment contract otherwise entered into between them are inconsistent with this training plan, the terms of that employment are void and of no effect. 9 Undertakings by employer and supervisors Each person signing this training plan either on behalf of the employer or as a qualified supervisor respectively undertakes to use their best endeavours to ensure that— (a) the trainee is properly and thoroughly instructed in the practice and profession of a legal practitioner; and (b) the trainee gains practical experience in the legal business transacted in the legal practice or business of the employer; and (c) the trainee is given every opportunity to participate, under appropriate supervision, in giving legal advice and in drafting such legal documents as are given or drafted in the legal practice or business of the employer; (d) if the trainee has properly performed the obligations referred to in Item 10, and is qualified to be permitted to practise, the trainee is so admitted. 10 Undertaking by trainee The trainee undertakes to carry out the responsibilities and tasks given by or on behalf of the employer and any supervisor nominated in the training plan, consistently with the training plan, diligently and in good faith, to the best of the trainee's ability. Training plan made on [insert date] Executed by the following qualified supervisors nominated in the training plan: Name Signature Executed on behalf of the employer [insert name] by its authorised representative: Name Signature 124 -- 128 of 129 -- Legal Profession (Admission) Rules 2008 S.R. No. 15/2008 Sch. 15 Executed by the trainee [insert name]: Name Signature __________________ Dated: 11 March 2008 THE HONOURABLE MARILYN WARREN, C.J. SANDFORD D. CLARK THE HONOURABLE JUSTICE HOLLINGWORTH ANNE REES PETER LAURITSEN THE HONOURABLE JUSTICE HARPER KATE McMILLAN JACOB I. FAJGENBAUM GEORGE HAMPEL ═══════════════ 125 -- 129 of 129 --