Legal Practice (Admission) (Amendment) Rules 2005

i Legal Practice (Admission) (Amendment) Rules 2005 S.R. No. 149/2005 TABLE OF PROVISIONS Rule Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Rules 1 5. Objectives and definitions 2 6. Approved academic qualifications 3 7. Dispensation from articles 4 8. Persons with whom articles are to be served 4 9. Other references to practitioners and qualifications 5 10. Leave of absence 6 11. Further consequential amendments 6 12. Forms 8 ═══════════════ ENDNOTES 12 -- 1 of 13 -- 1 STATUTORY RULES 2005 S.R. No. 149/2005 Legal Profession Act 2004 Legal Practice (Admission) (Amendment) Rules 2005 The Council of Legal Education makes the following Rules: 1. Objective The objective of these Rules is to amend the Legal Practice (Admission) Rules 1999 as a consequence of the passage of the Legal Profession Act 2004. 2. Authorising provision These Rules are made under section 2.3.12 of the Legal Profession Act 2004. Note: Clause 8.15(3) of Schedule 2 to the Legal Profession Act 2004 provides that the Legal Practice (Admission) Rules 1999 continue in force, despite the repeal of the Legal Practice Act 1996, as if they were made under section 2.3.12 of the Legal Profession Act 2004, and may be amended or revoked accordingly. 3. Commencement These Rules come into operation on the day on which section 8.1.1(2) of the Legal Profession Act 2004 comes into operation. 4. Principal Rules In these Rules, the Legal Practice (Admission) Rules 19991 are called the Principal Rules. -- 2 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 2 5. Objectives and definitions (1) In rule 1.01(a) of the Principal Rules, for "legal practice" substitute "the legal profession". (2) In rule 1.05 of the Principal Rules— (a) for the definition of "admission" substitute— ' "admission" means admission by the Supreme Court under the Legal Profession Act 2004 as a lawyer;'; (b) the definition of "barrister and solicitor" is repealed; (c) for the definition of "eligible legal practitioner" substitute— ' "eligible legal practitioner" means an Australian legal practitioner— (a) whose practising certificate authorises him or her— (i) to receive trust money; and (ii) to engage in legal practice as a principal of a law practice (other than a multi- disciplinary partnership or a community legal centre); and (b) who is not a barrister;'; (d) for the definition of "employee practitioner" substitute— ' "employee practitioner" means an Australian legal practitioner whose practising certificate authorises him or her to engage in legal practice as an employee of a law practice;'; r. 5 -- 3 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 3 (e) in the definition of "local applicant"— (i) in paragraph (a), after "admitted" insert "to the legal profession"; (ii) in paragraph (b), for "tertiary" substitute "academic"; (f) in the definition of "qualified overseas applicant"— (i) in paragraph (a), after "admitted" insert "to the legal profession"; (ii) in paragraph (b), for "tertiary" substitute "academic". 6. Approved academic qualifications (1) In the Principal Rules— (a) for the heading to Part 2 substitute— "PART 2—APPROVED ACADEMIC QUALIFICATIONS FOR ADMISSION"; (b) insert the following heading to rule 2.01— "Approved academic qualifications"; (c) in rule 2.01— (i) for "tertiary qualifications required" substitute "academic qualifications that are approved"; (ii) in paragraphs (a) and (b), for "satisfying the tertiary qualification" substitute "satisfying the academic qualification". (2) At the end of rule 2.01 of the Principal Rules insert— "(2) The Board of Examiners may determine that an applicant is not required to satisfy the requirements specified in sub-rule (1)(b) if r. 6 -- 4 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 4 the Board of Examiners is satisfied that the applicant has an understanding of and competence in the areas of knowledge specified in that sub-rule.". (3) In the Principal Rules— (a) in rule 2.02, for "tertiary qualification requirements" (where twice occurring) substitute "approved academic qualifications"; (b) in rule 3.01(1), for "a tertiary qualification" substitute "an academic qualification". 7. Dispensation from articles In rule 3.07(c) of the Principal Rules, for "an RPA that the RPA" substitute "the Law Institute or the Victorian Bar that the Law Institute or the Victorian Bar (as the case requires)". 8. Persons with whom articles are to be served (1) For rule 3.09(2) of the Principal Rules substitute— "(2) Articles served in a jurisdiction outside Victoria must be served with a person who— (a) is an Australian legal practitioner; and (b) is entitled to engage in legal practice in that jurisdiction as a principal of a law practice (other than a multi-disciplinary partnership or a community legal centre).". (2) In rule 3.09(3)(c) and (d) of the Principal Rules, for "a legal practitioner" substitute "an Australian lawyer". r. 7 -- 5 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 5 9. Other references to practitioners and qualifications (1) In rule 3.11(1) of the Principal Rules, omit "(other than an incorporated practitioner)". (2) For rule 3.11(2) of the Principal Rules substitute— "(2) Except with the approval of the Board of Examiners— (a) an eligible legal practitioner must not engage more than 2 articled clerks at any one time; and (b) the partners of a law firm or directors of an incorporated legal practice must not engage more than the following number of articled clerks at any one time— (i) 4 articled clerks in the case of a law firm of 2 Australian legal practitioners or an incorporated legal practice with 2 legal practitioner directors; (ii) 5 articled clerks in the case of a law firm of 3 Australian legal practitioners or an incorporated legal practice with 3 legal practitioner directors; (iii) 6 articled clerks in the case of a law firm of 4 Australian legal practitioners or an incorporated legal practice with 4 legal practitioner directors; (iv) in the case of a law firm of 5 or more Australian legal practitioners or an incorporated legal practice with 5 or more legal practitioner directors—6 articled clerks and an additional articled clerk for each r. 9 -- 6 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 6 member of the law firm or each legal practitioner director of the incorporated legal practice (as the case requires) in excess of 5.". (3) In rules 3.12 and 3.13(1) of the Principal Rules, for "legal practitioner" (wherever occurring) substitute "Australian legal practitioner". (4) For rule 3.13(2) of the Principal Rules substitute— "(2) For the purposes of these Rules, any person who serves articles with an Australian legal practitioner under these Rules is to be taken to be employed by the Australian legal practitioner.". 10. Leave of absence After rule 3.14(2) of the Principal Rules insert— "(3) Sub-rule (1) is subject to any applicable award or law relating to leave of absence.". 11. Further consequential amendments (1) In the Principal Rules— (a) in rule 3.17(c), for "a tertiary qualification" substitute "an academic qualification"; (b) rule 4.01 is revoked; (c) in rule 4.03(1)(b)(i), for "tertiary qualifications" substitute "academic qualifications"; (d) in rule 4.05, for "tertiary" (wherever occurring) substitute "academic". r. 10 -- 7 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 7 (2) In rule 4.07 of the Principal Rules— (a) in sub-rule (1), for "interstate practitioner or a New Zealand practitioner notifies the Supreme Court that the practitioner seeks registration in Victoria as a legal practitioner" substitute "interstate lawyer or a New Zealand practitioner notifies the Supreme Court that he or she seeks registration in Victoria as a local lawyer"; (b) in sub-rule (3)(a), for "interstate practitioner or New Zealand practitioner (as the case requires) appears to be entitled to be admitted as a legal practitioner" substitute "interstate lawyer or New Zealand practitioner (as the case requires) appears to be entitled to be admitted to the legal profession". (3) In the Principal Rules— (a) in rule 4.09, for "tertiary qualifications" (wherever occurring) substitute "academic qualifications"; (b) in rule 4.10(2)(c)— (i) for "a legal practitioner" substitute "an Australian legal practitioner"; (ii) for "the legal practitioner" substitute "the Australian legal practitioner". (c) for rule 4.11(1)(b) substitute— "(b) give the applicant a certificate and recommendation in the form set out in Schedule 14 if it appears to the Board that the applicant is eligible for admission and is a fit and proper person to be admitted."; r. 11 -- 8 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 8 (d) rule 4.12 is revoked; (e) in rules 4.13(b) and 4.15, for "tertiary" (wherever occurring) substitute "academic". 12. Forms (1) In the Principal Rules— (a) in Schedule 5, for clause 4 substitute— "4. At the time of execution of the articles, *I and the other partners of the law firm of which I am a partner/*I and the other legal practitioner directors of the incorporated legal practice of which I am a legal practitioner director complied with the restriction under the Legal Practice (Admission) Rules 1999 in respect of the number of clerks who may be articled to me."; (b) in Schedule 6, for "admitted to legal practice" substitute "admitted to the legal profession"; (c) in Schedule 7, for clause 2A substitute— '2A. 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 hold an Australian practising certificate; 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].'; r. 12 -- 9 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 9 (d) in Schedule 7, in clause 7, for "admitted as a barrister and solicitor and officer of the Supreme Court of Victoria" substitute "admitted to the legal profession in Victoria"; (e) in Schedule 7, for clause 9(a), (b) and (c) substitute— "(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"; (f) in clause 7 of Schedule 8 and clause 3 of Schedule 10, for "admission to legal practice" substitute "admission to the legal profession"; (g) in Schedule 11, for paragraph (c) substitute— "(c) that the applicant appears to be entitled to be admitted to the legal profession"; (h) in Schedule 12, in clause 9, for "admission to legal practice" substitute "admission to the legal profession"; (i) in Schedule 13, in clause 6, for "admitted as a barrister and solicitor and officer of the Supreme Court of Victoria" substitute "admitted to the legal profession in Victoria"; (j) in Schedule 13, for clause 7(a), (b) and (c) substitute— "(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". r. 12 -- 10 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 10 (2) For Schedule 14 to the Principal Rules substitute— 'SCHEDULE 14 Rule 4.11(1)(b) 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'. –––––––––– Dated: 28 November 2005 MARILYN WARREN, C.J. GAIL OWEN PETER LAURITSEN SANDFORD CLARK D. L. HARPER, J. L. S. OSTROWSKI GEORGE HAMPEL KATE McMILLAN r. 12 -- 11 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 11 P. D. CUMMINS, J. DAVID FARAM ARIE FREIBERG GORDON WALKER MIRKO BAGARIC CHRIS MAXWELL, P. K. WILLIAMS, J. F. H. CALLAWAY, J.A. JULIE DODDS-STREETON, J. ═══════════════ r. 12 -- 12 of 13 -- S.R. No. 149/2005 Legal Practice (Admission) (Amendment) Rules 2005 12 ENDNOTES 1 Rule 4: S.R. No. 144/1999 as amended by S.R. No. 20/2003. Endnotes -- 13 of 13 --