Legal Practice (Admission) Rules 1999

i Legal Practice (Admission) Rules 1999 S.R. No. 144/1999 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 PART 2—TERTIARY QUALIFICATION REQUIREMENTS FOR ADMISSION 6 2.01 Tertiary qualifications 6 2.02 Recognised courses 7 2.03 Endorsement of subjects 7 PART 3—PRACTICAL LEGAL TRAINING REQUIREMENTS FOR ADMISSION 9 Division 1—Practical Legal Training 9 3.01 Practical legal training 9 3.02 Determination of areas of practice 10 3.03 Endorsement of courses of instruction 11 3.04 Eligibility to undertake practical legal training 12 3.05 Employment during training 12 3.06 Leave of absence during training 13 Division 2—Service under Articles 13 3.07 Dispensation from service under articles 13 3.08 Where articles are to be served 14 3.09 Persons with whom articles are to be served 14 3.10 Approval of articles with other practitioners 15 3.11 Requirements of Principal 17 3.12 Temporary employment in office of another legal practitioner 18 3.13 Employment outside articles 19 3.14 Leave of absence 20 -- 1 of 66 -- Rule Page ii 3.15 Completion of service 20 3.16 Articles to be in prescribed form 22 3.17 Information required by Board of Examiners 22 3.18 Approval of articles by Board of Examiners 22 3.19 Termination of articles 23 PART 4—QUALIFICATIONS FOR ADMISSION 25 Division 1—Local Applicants 25 4.01 Qualifications for admission 25 4.02 Notice of intention to apply for admission 25 4.03 Documents in support of admission 26 Division 2—Qualified Overseas Applicants 27 4.04 Qualifications for admission 27 4.05 Application for directions 28 4.06 Documents in support of admission 29 Division 3—Interstate and New Zealand Practitioners 31 4.07 Mutual recognition admissions 31 Division 4—Overseas Practitioners 31 4.08 Qualifications for admission 31 4.09 Application for directions 32 4.10 Documents in support of admission 34 Division 5—Consideration of applications 35 4.11 Consideration of applications 35 4.12 Admission on basis of practical legal training 35 4.13 Council or Board may make inquiries 36 4.14 Council or Board may act on advice of others 37 4.15 Directions by Council 37 4.16 Specification of time for application for admission 38 Division 6—Application to Alter Requirements under Rules 39 4.17 Alteration of requirement by Board of Examiners 39 PART 5—GENERAL 41 5.01 Service of notices 41 PART 6—TRANSITIONAL AND SAVINGS PROVISIONS 42 6.01 Definitions 42 6.02 Saving of determinations, etc. under former rules 42 6.03 Compliance with former rules 42 -- 2 of 66 -- Rule Page iii 6.04 Resolution of issues arising under former rules 43 __________________ SCHEDULES 44 SCHEDULE 1—Rules revoked 44 SCHEDULE 2—Commonwealth government offices 45 SCHEDULE 3—Victorian government offices 46 SCHEDULE 4—Articles 47 SCHEDULE 5—Principals—affidavit verifying articles 49 SCHEDULE 6—All applicants for admission—notice of intention to apply for admission 50 SCHEDULE 7—Principals—affidavit of service under articles 51 SCHEDULE 8—Local applicants or qualified overseas applicants— affidavit in support of application for admission 53 SCHEDULE 9—Certificate as to character 55 SCHEDULE 10—Statement of overseas practitioner applying for admission 56 SCHEDULE 11—Mutual recognition applicants—Certificate of Board of Examiners 57 SCHEDULE 12—Overseas practitioner applicants—affidavit as to qualifications for admission 58 SCHEDULE 13—Overseas practitioner applicants—affidavit of employment as a law clerk 60 SCHEDULE 14—All applicants (other than mutual recognition applicants)—Certificate of Board of Examiners 62 ═══════════════ NOTES 63 -- 3 of 66 -- 1 STATUTORY RULES 1999 S.R. No. 144/1999 Legal Practice Act 1996 Legal Practice (Admission) Rules 1999 The Council of Legal Education makes the following Rules: PART 1—PRELIMINARY 1.01 Objectives The objectives of these Rules are— (a) to provide for courses of study and other qualifications required for admission to legal practice in Victoria; and (b) to provide for service under articles. 1.02 Authorising provision These Rules are made under section 337 of the Legal Practice Act 1996. 1.03 Commencement These Rules come into operation on 1 January 2000. 1.04 Revocation The Rules set out in Schedule 1 are revoked1 . 1.05 Definitions (1) In these Rules— "accredited PLT provider" means Leo Cussen Institute or any other institution accredited by the Council as the provider of practical legal training under rule 3.01; -- 4 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 2 "approved institution" means the University of Melbourne, Monash University, La Trobe University, Deakin University or an institution designated by the Council under sub-rule (3)(a); "admission" means admission to legal practice; "articles" means articles of clerkship entered into or served under these Rules; "barrister and solicitor" means barrister and solicitor of the Supreme Court of Victoria; "Commonwealth Government Office" means an office listed in Schedule 2 or an office designated by the Council under sub-rule (3)(b); "eligible legal practitioner" means a legal practitioner— (a) who has signed the roll of practitioners kept by the Supreme Court; and (b) who holds a practising certificate which— (i) is subject to a condition that the holder is authorised to receive trust money; and (ii) provides that the holder is authorised to engage in legal practice as a sole practitioner, a partner in a firm, a director of an incorporated practitioner or as an incorporated practitioner; and (c) who is not engaged in practice solely or predominantly as a barrister; "employee practitioner" means a legal practitioner who holds a practising certificate which is subject to a condition that the r. 1.05 -- 5 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 3 holder is authorised to engage in legal practice as an employee of another legal practitioner or a firm; "Faculty of Law" means the faculty of law (by whatever name called) of an approved institution; "Law Degree" means the degree of Bachelor of Laws, or equivalent qualification, conferred by an approved institution; "Leo Cussen Institute" means Leo Cussen Institute established by the Leo Cussen Institute Act 1972; "local applicant" means a person— (a) who has not previously been admitted in any jurisdiction in Australia; and (b) who wishes to be admitted on the basis of tertiary 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 r. 1.05 -- 6 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 4 application for admission under these Rules, is entitled to 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; "Principal" means an eligible legal practitioner or other person with whom articles are being served in accordance with Division 2 of Part 3; "private practice" means the practice of law as— (a) an eligible legal practitioner (other than an incorporated practitioner); or (b) a director of an incorporated practitioner; or (c) an employee practitioner (other than an employee of a legal practitioner in practice solely or predominantly as a barrister); "qualified overseas applicant" means a person (other than an overseas practitioner)— (a) who has not previously been admitted in any jurisdiction; and (b) who wishes to be admitted on the basis of tertiary qualifications and practical legal training obtained wholly or principally outside Australia; "Victorian Government Office" means an office listed in Schedule 3 or an office designated by the Council under sub-rule (3)(c). r. 1.05 -- 7 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 5 (2) A reference in the definitions of "New Zealand practitioner" and "overseas practitioner" to a practitioner who is eligible to practice in New Zealand or in a place outside Australia includes a practitioner who does not have a current practising certificate in New Zealand or that 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. (3) For the purposes of these Rules, the Council may designate— (a) an institution in Victoria to be an approved institution; (b) an office (including an office of a corporation established by the Commonwealth) to be a Commonwealth Government Office; (c) an office (including an office of a corporation established by the State of Victoria) to be a Victorian Government Office. _______________ r. 1.05 -- 8 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 6 PART 2—TERTIARY QUALIFICATION REQUIREMENTS FOR ADMISSION 2.01 Tertiary qualifications The tertiary qualifications required for admission in Victoria are— (a) a Law Degree or a tertiary qualification obtained in Australia which includes the equivalent of at least 3 years full-time study of law and which is recognised in at least one Australian jurisdiction as satisfying the tertiary qualification requirements for admission in that jurisdiction; and (b) successful completion of courses of study, whether as part of obtaining the qualification referred to in paragraph (a) or otherwise, which are recognised in at least one Australian jurisdiction as satisfying the tertiary qualification requirements for admission in that jurisdiction and which demonstrate an understanding of and competence in the following areas of knowledge— (i) criminal law and procedure; (ii) torts; (iii) contracts; (iv) property both real (including Torrens system land) and personal; (v) equity (including trusts); (vi) administrative law; (vii) Federal and State constitutional law; (viii) civil procedure; (ix) evidence; r. 2.01 -- 9 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 7 (x) professional conduct (including basic trust accounting); (xi) company law. 2.02 Recognised courses (1) The courses of study for obtaining a Law Degree are recognised in Victoria as satisfying the tertiary qualification requirements for admission under rule 2.01(a). (2) The courses of study recognised in Victoria as satisfying the tertiary qualification requirements for admission under rule 2.01(b) are courses of study incorporating subjects endorsed by the Council under rule 2.03 as providing understanding of and competence in the areas of knowledge specified in rule 2.01(b). 2.03 Endorsement of subjects (1) The Council may endorse any subject in a course of study at an approved institution or any other institution as providing understanding of and competence in an area of knowledge specified in rule 2.01(b). (2) The Council may specify or vary the topics which it will treat as necessary parts of an area of knowledge specified in rule 2.01(b). (3) The Council may at any time withdraw its endorsement of a subject. (4) The Council must give written notice to an institution referred to in sub-rule (1) of— (a) subjects in a course of study endorsed by the Council; (b) any specification or variation of the topics the Council will treat as part of an area of knowledge specified in rule 2.01(b); r. 2.02 -- 10 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 8 (c) withdrawal of endorsement of a subject. (5) If a person commences a course of study incorporating a subject endorsed by the Council and satisfactorily completes the subject, the person is to be treated as having completed an endorsed subject despite withdrawal of endorsement after the person commenced the subject. _______________ r. 2.03 -- 11 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 9 PART 3—PRACTICAL LEGAL TRAINING REQUIREMENTS FOR ADMISSION Division 1—Practical Legal Training 3.01 Practical legal training (1) The practical legal training requirements for admission in Victoria to be completed after obtaining a tertiary qualification referred to in rule 2.01(a) are— (a) either— (i) service under articles in accordance with Division 2 for a period of at least one year; or (ii) completion, in accordance with these Rules, of a course of practical legal training at an accredited PLT provider for a period of at least 6 months (including holidays) or any other period the Council may approve, and the issue of a certificate by the accredited PLT provider that the person has completed the course to the satisfaction of the provider; and (b) completion, to the satisfaction of the Council and in accordance with any procedures determined by the Council, of any other practical legal training requirements determined by the Council under rule 3.02. (2) The Council may accredit any institution as an accredited PLT provider for the purposes of these Rules. r. 3.01 -- 12 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 10 (3) The Council may— (a) withdraw accreditation of any accredited PLT provider; or (b) impose any conditions that the Council considers appropriate on an accreditation; or (c) vary any conditions imposed under paragraph (b). (4) The Council must give written notice to an institution referred to in sub-rule (2) of— (a) accreditation of the institution as an accredited PLT provider, any conditions on accreditation and any variation of those conditions; (b) withdrawal of accreditation. 3.02 Determination of areas of practice (1) The Council may determine an area of practice to be a practical legal training requirement for the purposes of rule 3.01(1)(b). (2) Without limiting the Council's discretion as to determination of areas of practice under this rule, the Council may determine any one or more of the following areas of practice as practical legal training requirements— (a) ethics and professional responsibility; (b) work management; (c) legal writing and drafting; (d) interviewing and communication skills; (e) negotiation and dispute resolution; (f) legal analysis and research; (g) advocacy. r. 3.02 -- 13 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 11 (3) For the purposes of this rule, an area of practice may constitute or be relevant to any professional, ethical or business skill or practice or to any area of practice or procedure relating to a substantive area of law that the Council considers appropriate. (4) The Council may specify or vary topics which it will treat as necessary parts of an area of practice. (5) The Council must give written notice to an accredited PLT provider of— (a) areas of practice determined by the Council to be a practical legal training requirement for the purposes of rule 3.01(1)(b); (b) any specification or variation of topics the Council will treat as part of an area of practice. 3.03 Endorsement of courses of instruction (1) The Council may endorse any course of instruction (including, without limitation, any computer based course of instruction) in an area of practice determined under rule 3.02 and may approve any institution, firm or person as the provider of the course of instruction. (2) The Council may— (a) withdraw any endorsement of a course of instruction or approval of an institution, firm or person; or (b) impose any conditions that the Council considers appropriate on an endorsement or approval; or (c) vary any conditions imposed under paragraph (b). (3) The Council must give written notice to an institution, firm or person referred to in sub- rule (1) of— r. 3.03 -- 14 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 12 (a) endorsement of a course of instruction or approval of the institution, firm or person, any conditions on endorsement or approval and any variation of those conditions; (b) withdrawal of endorsement or approval. (4) If a person commences a course of instruction endorsed by the Council and satisfactorily completes the course, the person is to be treated as having completed an endorsed course despite withdrawal of endorsement or withdrawal of approval of the provider of the course after the person commenced the course. 3.04 Eligibility to undertake practical legal training A person is eligible to undertake a course of practical legal training conducted by an accredited PLT provider for the purposes of these Rules if the person has obtained— (a) a Law Degree; or (b) other tertiary qualifications in law which the accredited PLT provider considers to be sufficient to enable the person to undertake the course. 3.05 Employment during training (1) Unless the Council determines otherwise (either generally, in the case of a particular accredited PLT provider, or in respect of a particular person), a person undertaking a course of practical legal training for the purposes of these Rules must not be engaged in any work (paid or unpaid) in any trade, business, occupation, employment or in a course of study at any time during the course unless the person obtains the approval of the accredited PLT provider. r. 3.04 -- 15 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 13 (2) The accredited PLT provider may impose any terms and conditions it thinks fit on an approval under sub-rule (1). (3) If the accredited PLT provider imposes any terms and conditions on an approval and the person undertaking the course of practical legal training engages in work in any trade, business, occupation, employment or in a course of study, the person must satisfy the Board of Examiners before admission that the person has fulfilled the terms and conditions imposed. 3.06 Leave of absence during training Unless the Council determines otherwise (either generally, in the case of a particular accredited PLT provider, or in respect of a particular person), a person undertaking a course of practical legal training for the purposes of these Rules must not be absent (other than because of illness) from the course without prior leave of the accredited PLT provider. Division 2—Service under Articles 3.07 Dispensation from service under articles The Board of Examiners may grant dispensation from service under articles by a person if the person has— (a) completed a period of 8 years service in any one or more of— (i) the offices in Victoria of the Supreme Court, County Court or Magistrates' Court; or (ii) the offices of any of the High Court of Australia, Industrial Relations Court of Australia, Federal Court of Bankruptcy, Federal Court of Australia, Family r. 3.06 -- 16 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 14 Court of Australia or other court determined by the Council; or (iii) a Commonwealth Government Office or a Victorian Government Office; and (b) during the last 4 years of the period referred to in paragraph (a) has served for at least 12 months in a Commonwealth Government Office, the office of the Attorney-General of Victoria, Solicitor-General of Victoria, Victorian Government Solicitor, Solicitor for the Public Transport Corporation or other Victorian Government Office determined by the Council; and (c) obtains a certificate from an RPA that the RPA is satisfied that during the last 4 years of the period referred to in paragraph (a) the person's duties and the work performed by the person have been such as to require a knowledge of the law and to give a training in the practice of the law which may reasonably be accepted in place of service under articles. 3.08 Where articles are to be served (1) Articles for the purpose of these Rules may be served in Victoria or, with the approval of the Board of Examiners, in any other State or Territory of Australia or New Zealand or other overseas jurisdiction. (2) The Board of Examiners may give its approval under sub-rule (1) subject to any conditions it thinks fit and any approval may be given on the basis that it extends to any period served prior to the time of application to the Board for its approval. 3.09 Persons with whom articles are to be served r. 3.08 r. 3.09 -- 17 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 15 (1) Unless the Board of Examiners otherwise determines, articles served in Victoria must be served with a person who, for the whole period of the articles— (a) is an eligible legal practitioner who meets the requirements of rule 3.11(1); or (b) is a person referred to in sub-rule (3); or (c) is a person approved by the Council under rule 3.10 who is engaged in legal practice in Victoria. (2) Articles served in a jurisdiction outside Victoria must be served with a person who— (a) is a legal practitioner admitted in that jurisdiction; and (b) for the whole period of the articles, is entitled to practise and practises as a Principal on the person's own account either alone or in partnership in that jurisdiction. (3) Subject to rule 3.11(3), articles may be served with— (a) the Victorian Government Solicitor; or (b) the Solicitor for Public Prosecutions in Victoria; or (c) a legal practitioner who is designated by the Australian Government Solicitor as a senior executive who may act as a Principal; or (d) a legal practitioner who holds a position approved by the Council in any Commonwealth Government Office or Victorian Government Office approved by the Council. 3.10 Approval of articles with other practitioners r. 3.10 -- 18 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 16 (1) A corporate practitioner 2 , or other legal practitioner who is not otherwise entitled under these Rules to enter into articles as Principal under the articles, may apply to the Council for a direction that, or as to the extent to which, the qualifications, experience and practice of the practitioner may be regarded as sufficient to permit articles to be served with the practitioner. (2) An application under sub-rule (1) must be accompanied by an affidavit setting out particulars of— (a) the course or courses of legal study undertaken or completed by the practitioner; and (b) the practitioner's experience of legal practice within and outside Victoria; and (c) the experience in legal practice which it is expected an articled clerk serving with the practitioner would obtain; and (d) the range of legal practice to which an articled clerk serving with the practitioner would be exposed; and (e) the intended plan of training for the articled clerk. (3) The Council may make any further inquiries it thinks fit in relation to an application under this rule as to— (a) the nature and adequacy of the practitioner's qualifications and experience in legal practice; and (b) the nature and extent of the experience in legal practice likely to be obtained by any articled clerk serving with the practitioner; and -- 19 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 17 (c) the range of legal practice to which an articled clerk serving with the practitioner would be exposed. (4) Without limiting the Council's discretion in relation to an application under this rule, the Council may assess the application against the experience which an articled clerk would be expected to obtain and the range of legal practice to which an articled clerk would be expected to be exposed under articles served with an eligible legal practitioner. (5) A practitioner approved by the Council under this rule must not, except with the approval of the Board of Examiners, engage more than one articled clerk at any one time. 3.11 Requirements of Principal (1) Except with the approval of the Board of Examiners, an eligible legal practitioner must not enter into articles in Victoria as Principal under the articles unless the practitioner has been in private practice for a continuous period of not less than 5 years, during at least 2 years of which the legal practitioner has been in practice as an eligible legal practitioner (other than an incorporated practitioner). (2) Except with the approval of the Board of Examiners— (a) an eligible legal practitioner must not engage more than two articled clerks at any one time; and (b) the partners of a firm or directors of an incorporated practitioner must not engage more than the following number of articled clerks at any one time— r. 3.11 -- 20 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 18 (i) in the case of a firm of 2 legal practitioners or an incorporated practitioner of which 2 legal practitioners are directors, 4 articled clerks; (ii) in the case of a firm of 3 legal practitioners or an incorporated practitioner of which 3 legal practitioners are directors, 5 articled clerks; (iii) in the case of a firm of 4 legal practitioners or an incorporated practitioner of which 4 legal practitioners are directors, 6 articled clerks; (iv) in the case of a firm of 5 or more legal practitioners or an incorporated practitioner of which 5 or more legal practitioners are directors, 6 articled clerks and an additional articled clerk for each member of the firm or each director of the incorporated practitioner (as the case requires) in excess of 5. (3) Each of the persons referred to in rule 3.09(3) must not engage more than 8 (or any greater or lesser number that the Council may in any case determine) articled clerks at any one time. 3.12 Temporary employment in office of another legal practitioner (1) An articled clerk may, with the consent of the Principal, be employed temporarily in the office of another legal practitioner for the purpose of gaining additional experience for a period or periods not exceeding a total of 3 months (or any greater period approved by the Board of Examiners). r. 3.12 -- 21 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 19 (2) The other legal practitioner must be a person with whom articles might have been served by the clerk under rule 3.09, 3.10 or 3.11. (3) Any period exceeding the total period of employment with another legal practitioner permitted by this rule is not to be considered as service under articles for the purpose of these Rules. (4) In the relevant articles, all references to service with the Principal include the employment with another legal practitioner permitted by this rule. 3.13 Employment outside articles (1) During service under articles an articled clerk must not be engaged in any work (paid or unpaid) in any trade, business, occupation, or employment other than employment with the Principal or with any other legal practitioner in whose office the articled clerk is employed temporarily under these Rules— (a) during hours outside the ordinary hours of business of the office of the Principal or of the legal practitioner in whose office the articled clerk is temporarily employed, unless the articled clerk obtains the consent in writing of the Principal or, if the Principal refuses consent, the approval of the Board of Examiners; or (b) during the ordinary hours of business of the office of the Principal or of the legal practitioner in whose office the articled clerk is temporarily employed, unless the articled clerk obtains the consent in writing of the Principal and the approval of the Board of Examiners. r. 3.13 -- 22 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 20 (2) For the purposes of these Rules any person who serves articles with a legal practitioner under these Rules is to be taken to be employed by the legal practitioner. 3.14 Leave of absence (1) As part of the period of service under articles, each articled clerk may be allowed leave of absence— (a) on all days that are public holidays under the Public Holidays Act 1993; and (b) for the purposes of study and attendance at examinations, not exceeding 4 days in respect of each subject (being a subject which must be successfully completed as a pre-requisite to admission) in which the articled clerk undertakes the examination prescribed by the relevant institution; and (c) in case of illness or injury, not exceeding 7 days; and (d) in addition, 20 days (or, in the case of an articled clerk who is normally required to attend a Principal's office on Saturdays, 23 days). (2) For the purpose of calculating the periods referred to in sub-rule (1)(d), any day (other than a Saturday, Sunday or public holiday under the Public Holidays Act 1993) on which the Principal's office is not open for business is to be counted. 3.15 Completion of service (1) An articled clerk may serve under articles, or under supplementary articles, for any further period necessary to complete the full period of service required by these Rules if, in addition to r. 3.14 -- 23 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 21 the leave of absence allowed under rule 3.14, the articled clerk has been absent from service— (a) on duty for any period as a member of any naval, military, air, civil, or other force or service raised or formed by or under the authority of any Government for or in connection with the defence of Australia; or (b) in case of illness, for any period not exceeding 3 months in any year of service; or (c) for any further period not exceeding 30 days in any year of service with the consent of the Principal; or (d) any further period with the consent of the Principal and the Board of Examiners. (2) Articles may be assigned from one Principal to another and a clerk may enter into supplementary articles if— (a) the parties to the articles consent to the assignment or supplementary articles; and (b) except in the case of supplementary articles entered into under sub-rule (1), the Board of Examiners approves the assignment or supplementary articles. (3) The Board of Examiners may impose any conditions it thinks fit on granting approval for the assignment of articles or supplementary articles, including the service of an additional period. (4) Supplementary articles must state that the original service under articles has been terminated by consent, death, or otherwise (as the case requires). r. 3.15 -- 24 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 22 3.16 Articles to be in prescribed form Articles must be in the form set out in Schedule 4 or in any other form approved by the Board of Examiners. 3.17 Information required by Board of Examiners Within one month after entering into articles (including supplementary articles), each applicant must produce to the Board of Examiners the following as applicable to the applicant— (a) the articles; and (b) an affidavit of verification of the articles in the form set out in Schedule 5; and (c) evidence that the applicant has obtained a tertiary qualification as required by rule 2.01(a); and (d) any evidence the Board of Examiners may require that the period of service under articles is sufficient in the applicant's case under these Rules; and (e) any other information that the Board of Examiners requires. 3.18 Approval of articles by Board of Examiners (1) The Board of Examiners, after consideration of the articles, affidavit and any evidence and other information— (a) must approve the articles if the Board is satisfied that— (i) the Principal is able to provide the applicant with proper training; and (ii) the Principal is qualified to enter into articles; and r. 3.16 -- 25 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 23 (iii) the articles comply with these Rules and have been properly executed by the parties; (b) may refuse to approve the articles if the Board is not satisfied of the matters in paragraph (a). (2) If the Board is not satisfied that the articles comply with these Rules or have been properly executed, the Board may give leave to the applicant to withdraw and re-submit the articles, within the period specified by the Board, incorporating any amendments necessary for compliance with these Rules. (3) If the Board gives leave under sub-rule (2), the Board may approve the amended articles, on production of them within the specified period, together with an affidavit verifying the making of amendments. (4) If the Board of Examiners approves the amended articles under sub-rule (3), any service under the articles before approval is to be considered service under articles for the purpose of these Rules. (5) If the Board approves articles, it must certify the approval in the manner it determines. 3.19 Termination of articles On the application of the Principal or articled clerk, the Board of Examiners may terminate existing articles if the Board is satisfied that— (a) the articled clerk has ceased substantially to derive any benefit under the articles; or (b) the articled clerk is not receiving proper training; or r. 3.19 -- 26 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 24 (c) for any other reason it is appropriate to terminate the articles. _______________ r. 3.19 -- 27 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 25 PART 4—QUALIFICATIONS FOR ADMISSION Division 1—Local Applicants 4.01 Qualifications for admission (1) The qualifications for admission in Victoria of a local applicant are— (a) subject to sub-rule (2), the tertiary qualification requirements for admission specified in Part 2; and (b) the practical legal training requirements for admission specified in Part 3; and (c) that the applicant is of good reputation and character and a fit and proper person to be admitted; and (d) that the applicant has a sufficient knowledge of written and spoken English to engage in legal practice in Victoria. (2) The Board of Examiners may determine that an applicant is not required to satisfy the tertiary qualification requirements specified in rule 2.01(b) if the Board is satisfied that the applicant has an understanding of and competence in the areas of knowledge specified in that rule. (3) In the absence of evidence to the contrary, the Board of Examiners is entitled to presume that a local applicant who has the qualifications specified in sub-rule (1)(a) also has the qualifications specified in sub-rule (1)(d). 4.02 Notice of intention to apply for admission Not less than one month (or any lesser time determined by the Board of Examiners) before the appointed day of Supreme Court sittings in which r. 4.01 -- 28 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 26 a local applicant intends to apply for admission, the local applicant must— (a) serve on the Secretary of the Board of Examiners a notice of intention to apply to be admitted in the form set out in Schedule 6; and (b) post a copy of the notice in the Supreme Court as designated by the Board. 4.03 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 Secretary of the Board of Examiners— (a) if service under articles by the applicant is required by these Rules, an affidavit by the applicant's Principal of service under articles in the form set out in Schedule 7; and (b) 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 obtained the tertiary qualifications required by rule 2.01(a) and graduated from the relevant tertiary institution; and (ii) a certificate that the applicant has completed a course of study, including any subjects endorsed by the Council, in the manner required by these Rules; and (iii) if the applicant has completed a course of practical legal training under these Rules, a certificate that the applicant r. 4.03 -- 29 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 27 has completed the course to the satisfaction of the accredited PLT provider; and (iv) two certificates as to character in the form set out in Schedule 9 each signed by a legal practitioner on the roll of practitioners in Victoria, not being a person with whom the applicant has served under articles or served as a clerk; and (v) in the case of a person to whom rule 3.07 applies, the certificate required under that rule; and (c) 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 certificate referred to in sub-rule (1)(b), to be provided directly to the Secretary of 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 sub-rule (2) must be sent to the Secretary of the Board of Examiners by certified mail or by any other means approved by the Board. Division 2—Qualified Overseas Applicants 4.04 Qualifications for admission (1) The qualifications for admission in Victoria of a qualified overseas applicant are— (a) that the applicant holds qualifications recognised in a jurisdiction outside Australia as meeting the requirements for admission in r. 4.04 -- 30 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 28 that jurisdiction (other than any requirements which the Council is satisfied either are of a formal or procedural nature or constitute legal training requirements of a predominantly or solely practical nature); and (b) that the applicant complies with any directions given by the Council under rule 4.15; and (c) that the applicant is of good reputation and character and a fit and proper person to be admitted; and (d) that the applicant has a sufficient knowledge of written and spoken English to engage in legal practice in Victoria. (2) The Board of Examiners may require an applicant to pass an examination specified by the Board for the purposes of sub-rule (1)(d). 4.05 Application for directions (1) A qualified overseas applicant must apply to the Council for directions under rule 4.15 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 tertiary qualifications and practical legal training requirements. (2) Unless the Council otherwise determines, an application under sub-rule (1) must be accompanied by an affidavit (exhibiting each relevant certificate)— (a) stating the nature and details of the qualified overseas applicant's tertiary and other qualifications; and (b) providing evidence that the applicant has the qualifications on which he or she relies and r. 4.05 -- 31 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 29 that the qualifications meet all the requirements for admission in the jurisdiction in which he or she obtained the qualifications (other than any requirements, of which the applicant must provide adequate detail, that either are of a formal or procedural nature or constitute legal training requirements of a predominantly or solely practical 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 requests. 4.06 Documents in support of admission (1) After receiving directions under rule 4.15 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 Secretary of the Board of Examiners notice of intention to apply to be admitted in the form set out in Schedule 6; and (b) post a copy of the notice in the Supreme Court as designated by the Board. (2) Not less than one 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 admission, the applicant must lodge with the Secretary of the Board of Examiners— r. 4.06 -- 32 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 30 (a) if the applicant has served under articles, an affidavit by the applicant's Principal of service under articles in the form set out in Schedule 7; and (b) 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 the relevant courses of study under rule 2.01(b) in accordance with any requirements prescribed by these Rules in respect of the applicant; and (iii) if the applicant has completed a course of practical legal training under these Rules, a certificate that the applicant has completed the course to the satisfaction of the accredited PLT provider; and (iv) two certificates as to character in the form set out in Schedule 9 each signed by a legal practitioner on the roll of practitioners in Victoria, not being a person with whom the applicant has served under articles or served as a clerk; and (c) any other affidavits, certificates and information required by the Board of Examiners. r. 4.06 -- 33 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 31 Division 3—Interstate and New Zealand Practitioners 4.07 Mutual recognition admissions (1) If an interstate practitioner or a New Zealand practitioner notifies the Supreme Court that the practitioner seeks registration in Victoria as a legal practitioner 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 sub-rule (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 practitioner or New Zealand practitioner (as the case requires) appears to be entitled to be admitted as a legal practitioner 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 4.08 Qualifications for admission r. 4.07 -- 34 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 32 (1) The qualifications for admission in Victoria of an overseas practitioner are— (a) that the practitioner complies with any directions given by the Council under rule 4.15; and (b) that the practitioner is of good reputation and character and a fit and proper person to be admitted; and (c) that the practitioner has a sufficient knowledge of written and spoken English to engage in legal practice in Victoria. (2) The Board of Examiners may require an applicant to pass an examination specified by the Board for the purposes of sub-rule (1)(c). 4.09 Application for directions (1) An overseas practitioner must apply to the Council for directions under rule 4.15 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 tertiary qualifications and practical legal training requirements. (2) Unless the Council otherwise determines, an application under sub-rule (1) must be accompanied by— (a) an affidavit (exhibiting each relevant certificate)— (i) stating the nature and details of the applicant's tertiary qualifications and practical experience; and (ii) providing evidence that the applicant has the tertiary qualifications on which he or she relies; and r. 4.09 -- 35 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 33 (iii) 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 (iv) stating that any condition imposed on the applicant's admission by the admitting authority in the overseas jurisdiction has been satisfied; and (v) 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 (vi) describing the nature, range and character of the applicant's practice in the overseas jurisdiction or elsewhere; and (vii) stating whether the applicant has applied for admission in any other Australian jurisdiction and the result of the application; and (viii) stating either that the applicant has not been charged with a criminal offence in any country or disclosing the outcome of any such charge; and (ix) setting out any additional information the Council requests; and (b) an affidavit from at least one person, presently on the roll of practitioners in the overseas jurisdiction and with whom the applicant has been associated in practice— r. 4.09 -- 36 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 34 (i) providing details of that association; and (ii) attesting that the applicant is of good reputation and character; and (iii) stating that the applicant is a fit and proper person to be admitted to legal practice in Victoria. 4.10 Documents in support of admission (1) After receiving directions under rule 4.15 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 two certificates as to character in the form set out in Schedule 9 each signed by a legal practitioner on the roll of practitioners in Victoria; and (c) serve on the Secretary of the Board notice of intention to apply to be admitted in the form set out in Schedule 6 and post a copy of the notice in the Supreme Court as designated by the Board; and (d) deliver to the Board any other affidavits, certificates and information required by the Board. (2) Not less than one 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 Secretary of the Board of Examiners— r. 4.10 -- 37 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 35 (a) an affidavit of qualifications in the form set out in Schedule 12; and (b) if the practitioner has completed a course of practical legal training under these Rules, a certificate that he or she has completed the course to the satisfaction of the accredited PLT provider; and (c) if the practitioner has completed a period of employment as a law clerk with a legal practitioner in compliance with a direction given by the Council, an affidavit by the legal practitioner in the form set out in Schedule 13. Division 5—Consideration of applications 4.11 Consideration of applications (1) The Board of Examiners must— (a) consider each application under this Part; and (b) subject to rule 4.12, if it appears to the Board that the applicant meets the requirements of these Rules for admission in Victoria, give the applicant a certificate in the form set out in Schedule 14. (2) The Board of Examiners, before providing a certificate under sub-rule (1), may require an applicant— (a) to provide any further evidence that the Board thinks fit in relation to any matter relevant to the Board's consideration; or (b) to appear in person before the Board. 4.12 Admission on basis of practical legal training r. 4.11 -- 38 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 36 (1) This rule applies to an applicant who seeks admission on the basis of completing a course of practical legal training at an accredited PLT provider under either— (a) rule 3.01(1)(a)(ii); or (b) a direction given by the Council. (2) The Board must refuse to give a certificate under rule 4.11 to an applicant to whom this section applies unless the applicant has lodged with the Secretary of the Board an undertaking to the Court that, without the approval of the Council, the applicant will not engage in private practice (otherwise than as an employee practitioner) unless the applicant has been employed previously for a period of at least 6 months as a legal practitioner— (a) by an eligible legal practitioner in a practice in Victoria; or (b) under the supervision of a legal practitioner approved by the Council as a person with whom articles may be served. (3) The undertaking must be in a form acceptable to the Board. 4.13 Council or Board may make inquiries The Council or the Board of Examiners may make any inquiries it thinks fit concerning any application under this Part, 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 r. 4.13 -- 39 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 37 which the applicant seeks the Council's directions; and (b) the nature and adequacy of the applicant's tertiary qualifications, practical legal training and experience in the practice of law; and (c) the fitness of the applicant to be admitted in Victoria. 4.14 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 4.13— (a) on the written advice of the Attorney- General, the Solicitor-General or the dean of a Faculty of Law; or (b) on the report of a committee appointed by the Council. (2) In deciding whether any subject completed anywhere by any applicant under this Part provides the applicant with an understanding of and competence in any area of knowledge or in a 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) on the advice of the dean of a Faculty of Law. 4.15 Directions by Council (1) In relation to any application under section 4.05 or 4.09 for directions, the Council may direct that— (a) the qualifications of the applicant are such that the applicant ought to be admitted without completing any further tertiary qualifications or practical legal training requirements for admission; or (b) the qualifications of the applicant are such that the applicant ought to be admitted— r. 4.14 -- 40 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 38 (i) after completion of any further tertiary qualifications 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, after service as a law clerk with a person who is eligible under these Rules to engage an articled clerk; or (c) the qualifications of the applicant are not sufficient for admission. (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 if it considers that the dispensation or variation does not substantially diminish the value of the qualifications or training required by these Rules. (3) Without limiting the Council's discretions under sub-rules (1) and (2), an applicant for directions (other than an applicant whose qualifications are determined not to be sufficient qualifications for admission) may be required to meet any further tertiary qualification or practical legal training requirements that would, in the Council's opinion, place the applicant in a substantially similar position to a local applicant meeting the requirements set out in rules 2.01 and 3.01. 4.16 Specification of time for application for admission The Council or the Board of Examiners may specify a time within which an applicant under this Part must apply for admission. r. 4.16 -- 41 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 39 Division 6—Application to Alter Requirements under Rules 4.17 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 sub-rule (4)— (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 service under articles so as to abridge the period of service by more than 3 months. (3) The Board of Examiners may only dispense with or vary the requirements in rule 2.01(b) in accordance with sub-rule (1) if, in circumstances resulting from a change in the areas of knowledge specified in that rule, it would be unfair to the applicant not to do so. (4) To the extent that a determination of the Board of Examiners under this rule in respect of a person seeking admission is inconsistent with a direction r. 4.17 -- 42 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 40 of the Council under rule 4.15 in respect of that person, the direction of the Council prevails. _______________ r. 4.17 -- 43 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 41 PART 5—GENERAL 5.01 Service of notices (1) If a rule requires an applicant to serve, produce or deliver a notice or other document on or to the Board of Examiners or the Secretary of the Board, the applicant must sign the notice or document and serve, produce or deliver the notice or document in person, unless— (a) it is inconsistent with the rule to do so; or (b) the Board of Examiners does not require it. (2) All notices to be served on or documents to be produced or delivered to the Board of Examiners or Leo Cussen Institute may be served, produced or delivered to the Secretary of the Board or to the Executive Director of Leo Cussen Institute (as the case requires). _______________ r. 5.01 -- 44 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 42 PART 6—TRANSITIONAL AND SAVINGS PROVISIONS 6.01 Definitions In this Part— "former Board" means the Board of Examiners established under Part II of the Rules of the Council of Legal Education 1993; "former Council" means the Council of Legal Education established under Part II of the Legal Profession Practice Act 1958; "former rules" means the Rules of the Council of Legal Education 1993 and includes any revoked rules made by the former Council under the Legal Profession Practice Act 1958. 6.02 Saving of determinations, etc. under former rules Any determination, direction, endorsement, certificate, specification, permission or approval made or issued by the former Council or former Board under the former rules— (a) continues to have effect as if the former rules had not expired or 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. 6.03 Compliance with former rules (1) Except as provided in sub-rule (3), a person who, before the commencement of these Rules, has r. 6.01 -- 45 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 43 complied with and continues to comply with any requirements imposed under the former rules is to be taken to comply with any corresponding requirements under these Rules. (2) Without limiting sub-rule (1), a person who has complied with and continues to comply with rule 13 of the former rules is to be taken to comply with rule 3.01 of these Rules. (3) A person who, before the commencement of these Rules, has complied with the requirements under Part III of the former rules but before that commencement has not applied for admission under Part IV of those rules, may only apply for admission in accordance with the procedures set out in Part 4 of these Rules. 6.04 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. __________________ r. 6.04 -- 46 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 44 SCHEDULES SCHEDULE 1 Rule 1.04 RULES REVOKED Name S.R. Number Rules of the Council of Legal Education (Amendment No. 1) 1994 56/1994 Rules of the Council of Legal Education (Amendment No. 2) 1994 98/1994 Rules of the Council of Legal Education (Amendment No. 3) 1994 11/1995 Rules of the Council of Legal Education (Amendment No. 1) 1995 127/1995 Rules of the Council of Legal Education (Amendment No. 1) 1996 153/1996 Rules of the Council of Legal Education (Amendment No. 1) 1999 14/1999 _______________ Sch. 1 -- 47 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 45 SCHEDULE 2 Rule 1.05 COMMONWEALTH GOVERNMENT OFFICES The office in Victoria of the Attorney-General or Solicitor-General of the Commonwealth of Australia The office of the Australian Government Solicitor _______________ Sch. 2 -- 48 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 46 SCHEDULE 3 Rule 1.05 VICTORIAN GOVERNMENT OFFICES The offices of— Attorney-General of Victoria Solicitor-General of Victoria Victorian Government Solicitor Solicitor for the Public Transport Corporation Solicitor to the Insurance and Superannuation Commissioner Australian Securities and Investments Commission Regional Office Victoria of the Australian Securities and Investments Commission State Trustees Limited Director of Public Prosecutions Victoria Legal Aid Registrar of Titles President of the Victorian Civil and Administrative Tribunal Chief Parliamentary Counsel _______________ Sch. 3 -- 49 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 47 SCHEDULE 4 Rule 3.16 ARTICLES Date: Parties: 1. [Name of Principal] ("Principal"); 2. [Name of Articled Clerk] ("Articled Clerk"). 1. Duration of Articles 1.1. The duration of Articles is the period of [12 months] commencing on the date of these Articles and any further period the Articled Clerk may be required to serve under the Legal Practice (Admission) Rules 1999. 2. Responsibility of Principal 2.1. The Principal must use best endeavours to ensure that— (a) the Articled Clerk is properly and thoroughly instructed in the practice and profession of a legal practitioner; (b) the Articled Clerk gains practical experience in the business transacted in the Principal's office; (c) the Articled Clerk is given every opportunity to participate, under appropriate supervision, in advising clients and in drafting documents; and (d) the Articled Clerk is adequately instructed (including as may be required under the Legal Practice (Admission) Rules 1999) in the following— (i) ethics and professional responsibility; and (ii) work management; and (iii) legal writing and drafting; and (iv) interviewing and communication skills; and (v) negotiation and dispute resolution; and (vi) legal analysis and research; and (vii) advocacy; and Sch. 4 -- 50 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 48 (viii) in any other areas prescribed by the Council of Legal Education. 2.2. The Principal must allow the Articled Clerk to attend courses held during office hours in any subjects in which the Articled Clerk is required to qualify before being admitted. 2.3. If the Articled Clerk has properly performed the obligations referred to in clause 3.1 throughout the period of Articles and is qualified to be admitted to practise, the Principal must use best endeavours to ensure that the Articled Clerk is admitted to practise. 3. Responsibility of Articled Clerk 3.1. The Articled Clerk must undertake the responsibilities and tasks given by or at the direction of the Principal consistently with clause 2.1 diligently and in good faith to the best of the Articled Clerk's ability. 4. Employment Contract 4.1. To the extent that any terms of any employment contract otherwise entered into between the Principal and the Articled Clerk are inconsistent with these Articles, the terms are void and of no effect. Executed by the parties as a Deed. Signed sealed and delivered by and in the presence of:      _______________ Sch. 4 -- 51 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 49 SCHEDULE 5 Rule 3.17(b) PRINCIPALS—AFFIDAVIT VERIFYING ARTICLES In the Supreme Court of Victoria In the matter of an articled clerk I, [name of Principal] of [address], make oath and say as follows: 1. [Name of articled clerk] of [address of articled clerk] ("articled clerk") has been articled to me under articles dated [date of articles] from that date for a period of [state the period]. 2. To the best of my knowledge, information and belief, the articled clerk has completed the requirements for a Law Degree or other academic qualifications accepted by the Council of Legal Education. 3. At the time of execution of the articles I was, and since that time have remained, competent under the Legal Practice (Admission) Rules 1999 to have a clerk articled to me. If Principal is a member of a firm or a director of an incorporated practitioner, add: 4. At the time of execution of the articles, *I and the other partners of the firm of which I am a partner/*I and the other directors of the incorporated practitioner of which I am a 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. (*Strike out whichever does not apply) Sworn, &c. _______________ Sch. 5 -- 52 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 50 SCHEDULE 6 Rules 4.02(a), 4.06(1)(a), 4.10(1)(c) 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 legal practice. 2. I am— *a local applicant making application under Division 1 of Part 4 of the Legal Practice (Admission) Rules 1999 *a qualified overseas applicant making application under Division 2 of Part 4 of the Legal Practice (Admission) Rules 1999 *an overseas practitioner making application under Division 4 of Part 4 of the Legal Practice (Admission) Rules 1999. 3. For the purposes of my admission to practise 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) _______________ Sch. 6 -- 53 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 51 SCHEDULE 7 Rules 4.03(1)(a), 4.06(2)(a) PRINCIPALS—AFFIDAVIT OF SERVICE UNDER ARTICLES In the Supreme Court of Victoria In the matter of an applicant for admission I, [name in full] of [address], make oath and say: 1. Under articles dated [date of articles], [name of articled clerk] ("applicant") has been my articled clerk from that date to [date of completion] inclusive. 2. To the best of my knowledge, information and belief, the applicant did not at any time during the articles engage in any work (paid or unpaid) in any trade, business, occupation or employment other than employment with me except [give particulars of any other employment]. If applicable, add: 2A. With my consent, for the purpose of gaining additional experience, the applicant was employed temporarily by [name of other legal practitioner] a legal practitioner (the "practitioner") from [date of commencement of employment] to [date of termination of employment]. The legal practitioner has informed me that the legal practitioner continued throughout that period— (a) to be on the roll of legal practitioners kept by the Supreme Court of [name of State]; (b) to hold a practising certificate; and (c) to practise within Victoria; During that period, the applicant was absent (or not absent): [if absent, set out particulars required in other clauses of affidavit]. 3. The applicant was absent from employment on account of illness on the following occasions: [specify occasions]. Sch. 7 -- 54 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 52 If applicable, add: 3A. The applicant was absent on duty as a member of a naval, military, air, civil or other force or service on the following occasions: [specify occasions]. 4. During the articles my office was open for business on every day except Saturdays, Sundays and public holidays, and the following occasions: [specify occasions]. 5. In addition to Saturdays, Sundays and public holidays and the occasions mentioned above the applicant has been absent with my prior consent, on the following occasions: [specify occasions]. 6. Except as set out, the applicant was not absent from my office and employment during the articles. 7. [State whether the applicant has completed the articles to the Principal's satisfaction and whether the Principal considers that the applicant is a fit and proper person to be admitted as a barrister and solicitor and officer of the Supreme Court of Victoria and disclose any other matters which the Principal considers should be disclosed to the Board of Examiners.] 8. [State whether the Principal has discharged the obligations of the Principal under the articles.] 9. Throughout the articles I continued— (a) to be on the roll of legal practitioners kept by the Supreme Court of Victoria; (b) to hold a practising certificate; (c) to practise within Victoria; (d) to be competent under the Legal Practice (Admission) Rules 1999 to engage an articled clerk. Sworn, &c. [Note: If the articles are served elsewhere than in Victoria this form should be altered accordingly.] _______________ Sch. 7 -- 55 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 53 SCHEDULE 8 Rules 4.03(1)(b), 4.06(2)(b) LOCAL APPLICANTS OR QUALIFIED OVERSEAS APPLICANTS—AFFIDAVIT IN SUPPORT OF APPLICATION FOR ADMISSION In the Supreme Court of Victoria In the matter of 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 Principal] sworn on [date] as to my service under Articles. 4. I am the person named in the documents and affidavit referred to in clauses 2 and 3 and the statements in those documents and that affidavit so far as they relate to me are true and correct. 5. 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 Practice (Admission) Rules 1999. 6. I have fully complied with the Legal Practice (Admission) Rules 1999. 7. I have made full disclosure in writing to the Board of Examiners of every matter which is relevant to consideration of my fitness for admission to legal practice, this disclosure (if any) including but not being confined to any formal charges of criminal offences [if otherwise, state particulars]. 8. [Include any other information relevant to the consideration of the application by the Board of Examiners]. Sch. 8 -- 56 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 54 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 Practice (Admission) Rules 1999, clause 3 will not be required and the words "and that affidavit" will not be required in clause 4.] _______________ Sch. 8 -- 57 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 55 SCHEDULE 9 Rules 4.03(1)(b)(iv), 4.06(2)(b)(iv), 4.10(1)(b) CERTIFICATE AS TO CHARACTER In the Supreme Court of Victoria To the Board of Examiners I, [name of legal practitioner admitted to practise in Victoria] of [address of legal practitioner] certify that: 1. I have known [name of applicant for admission] of [address of applicant] ("applicant") for [number] years. 2. I believe the applicant is of good reputation and character. 3. I believe the applicant is a fit and proper person to be admitted to legal practice in Victoria recognising that, on admission to legal practice, the applicant will be a barrister and solicitor and an officer of the Supreme Court. [Date] [Signature of legal practitioner] _______________ Sch. 9 -- 58 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 56 SCHEDULE 10 Rule 4.10(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 legal practice 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]. (*Strike out whichever does not apply) [Date] [Signature of Applicant] _______________ Sch. 10 -- 59 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 57 SCHEDULE 11 Rule 4.07(3)(a) MUTUAL RECOGNITION APPLICANTS—CERTIFICATE OF BOARD OF EXAMINERS In the Supreme Court I, [name of Secretary], Secretary 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 Practice (Admission) Rules 1999 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 as a barrister and solicitor of this Honourable Court. [Court Stamp] [Signed] [Date] _______________ Sch. 11 -- 60 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 58 SCHEDULE 12 Rule 4.10(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 or committed any act or thing 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 Practice (Admission) Rules 1999 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 Sch. 12 -- 61 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 59 refusals. If clause 7 states that no other applications have been made, omit this clause.] 9. I have made full disclosure in writing to the Board of Examiners of every matter which is relevant to consideration of my fitness for admission to legal practice, 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. _______________ Sch. 12 -- 62 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 60 SCHEDULE 13 Rule 4.10(2)(c) OVERSEAS PRACTITIONER APPLICANTS—AFFIDAVIT OF EMPLOYMENT AS A LAW CLERK In the Supreme Court of Victoria In the matter of 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") with me as a law clerk in my practice at [full address of 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 Practice (Admission) Rules 1999. 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 my 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 employment with me except [give particulars of any other employment]. 5. During the whole of the period of employment, I properly and thoroughly instructed the applicant in the practice and profession of a legal practitioner. 6. The applicant completed the period of employment to my satisfaction, and I consider the applicant to be a fit and proper person to be admitted as a barrister and solicitor and officer of the Supreme Court of Victoria. Sch. 13 -- 63 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 61 7. During the whole period of the employment I continued— (a) to be on the roll of legal practitioners kept by the Supreme Court of Victoria; (b) to hold a practising certificate; (c) to practise within Victoria; (d) to be competent under the Legal Practice (Admission) Rules 1999 to engage an articled clerk. Sworn, &c. _______________ Sch. 13 -- 64 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 62 SCHEDULE 14 Rule 4.11(1)(b) ALL APPLICANTS (OTHER THAN MUTUAL RECOGNITION APPLICANTS)—CERTIFICATE OF BOARD OF EXAMINERS In the Supreme Court of Victoria In the matter of We certify that, for the purpose of being entitled to be admitted to practise as a barrister and solicitor and an officer of this Honourable Court, [name in full] of [address of applicant] (the "applicant") meets the requirements of the Legal Practice (Admission) Rules 1999 for admission to legal practice in Victoria. We believe the applicant to be a fit and proper person to be admitted to legal practice in Victoria. Dated Members of the Board of Examiners ________ Dated: 17 December 1999 J. H. PHILLIPS, C.J. G. HAMPEL, J. BERNARD G. TEAGUE, J. JOHN COLDREY, J. G. R. D. WALDRON, Chief Judge L. S. OSTROWSKI, Judge JACOB I. FAJGENBAUM, Q.C. S. D. CLARK ═══════════════ Sch. 14 -- 65 of 66 -- S.R. No. 144/1999 Legal Practice (Admission) Rules 1999 63 NOTES 1 Rule 1.04: The Rules of the Council of Legal Education 1993 (S.R. No. 201/1993) expire on 31 December 1999 by virtue of clause 41(4) of Schedule 2 to the Legal Practice Act 1996. 2 Rule 3.10(1): A "corporate practitioner" is defined in section 3 of the Legal Practice Act 1996 as a legal practitioner who engages in legal practice as an employee of a person or body other than a firm or another legal practitioner. Notes -- 66 of 66 --