Rules of the Council of Legal Education (Amendment No. 1) 1999
i
Rules of the Council of Legal Education
(Amendment No. 1) 1999
S.R. No. 14/1999
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 1
3. Principal Rules 1
4. Insertion of new rules 1
PART VI—MUTUAL RECOGNITION ACT ADMISSIONS 2
60. Application of Part 2
61. Interstate practitioners must lodge form 2
62. Payment of fees 2
63. Receipt of notice 3
64. Consideration of notice by the Secretary 3
65. Grant or refusal of admission by the Board 4
66. Oath for admission 4
67. Production of documents to the Court 5
68. Motion for admission 5
69. Person may show cause for refusal of admission 5
5. Substitution of Schedules 5
SCHEDULE L—Notice seeking admission under the Mutual
Recognition Act 1992 (Cth) 6
SCHEDULE M—Admission documents 8
SCHEDULE N—Certificate of Secretary 9
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NOTES 10
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1
STATUTORY RULES 1999
S.R. No. 14/1999
Legal Practice Act 1996
Rules of the Council of Legal Education
(Amendment No. 1) 1999
The Council of Legal Education makes the following Rules:
Dated: 16 February 1999
1. Objective
The objective of these Rules is to provide for the
admission to practice of interstate practitioners in
accordance with the mutual recognition principle
in Part 3 of the Mutual Recognition Act 1992 of
the Commonwealth as adopted under section 4 of
the Mutual Recognition (Victoria) Act 1998.
2. Authorising provision
These Rules are made under section 337 of the
Legal Practice Act 1996.
3. Principal Rules
In these Rules, the Rules of the Council of Legal
Education 1993 1 are called the Principal Rules.
4. Insertion of new rules
After Rule 59 of the Principal Rules insert—
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'PART VI—MUTUAL RECOGNITION ACT
ADMISSIONS
60. Application of Part
(1) In this Part—
"Commonwealth Act" means the Mutual
Recognition Act 1992 of the
Commonwealth as adopted under
section 4 of the Mutual Recognition
(Victoria) Act 1998;
"notice" means a notice under section 19(1)
of the Commonwealth Act seeking
admission in accordance with the
mutual recognition principle.
(2) This Part applies to the admission of
interstate practitioners in accordance with
the mutual recognition principle in Part 3 of
the Commonwealth Act.
(3) Parts I to V of these Rules do not apply to
the admission of interstate practitioners in
accordance with the mutual recognition
principle in Part 3 of the Commonwealth
Act.
(4) The Rules in this Part cease to operate on the
expiry of the Mutual Recognition
(Victoria) Act 1998.
61. Interstate practitioners must lodge form
An interstate practitioner seeking admission
under these Rules must lodge a notice in the
form set out in Schedule L with the Secretary
of the Board.
62. Payment of fees
(1) Before lodging a notice, the interstate
practitioner must pay any fees referred to
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under section 6 of the Legal Practice Act
1996.
(2) Evidence of payment of fees must be
produced to the Secretary of the Board at the
time of lodgment of a notice.
63. Receipt of notice
On receipt of a notice, the Secretary of the
Board must—
(a) post a notice at a place in the Supreme
Court designated by the Secretary of
the Board stating the name of the
interstate practitioner seeking
admission, the jurisdictions in which
the practitioner is admitted as a legal
practitioner and the fact that the
practitioner seeks admission; and
(b) carry out any investigations and make
any inquiries that the Board considers
appropriate to obtain any information
relevant to the admission of the
interstate practitioner or grounds for
postponement or refusal of a grant of
admission.
64. Consideration of notice by the Secretary
The Secretary of the Board, if requested by
the Board, must consider a notice and any
accompanying documents and, within one
month after a notice is lodged—
(a) if it appears that the interstate
practitioner has complied with the
provisions of the Commonwealth Act
and this Part, may, on behalf of the
Board, issue a certificate in the form set
out in Schedule N;
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(b) if it appears that the interstate
practitioner is not entitled to a grant of
admission or that any of the reasons for
postponement or refusal of admission
under the Commonwealth Act apply,
must refer the notice and any
accompanying documents to the Board
for its consideration.
65. Grant or refusal of admission by the Board
The Board may consider any notice lodged
with the Secretary of the Board and may—
(a) if it considers that the interstate
practitioner has complied with the
provisions of the Commonwealth Act
and this Part, direct the Secretary to
issue a certificate in the form set out in
Schedule N; or
(b) postpone or refuse a grant of admission
for any of the reasons for postponement
or refusal of admission under the
Commonwealth Act.
66. Oath for admission
An interstate practitioner must, before the
principal registrar or other officer designated
by the Chief Justice of the Supreme Court of
Victoria or of the Supreme Court of a State
or Territory—
(a) take the oaths required to be taken
under rule 14.05 of the Supreme Court
(Miscellaneous Civil Proceedings)
Rules 1998 unless otherwise excused
by those Rules; and
(b) sign a form set out in Part 1 of
Schedule M for insertion in a roll of
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legal practitioners kept by the Court;
and
(c) without delay, return to the Secretary of
the Board—
(i) the form referred to in paragraph
(b); and
(ii) a certificate of administration of
the oaths in the form set out in
Part 2 of Schedule M.
67. Production of documents to the Court
(1) A certificate issued by the Secretary of
the Board under rule 64 or 65 together
with the notice and any accompanying
documents must be produced to the
Court by the Secretary of the Board.
(2) The production of the documents to the
Court by the Secretary of the Board is
to be treated as an application for
admission of the interstate practitioner.
68. Motion for admission
A motion for admission may be made to a
Judge of the Supreme Court sitting in the
Practice Court.
69. Person may show cause for refusal of
admission
Any person may show cause to the Board or
to the Court why an interstate practitioner
seeking admission should not be admitted.'.
5. Substitution of Schedules
For Schedules L, M and N to the Principal Rules
substitute—
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'SCHEDULE L
NOTICE SEEKING ADMISSION UNDER THE MUTUAL
RECOGNITION ACT 1992 (CTH)
In the Supreme Court of Victoria
TO: The Secretary
Board of Examiners for Barristers and Solicitors
Supreme Court
210 William Street
Melbourne Vic. 3000
I, [full names, address and occupation] seek admission to practise in
Victoria in accordance with the mutual recognition principle in Part 3 of the
Mutual Recognition Act 1992 (Cth).
(Signed): ...........................................
(Date): ...............................................
State clearly Mr, Ms, Mrs, Miss
PLEASE SUPPLY YOUR BUSINESS
TELEPHONE NUMBER:..............................................................................
As required by the Mutual Recognition Act 1992 (Cth), I supply the
following information—
1. I am duly admitted and am at the present time entitled to practise as a
[barrister, solicitor, barrister and solicitor or legal practitioner
howsoever styled (referred to in this notice as "legal practitioner")] in
the Supreme Court of [State or Territory]. The date of my admission
was [date].
2. The jurisdictions in which I have been admitted and the date of
admission in each of those jurisdictions are as follows:
Jurisdiction Date of Admission
........................................ ........................................
........................................ ........................................
........................................ ........................................
(If not admitted elsewhere, state "NONE")
3. I am not the subject of disciplinary proceedings in any jurisdiction
(including any preliminary investigations or action that might lead to
disciplinary proceedings) in relation to my occupation as a legal
practitioner.
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4. My admission in any jurisdiction or right to practice as a legal
practitioner in any jurisdiction is not cancelled or currently suspended
as a result of disciplinary action.
5. I am not otherwise personally prohibited from carrying on the
occupation of a legal practitioner in any jurisdiction, and am not
subject to any special conditions in carrying on that occupation, as a
result of criminal, civil or disciplinary proceedings in any jurisdiction.
6. In carrying out my occupation as a legal practitioner in any
jurisdiction I am subject to the following special conditions:
[State special conditions, if any. Otherwise state: "No special
conditions"]
7. I consent to the making of inquiries of, and the exchange of
information with, the authorities of any jurisdiction regarding my
activities as a legal practitioner or otherwise regarding matters
relevant to this notice.
8. I annex [original/certified true copy] of my first [certificate/court
order] admitting me to practise and an [original/certified true copy]
of my current practising certificate.
Statutory Declaration
I, [full names, address and occupation] being the applicant, do solemnly
and sincerely and truly declare that all the information set out in this notice is
to the best of my knowledge and belief true and correct in every particular,
and that the accompanying documents are what they purport to be.
[The Declaration should be made, executed, witnessed etc. strictly in
accordance with the requirements of the law relating to Statutory
Declarations in force in the applicant's jurisdiction.]
_______________
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SCHEDULE M
PART 1
FORM FOR INSERTION IN ROLL OF LEGAL PRACTITIONERS
OF THE SUPREME COURT OF VICTORIA
I...................................................[full name] sign the Roll of Barristers and
Solicitors
.......................................[date]
SIGNATURE DO NOT
Adhesive label DETACH
LABEL
This signature shall be of no effect until the order of the Court has been made
and the signature inserted in the Roll by the Prothonotary
PART 2
CERTIFICATE OF ADMINISTRATION OF OATH
Oath administered and signing of Roll witnessed
[date]
Signed: Principal Registrar/Prothonotary—Supreme Court of .......................
...........................................................
[Stamp]
_______________
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SCHEDULE N
CERTIFICATE OF SECRETARY
In the Supreme Court
I, , Secretary of the Board of Examiners,
certify—
(a) that the notice in the form of Schedule L to the Rules of the Council of
Legal Education 1993 was lodged with me on [date] by [name of
applicant]; and
(b) that [name of applicant] has complied with the provisions of the Mutual
Recognition Act 1992 (Cth) (as adopted under section 4 of the Mutual
Recognition (Victoria) Act 1998) and Part VI of the Rules of the
Council of Legal Education 1993; 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...........................................'.
SIGNED ON BEHALF OF THE COUNCIL OF LEGAL
EDUCATION:
J. H. PHILLIPS, C.J.
President
COLIN R. GALBRAITH
Secretary
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NOTES
1 Rule 3: S.R. No. 201/1993. Reprint No. 2 as at 20 August 1998.
Notes
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