Supreme Court (Chapter II Amendment No. 14) Rules 1997

i Supreme Court (Chapter II Amendment No. 14) Rules 1997 S.R. No. 17/1997 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Principal Rules 1 4. Amendment of Rule 14.01. 1 5. Amendment of Rule 14.02 1 6. Substitution of Part 3 of Order 14 2 PART 3—OATHS FOR ADMISSION TO LEGAL PRACTICE 2 14.04 Oaths required by Court—Form 14A and Form 14B 2 14.05 Excuse 2 14.06 Affidavit 2 14.07 Service 2 14.08 If application granted 3 7. New Forms 14A and 14B inserted—Oath of allegiance and oath of office 3 Form 14A 3 Form 14B 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1997 S.R. No. 17/1997 Supreme Court Act 1986 Supreme Court (Chapter II Amendment No. 14) Rules 1997 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to make amendments to the Principal Rules consequential upon the Legal Practice Act 1996. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3. Principal Rules In these Rules, the Rules of Procedure in Miscellaneous Civil Proceedings 19881 are called the Principal Rules. 4. Amendment of Rule 14.01. In Rule 14.01 of the Principal Rules, for the definition of "Act" substitute— ' "Act" means the Legal Practice Act 1996;'. 5. Amendment of Rule 14.02 In Rule 14.02 of the Principal Rules for "Rule 50 of the Rules of the Council of Legal Education 1985" substitute "Rule 56 of the Rules of the Council of Legal Education 1993". -- 2 of 6 -- S.R. No. 17/1997 Supreme Court (Chapter II Amendment No. 14) Rules 1997 2 6. Substitution of Part 3 of Order 14 For Part 3 of Order 14 to the Principal Rules substitute— "PART 3—OATHS FOR ADMISSION TO LEGAL PRACTICE 14.04 Oaths required by Court—Form 14A and Form 14B (1) A person applying to be admitted to legal practice in Victoria shall take the oath of allegiance and an oath of office. (2) The oath of allegiance may be in Form 14A and the oath of office may be in Form 14B. 14.05 Excuse (1) The Court may upon application excuse a person from taking the oath of allegiance. (2) The application shall be made by originating motion and heard no later than 30 days before the first day of the month in which application for admission to legal practice is to be sought. 14.06 Affidavit The application shall be supported by an affidavit of the applicant— (a) giving particulars of the eligibility of the applicant for admission to legal practice; and (b) stating the grounds of the application. 14.07 Service The originating motion and every affidavit in support shall be served on the secretary of the Board of Examiners. r. 6 -- 3 of 6 -- S.R. No. 17/1997 Supreme Court (Chapter II Amendment No. 14) Rules 1997 3 14.08 If application granted If the application is granted the applicant, not less than 14 days before the first day of the month in which application for admission to legal practice is sought, shall serve a copy on the secretary of the Board of Examiners.". 7. New Forms 14A and 14B inserted—Oath of allegiance and oath of office After Form 1A to the Principal Rules insert— "Form 14A Rule 14.04(2) OATH OF ALLEGIANCE I swear by almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second by the grace of God Queen of Australia and Her other realms and territories head of the Commonwealth. Form 14B Rule 14.04(2) OATH OF OFFICE I swear by almighty God that I will well and honestly demean myself in the practice of my profession as a barrister and solicitor to the best of my knowledge and ability.". Dated: 26 February 1997 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. K. M. HAYNE, J.A. r. 7 -- 4 of 6 -- S.R. No. 17/1997 Supreme Court (Chapter II Amendment No. 14) Rules 1997 4 STEPHEN CHARLES, J.A. BARRY BEACH, J. G. HAMPEL, J. H. NATHAN, J. F. H. R. VINCENT, J. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. ALLAN W. McDONALD, J. T. H. SMITH, J. DAVID ASHLEY, J. JOHN J. HEDIGAN, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. J. M. BATT, J. H. R. HANSEN, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. ═══════════════ r. 7 -- 5 of 6 -- S.R. No. 17/1997 Supreme Court (Chapter II Amendment No. 14) Rules 1997 5 NOTES 1 S.R. No. 334/1988. Reprinted to S.R. No. 70/1993 and subsequently amended by S.R. Nos 41/1995, 71/1995, 156/1995 and 139/1996. Notes -- 6 of 6 --