Northern Territory Repealed Regulations

This legislation has been repealed.

LEGAL PRACTITIONERS ADMISSION RULES

NORTHERN TERRITORY OF AUSTRALIA

LEGAL PRACTITIONERS ADMISSION RULES

As in force at 19 October 2005

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Rules as in force at 19 October 2005. Any amendments that may come into operation after that date are not included.

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LEGAL PRACTITIONERS ADMISSION RULES

Rules under the Legal Practitioners Act

Part 1 Preliminary

1. Citation

These Rules may be cited as the Legal Practitioners Admission Rules.

1. Definitions

In these Rules, unless the contrary intention appears:

application for admission means an application referred to in rule 7.

articled clerk means a person serving under articles.

articles means articles of clerkship.

Board means the Admission Board.

competency standards means the standards of competency specified in Schedule 4, Part B.

entry level legal practitioner means a legal practitioner when first admitted, or otherwise first granted an entitlement, to practise the profession of the law in a State or Territory of the Commonwealth.

local applicant means a person applying for admission to practise on the basis of academic qualifications and practical training and experience obtained in Australia.

overseas applicant means a person to whom Part 3, Division 3 applies.

principal, in relation to an articled clerk, means the person with whom the articled clerk enters into articles.

Roll means the Roll of Legal Practitioners.

to practise means to practise as a legal practitioner of the Court.

Part 2 Roll of Legal Practitioners

1. Entry of names etc. on Roll kept by Registrar

(1) The Registrar must keep a roll, to be known as the Roll of Legal Practitioners of the Supreme Court of the Northern Territory.

(2) The Registrar must enter on the Roll:

(a) the name of each person admitted to practise; and

(b) the date of each person's admission to practise.

(3) If a person who is admitted to practise satisfies the Registrar that the person intends to practise in the Territory exclusively as a barrister and independently of another legal practitioner, the Registrar must enter the person's name on the Roll with a notation that the person is a Counsel.

(4) A Counsel may apply in writing to the Registrar to remove the notation entered with the Counsel's name, and the Registrar must do so as soon as practicable.

1. Oath or affirmation before admission

(1) Before being admitted to practise a person must take an oath or make an affirmation, in accordance with the relevant form in Schedule 1, before the Court or before a person specified by subrule (2) or (3).

(2) If a person applies under the Mutual Recognition Act 1992 of the Commonwealth to be registered in the Territory and elects not to appear in person before the Court to be admitted to practise, the person must take the oath or make the affirmation before the principal registrar of the Supreme Court of a State or Territory or before any other officer of that Court designated by the Board.

(3) If a person applies under the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth to be registered in the Territory and elects not to appear in person before the Court to be admitted to practise, the person must take the oath or make the affirmation before the Registrar of the High Court of New Zealand or before any other officer of that Court designated by the Board.

(4) If a person takes the oath or makes the affirmation in accordance with subrule (2) or (3), the signature on the form in Schedule 2 of the officer before whom the oath or affirmation is taken or made is sufficient proof that the person has complied with the subrule.

1. Legal practitioners to sign Roll

(1) A person whose name is entered on the Roll must sign the Roll.

(2) A person who elects under rule 4(2) or (3) not to appear in person before the Court must, at the time of taking the oath or making the affirmation, sign a pro-forma in accordance with the form in Schedule 2 for insertion in the Roll.

1. Removal of name from Roll

If under section 52(2)(d) of the Act the Court orders that the name of a legal practitioner be struck off the Roll, the Registrar must remove the name from the Roll as soon as practicable after the order is made.

Part 3 Admission of legal practitioners

Division 1 Applications for admission to practise

1. Application to Court

(1) A local applicant or overseas applicant must apply to the Court for admission to practise.

(2) The application for admission must be by originating motion accompanied by the relevant affidavits and other documents specified by Division 2 or in a direction under Division 3.

1. Inquiries and report by Board

(1) Before making a report to the Court under section 13 of the Act, the Board may make the inquiries it considers appropriate in respect of the applicant for admission, including the following:

(a) inquiries to establish whether the applicant has been struck off any roll of legal practitioners or otherwise suspended from practice or is presently subject to a disciplinary inquiry or proceeding;

(b) inquiries to verify the applicant's academic qualifications, academic honesty, and practical training and experience.

(2) Before an application for admission is considered by the Court, the Board must provide the applicant with a copy of its report made under section 13 of the Act.

1. Consideration of application by Court

If, after considering an application for admission and the report made by the Board, the Court is satisfied the applicant:

(a) is of good fame and character and a fit and proper person to be admitted to practise;

(b) has completed the relevant academic and practical requirements for admission specified by Division 2 or in a direction under Division 3; and

(c) has otherwise complied with these Rules,

the Court may admit the applicant to practise as a legal practitioner of the Court and direct the Registrar to enter the applicant's name on the Roll.

Division 2 Local applicants

1. Affidavit and documents to accompany application

(1) An application for admission made by a local applicant must be accompanied by an affidavit stating that the applicant:

(a) is of good fame and character and a fit and proper person to be admitted to practise as a legal practitioner of the Court;

(b) has not at any time been struck off the roll of legal practitioners in any State or Territory of the Commonwealth or, if applicable, has been struck off such a roll and stating the details;

(c) has not been charged with a criminal offence or, if applicable, has been charged with a criminal offence and stating the nature and outcome of the charge; and

(d) has not been found to have engaged in academic dishonesty (such as plagiarism) or, if applicable, has been found to have engaged in academic dishonesty and stating the details.

(2) The affidavit must be accompanied by evidence of the academic qualifications and practical training and experience of the applicant.

1. Academic requirement for admission

(1) The academic requirement for the admission of a local applicant is the completion of a tertiary academic course in Australia, whether or not leading to a degree in law, that:

(a) includes the equivalent of at least 3 years full-time study of law; and

(b) subject to subrule (2), requires a satisfactory level of knowledge and understanding of the areas of knowledge specified in Schedule 3.

(2) If a local applicant has completed a tertiary academic course in Australia that does not include the study of professional conduct or basic trust accounting, the applicant need not acquire a satisfactory level of knowledge and understanding of that area of knowledge but must do so when completing the practical requirement for admission.

1. Practical requirement for admission

(1) The practical requirement for the admission of a local applicant is the completion, at the level of competence required by the competency standards:

(a) of a course approved under rule 13; or

(b) of:

(i) at least one year of articles; and

(ii) if required by the Board – a supplementary course approved under rule 13.

(2) The Board may specify that a supplementary approved course must be completed by all articled clerks, a particular articled clerk or a class of articled clerks.

(3) To assist the Board to decide whether to require a particular articled clerk to complete a supplementary approved course, the Board may require the articled clerk or the articled clerk's employer or principal to give to the Board, in the manner specified by the Board:

(a) details of the nature and scope of the legal work undertaken or likely to be undertaken by the articled clerk during articles; and

(b) the extent of the supervision and training provided or to be provided to the articled clerk.

1. Approval of course for completion by local applicant

(1) Before approving a course or supplementary course for completion by a local applicant, the Board:

(a) must have regard to Schedule 4, Part A;

(b) must be satisfied the course will provide the applicant with the practical training required to enable the applicant to achieve the level of competence required by the competency standards; and

(c) may take into account that an admitting authority in a State or another Territory of the Commonwealth has recognised the particular course as one which will enable an applicant for admission in that State or Territory to achieve the level of competence required by the competency standards.

(2) Before approving a course that the employer of an articled clerk offers the clerk wholly or partly in-house, the Board may require the clerk's employer or principal to provide the Board with all the information necessary to satisfy itself as required by subrule (1)(b).

(3) In this rule:

course means a course or program of practical legal training or tuition.

1. Court may grant exemption from practical requirement

If the Court is satisfied a local applicant has experience in the practice of the law in Australia other than by completing the practical requirement referred to in rule 12, the Court may grant the applicant the exemption from compliance with rule 12 that the Court considers appropriate in the circumstances.

Division 3 Overseas applicants

1. Application of Division

This Division applies to the following persons:

(a) a person who has completed, or substantially completed, in a place outside Australia a tertiary academic course relevant to the practice of the profession of the law;

(b) a person who is admitted to practise the profession of the law in a place outside Australia, other than New Zealand

1. Applications for directions

(1) Before making an application for admission, an overseas applicant must apply to the Board for directions as to whether the overseas applicant is required to obtain further academic qualifications or practical training and experience in order to satisfy the requirements for admission to practise.

(2) An overseas applicant who is a person referred to in rule 15(a) must lodge with the Board a statutory declaration:

(a) stating the nature and details of the applicant's academic qualifications and practical training and experience;

(b) providing original or authenticated documentary evidence that the applicant has the academic qualifications and practical training and experience detailed; and

(c) stating whether the applicant has applied for similar directions or for admission in any State or other Territory of the Commonwealth and, if so, the result of the application.

(3) An overseas applicant who is a person referred to in rule 15(b) must lodge with the Board a statutory declaration:

(a) stating the nature and details of the applicant's academic qualifications and practical training and experience;

(b) providing original or authenticated documentary evidence that the applicant has the academic qualifications and practical training and experience detailed;

(c) providing original or authenticated documentary evidence of the applicant's admission in the place outside Australia;

(d) stating that the applicant is currently admitted and entitled to practise in the place outside Australia, has not at any stage been struck off any roll of legal practitioners or otherwise suspended from practice and is not presently subject to disciplinary inquiry or proceedings or, if applicable, stating the details of any such striking off, suspension or disciplinary inquiry or proceedings;

(e) describing the nature, range, duration and character of the applicant's practice in the place outside Australia; and

(f) stating whether the applicant has applied for similar directions or for admission in any State or other Territory of the Commonwealth and, if so, the result of the application.

1. Directions by Board

(1) After considering an application by an overseas applicant, the Board may:

(a) decline to give a direction if the applicant has made a similar application or applied for admission in any State or other Territory of the Commonwealth; or

(b) give any of the following directions:

(i) the applicant is required to obtain further academic qualifications as specified by the Board;

(ii) the applicant is required to obtain further practical training or experience as specified by the Board;

(iii) the applicant is not required to obtain any further academic qualifications or practical training and experience, and may make an application for admission.

(2) When giving directions, the Board must ensure the qualifications, training and experience required of the overseas applicant equate as closely as is reasonably practicable with those required of a local applicant.

(3) When giving a direction that an overseas applicant may make an application for admission, the Board must give the applicant directions about the affidavit and any documents the applicant is required to provide to the Court with the application.

1. Board may make further inquiries

(1) To assist the Board to give appropriate directions to an overseas applicant, the Board may make the inquiries it considers appropriate about any of the following matters:

(a) the system of jurisprudence of the place in which the applicant obtained qualifications or is admitted to practise as a legal practitioner (or both);

(b) the nature and adequacy of the applicant's training and experience in the practice of the law;

(c) the applicant's fitness to be admitted to practise in the Territory.

(2) Inquiries about the applicant's fitness to be admitted to practise in the Territory may include the following:

(a) inquiries to establish whether the applicant has been struck off any roll of legal practitioners or otherwise suspended from practice or is presently subject to a disciplinary inquiry or proceeding;

(b) inquiries to verify the applicant's academic qualifications, academic honesty, and practical training and experience.

(3) If the Board considers it appropriate, it may submit the results of its inquiries to any of the following persons or bodies for written advice on any of the matters referred to in subrule (1):

(a) the Attorney-General for the Northern Territory or the Solicitor-General for the Northern Territory;

(b) the Dean or Associate Dean of a Faculty or School of Law;

(c) any other admitting authority in Australia;

(d) a committee appointed by the Board to give that advice.

1. Knowledge of English language required

If the first language of an applicant under this Division is not English, the applicant must satisfy the Board that the applicant has a sufficient knowledge of written and spoken English to practise in the Territory.

Part 4 Articles of clerkship

1. Entry into articles

(1) A person may enter into articles with any of the following persons:

(a) a legal practitioner who holds an unrestricted practising certificate and is practising as a solicitor or as a barrister and solicitor;

(b) the Secretary within the meaning of section 10 of the Law Officers Act;

(c) the Director of Public Prosecutions within the meaning of the Director of Public Prosecutions Act;

(d) the Director of Legal Aid within the meaning of the Legal Aid Act;

(e) a person authorised under the Judiciary Act 1903 of the Commonwealth to act in the name of the Australian Government Solicitor;

(f) the Commonwealth Director of Public Prosecutions within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth or a person nominated by him or her and approved by the Board.

(2) A person who has entered or is about to enter into articles with a person referred to in subrule (1) must apply to the Board for approval to do so.

(3) The application for approval must be in accordance with a form approved by the Board and accompanied by the documents specified by rule 21.

(4) The Board may approve the entry into articles only if the Board is satisfied:

(a) the applicant has satisfied the academic requirement of rule 11;

(b) the applicant is of good fame and character;

(c) the person with whom the applicant proposes to enter or has entered into articles is a person referred to in subrule (1); and

(d) the articles or proposed articles will provide the applicant with satisfactory training and experience.

1. Documents to accompany application for approval

(1) An application for approval of entry into articles must be accompanied by:

(a) a certificate or other document showing that the applicant has satisfied the academic requirement of rule 11;

(b) certificates relating to the good fame and character of the applicant, given by at least 2 persons; and

(c) a copy of the articles or proposed articles.

(2) A certificate relating to the good fame and character of the applicant must state:

(a) the name, address and occupation of the person giving the certificate;

(b) the period during which and the circumstances in which the person giving the certificate has known the applicant; and

(c) whether, in the opinion of the person giving the certificate, the applicant is a person of good fame and character.

(3) The Board may require the applicant to provide one or more additional certificates relating to the good fame and character of the applicant if the Board considers the circumstances warrant it.

1. Articles to be lodged with Board

A person who enters into articles must lodge the articles with the Secretary to the Board not later than 14 days after the date on which the articles are executed or within a further time allowed by the Board.

1. Effective date of articles and period of service

(1) Subject to subrule (2), the effective date of articles is the date of execution of the articles.

(2) If articles are executed more than 90 days before the date on which the Board approves the entry into articles, the effective date of the articles is 90 days before the date of approval.

(3) If articles are entered into before an application for approval is made under rule 20 and the Board refuses to give approval, the articles have no effect under these Rules.

(4) Articles are taken to contain a provision requiring the articled clerk to render service in accordance with the articles for 12 months from the effective date but the Court may, on application, order that the period of service be reduced.

(5) If a person has rendered service as an associate or a clerk to a Judge, the period for which the person is required to serve under articles is reduced by the lesser of the following periods:

(a) a period equal to one-half of the service as an associate or clerk to the Judge;

(b) 6 months.

1. Certain principals not to have more than 2 articled clerks

A person referred to in rule 20(1)(a) must not be the principal of more than 2 articled clerks at the same time.

1. Additional training during service under articles

With the prior approval of the Board, an articled clerk may receive tuition or training from a person referred to in rule 20(1) in addition to the tuition or training received from the articled clerk's principal.

1. Assignment of articles

(1) Articles may be assigned to a person referred to in rule 20(1) if all parties consent to the assignment and the Board gives its approval.

(2) The articled clerk must lodge the assignment with the Secretary to the Board not later than 14 days after the date of execution of the assignment or within a further time allowed by the Board.

1. New articles if principal dies etc.

(1) This rule applies to an articled clerk if, before the end of the period during which the clerk is required to serve under articles (original articles):

(a) the principal dies or ceases to practise as a solicitor or as a barrister and solicitor; or

(b) the articled clerk is otherwise unable to complete service under the original articles.

(2) The clerk may enter into articles (new articles) with another person referred to in rule 20(1) if the Board gives its approval.

(3) The new articles must contain a provision requiring the articled clerk to render service in accordance with the new articles for a period equal to the remaining period of service under the original articles.

(4) The clerk must lodge the new articles with the Secretary to the Board not later than 14 days after the date of execution of the new articles or within a further time allowed by the Board.

1. Certificate of completion of clerkship

(1) If at the end of an articled clerk's period of service the articled clerk requests it, the principal must give the articled clerk a certificate stating whether, in the principal's opinion:

(a) the service of the articled clerk was satisfactory throughout the period of service; and

(b) the articled clerk attained the level of competence specified by the competency standards.

(2) If the principal states that the service of the articled clerk was not satisfactory throughout the whole period of service, or that the articled clerk did not achieve the level of competence required by the competency standards, the principal must include the reasons for the statement.

Part 4 Repeal and transitional provisions

1. Definitions

In this Part:

commencement date means the date on which these Rules come into operation.

repealed rules means the Rules repealed by rule 30.

1. Repeal

The Rules specified in Schedule 5 are repealed.

1. Roll

The Roll of Legal Practitioners in force immediately before the commencement date is taken to be the Roll kept under these Rules.

1. Admission and articles

(1) On and after the commencement date, the repealed Rules continue to apply in relation to the following matters as if these Rules had not come into operation:

(a) applications for admission to practise made under Part 3, Division 1 of the repealed Rules that have not been dealt with by the Court before the commencement date;

(b) applications for directions made under Part 3, Division 4 of the repealed Rules that have not been dealt with by the Board before the commencement date;

(c) applications for admission to practise made under these Rules after the commencement date by a person who applied for directions referred to in paragraph (b);

(d) applications for approval of entry into articles made under Part 4 of the repealed Rules that have not been dealt with by the Board before the commencement date;

(e) articles entered into in accordance with the repealed Rules (including by assignment);

(f) the academic and practical requirements for admission of the following persons:

(i) a person who has made an application referred to in paragraph (a), (b) or (d);

(ii) a person who makes an application referred to in paragraph (c);

(iii) a person who has satisfactorily completed service under articles referred to in paragraph (e).

(2) If immediately before the commencement date a person is serving as an associate or clerk to a Judge, Part 3, Divisions 1 and 2 and Part 4 of the repealed Rules apply after the commencement date in relation to that person as if these Rules had not come into operation.

(3) However, subrule (2) ceases to have effect in relation to the person if, within 2 months of completing the service, the person does not apply for approval of entry into articles under Part 4 of the repealed Rules.

(4) If a person considers he or she has suffered special prejudice as a result of the commencement of these Rules, the person may apply to the Court for relief and the Court may make the orders it considers appropriate in the circumstances.

Schedule 1

rule 4(1)

OATH

I, [full name], do swear that I will well and honestly conduct myself in the practice of my profession as a legal practitioner of the Supreme Court of the Northern Territory according to the best of my knowledge and ability.

SO HELP ME GOD!

AFFIRMATION

I, [full name], solemnly and sincerely affirm and declare that I will well and honestly conduct myself in the practice of my profession as a legal practitioner of the Supreme Court of the Northern Territory according to the best of my knowledge and ability.

Schedule 2

Rule 5(2)

ROLL OF LEGAL PRACTITIONERS OF THE SUPREME COURT OF THE NORTHERN TERRITORY

I, [full name], sign the Roll of Legal Practitioners of the Supreme Court of the Northern Territory.

Dated

SIGNATURE DO NOT DETACH LABEL

[Adhesive Label]

This signature is of no effect until the order of the Board has been made and the signature inserted in the Roll by the Registrar.

Oath/Affirmation administered and signing of the Roll witnessed

Dated

Signed: Principal Registrar/Registrar/Designated Officer

[Stamp]

Schedule 3

Rule 11(1)(b)

ACADEMIC REQUIREMENT – AREAS OF KNOWLEDGE

Although topics are grouped for convenience under the headings of particular areas of knowledge, there is no implication that a topic needs to be taught in a subject covering the area of knowledge in the heading rather than in another suitable subject.

CRIMINAL LAW AND PROCEDURE
1. Definition of crime.
2. Elements of crime.
3. Aims of the criminal law.
4. Homicide and defences.
5. Non-fatal offences against the person and defences.
6. Offences against property.
7. General doctrines.
8. Selected topics chosen from:

• − attempts
• − participation in crime
• − drunkenness
• − mistake
• − strict responsibility.

9. Elements of criminal procedure. Selected topics chosen from:

• − classification of offences
• − process to compel appearance
• − bail
• − preliminary examination
• − trial of indictable offences.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

The topics should provide knowledge of the general doctrines of the criminal law and in particular examination of offences against both the person and property. Selective treatment should also be given to various defences and to elements of criminal procedure.

TORTS
1. Negligence, including defences.
2. A representative range of torts (other than negligence) and their defences.
3. Damages.
4. Concurrent liability.

5. Compensation schemes.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

The potential compass of this area is so large that considerable variation might be anticipated. At the very least, there should be a study of negligence and of a representative range of torts, with some consideration of defences and damages and of alternative methods of providing compensation for accidental injury. Examples of these topics are: concurrent liability; defamation; economic torts; nuisance; breach of statutory duty; compensation schemes.

CONTRACTS
1. Formation, including capacity, formalities, privity and consideration.
2. Content and construction of contract.
3. Vitiating factors.
4. Discharge.
5. Remedies.

6. Assignment.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

Some variation may be expected in the breadth and detail of the topics. In general, however, knowledge of the formal requirements, including contracts, capacity, the content and interpretation of contracts, their performance and discharge, available remedies, together with an understanding of the broad theoretical basis of contract, would be expected.

PROPERTY
1. Meaning and purposes of the concept of property.
2. Possession, seisin and title.
3. Nature and type (i.e. fragmentation) of proprietary interests.
4. Creation and enforceability of proprietary interests.
5. Legal and equitable remedies.
6. Statutory schemes of registration.
7. Acquisition and disposal of proprietary interests.
8. Concurrent ownership.
9. Proprietary interests in land owned by another.

10. Mortgages.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

The topics should provide knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity. Statutory schemes of registration for both general law land and Torrens land should be included. A variety of other topics might be included, e.g. fixtures; concurrent interests; more detailed treatment of such matters as sale of land, leases, mortgages, easements and restrictive covenants.

EQUITY
1. Nature of equity.
2. Equitable rights, titles and interests.
3. Equitable assignments.
4. Estoppel in equity.
5. Fiduciary obligations.
6. Unconscionable transactions.
7. Equitable remedies.

1. Trusts, with particular reference to the various types of trusts and the manner and form of their creation and variation. The duties, rights and powers of trustees should be included, as should the consequences of breach of trust and the remedies available to, and respective rights of, beneficiaries. (It is expected that about half the course will be devoted to trusts.)

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

The topics should cover the elements of trust law, equitable doctrines apart from those relating to trusts, and equitable remedies. The following aspects of trusts law should be dealt with: various kinds of trusts; the rights, duties and powers of trustees; the consequences of breach of trust. Apart from trusts, the following equitable doctrines might be covered: fiduciary obligations; equitable assignments; unconscionability; confidential information. The remedies of specific performance, injunction, declaration and damages in equity should be included. (It is expected that about half the course will be devoted to trusts.)

COMPANY LAW
1. Corporate personality.
2. Incorporation process.
3. Corporate constitution.
4. Company contracts.

1. Administration of companies and management of the business of companies.

6. Duties and liabilities of directors and officers.
7. Share capital and membership.
8. Members' remedies.
9. Company credit and security arrangements.

10. Winding up of companies.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

The topics should include the following: an analysis of incorporation and its effects; management and control of a company; the various methods of financing – by the issue of shares and debt; the processes of winding up a company.

ADMINISTRATIVE LAW
1. Organisation and structure of the administration.
2. Administrative law theory.

1. Common law and statutory avenues of judicial review at Commonwealth and State or Territory level.

4. Grounds of judicial review.
5. Remedies.
6. Crown immunity.
7. Administrative Appeals Tribunal.
8. Statutory review.

9. Freedom of information.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

The topics should not only embrace traditional common law remedies concerning judicial review of administrative action, but should also cover the range of Commonwealth and State or Territory statutory regimes.

COMMONWEALTH, STATE AND TERRITORY CONSTITUTIONAL LAW
1. State and Territory constitutions and constitutional systems.
2. The Commonwealth Constitution and constitutional system.
3. The constitution and operation of the legislature, executive and judiciary.

1. The relationship between the different institutions of government and the separation of powers.

5. The relationship between the different levels of government.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

The topics should include knowledge of the major principles of both the relevant State or Territory Constitution and the Commonwealth Constitution, including the relationship between the different Commonwealth and State or Territory laws. A general knowledge of the scope of both State or Territory and Commonwealth Constitutions is required, although the topics will differ in the depth of treatment of specific heads of power, particularly in the Commonwealth sphere.

CIVIL PROCEDURE
1. Court adjudication under an adversary system.
2. The cost of litigation and the use of costs to control litigation.

1. Service of originating process, as foundation of jurisdiction, including service out of the relevant State or Territory and choice of forum.
2. Joinder of claims and parties, including group proceedings and the defence of prior adjudication as instances of the public interest in avoiding a multiplicity of proceedings and inconsistent verdicts.
3. Defining the questions for trial – pleadings, notices to admit and other devices.
4. Obtaining evidence – discovery of documents, interrogatories, subpoena and other devices.

7. Disposition without trial, including the compromise of litigation.
8. Extra judicial determination of issues arising in the course of litigation.
9. Judgment.
10. Appeal.

11. Enforcement.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.

The topics should embrace the general study of rules of civil procedure relevant in the State or Territory. Rules concerning the following should all be included: jurisdiction; the initiation and service of process; the definition of issues through pleadings; judgment; enforcement.

EVIDENCE
1. Introduction.
2. Competence and compellability.
3. Privilege.
4. The examination of witnesses.
5. Disposition and character.
6. Similar fact evidence.
7. The accused as a witness.
8. Burden and standard of proof.
9. Documentary evidence.
10. Hearsay:

• − the exclusionary rule
• − the common law and statutory exceptions.

12. Admissions and confessions in criminal cases.
13. Illegally obtained evidence and confirmation by subsequent fact.
14. Res gestae.

15. Corroboration.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should include examination of both the sources and acceptability of evidence, including rules concerning the burden and standard of proof and technical rules concerning such matters as hearsay, admissions and confessions, illegally obtained evidence and res gestae.

PROFESSIONAL CONDUCT (including basic Trust Accounting)
Professional and personal conduct in respect of a legal practitioner's duty:

• − to the law
• − to the Courts
• − to clients, including a basic knowledge of the principles of trust accounting
• − to fellow practitioners.

OR

Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should include knowledge of the various pertinent rules concerning a legal practitioner's duty to the law, the Courts, clients and fellow practitioners, and a basic knowledge of the principles of trust accounting.
The aims of the trust account segment of professional conduct are:

• − to impart an understanding of the legal requirements imposed on legal practitioners when dealing with trust property
• − to help students obtain a level of competence in, and understudying of, the recording requirements for trust accounts and other trust dealings.

Areas covered should include the following:

• − provisions of the relevant State or Territory legislation governing the legal profession that relate to the handling of trust money and other trust property
• − legislative provisions that enable the proper identification of trust moneys
• − the ramifications of breach of trust
• − methods of maintaining trust accounts records, including class exercises in recording of receipts, payments and direct payments of trust moneys and of investments (including mortgage investments) by legal practitioners on behalf of their clients
• − a detailed study of any relevant legislation (including regulations and rules) that relates to trust accounting.

Schedule 4

rule 12

PRACTICAL LEGAL TRAINING COMPETENCY STANDARDS FOR ENTRY LEVEL LEGAL PRACTITIONERS

PART A – PREFACE

The competency standards for practical legal training for entry level legal practitioners have been jointly developed by the Australasian Professional Legal Education Council (APLEC) and the Law Admissions Consultative Committee. They seek to describe the observable performance required of entry level legal practitioners in a number of key areas at the point of admission to practise. The competency standards have been drafted in the light of the following publications:
National Competency Standards, Policy and Guidelines, National Training Board, Canberra 1991;

Heywood, Gonczi and Hager, A Guide to the Development of Competency Standards for Professions, Department of Employment, Education and Training, Canberra 1992.

It is in the interests of clients and the public that applicants for admission should be admitted to practise – and subsequently licensed and held out to the public as legal practitioners – only if they have acquired threshold competence to practise by completing appropriate academic and practical training. Before they are admitted to practise they must have the knowledge, values, attitudes and skills required to practise law competently. At the point of admission, each applicant will be expected to provide evidence that the applicant has achieved the competence required of an entry level legal practitioner in the following practice areas, skills and values:

The Law Admissions Consultative Committee considers that:

1. Every applicant seeking admission to practise should provide evidence that the applicant has attained the requisite competence specified by the competency standards whether the applicant has completed a practical legal training course, articles of clerkship, a Bar admission course or a combination of more than one of them.
2. An applicant should generally have undertaken the relevant practical legal training and demonstrated attainment of the requisite competence either in the final year of a law degree or after completing that degree, or a combination of both.
3. At whatever stage an applicant undertakes practical legal training, that training should be provided at a level equivalent to postgraduate training. It should build on the knowledge and understanding of the law, the legal system and legal practice which a graduate should have acquired by the end of an undergraduate law degree.
4. Diversity in the ways in which practical legal training is given should be encouraged, provided that the quality of the training is not compromised and remains the paramount consideration.
5. The training requires both programmed training and workplace experience. It requires an allocation of tuition hours and resources to curriculum which are appropriate as an equivalent of any of the following:

(a) a program of academic study at graduate diploma level which incorporates at least 90 hours of workplace training;

(b) 12 months (1800 work hours) of closely supervised full time indenture as an articled clerk incorporating at least 90 hours of programmed training;

(c) a non-award training course of at least 6 months (900 hours) of which at least 450 hours is programmed training and at least 90 hours is workplace experience.

When programmed training is delivered as distance training or in electronic form, it should be devised to require an input of time from an applicant of at least 450 hours.

In this paragraph:

programmed training means structured and supervised training activities, research and tasks with comprehensive assessment.

workplace experience means supervised employment in a law or law related work environment or equivalent unpaid engagement in such an environment.

1. While the competency standards propose minimum requirements for entry-level legal practitioners, they are not intended to discourage either wider, or more detailed, practical legal training.

7. The competency standards are designed, where possible, to allow:

(a) competence in one relevant area to be acquired in the course of acquiring competence in another relevant area; and

(b) practical legal training to be given in flexible and innovative ways, where this is desirable.

It follows that an applicant need not acquire the requisite competence in any particular practice area, skill or value by undertaking training in any predetermined area of practice or topic.

1. An applicant's competence in each practice area should be assessed in a way which allows the applicant, at the same time, to demonstrate competence in relevant skills and values.
2. Those who teach in practical legal training courses or who supervise the work of potential applicants for admission while they acquire competence in the relevant practice areas, skills and values should either have substantial recent experience practising law, or comparable relevant qualifications or experience.

10. Any program of practical legal training should:

(a) introduce a potential applicant for admission to Legal Aid and pro bono systems and schemes; and

(b) include practical experience in the use of current information technology.

1. A course providing components of practical legal training to potential applicants, including articles of clerkship, should have formal means of assessing whether, and certifying that, an applicant has achieved the requisite level of competence in the relevant practice area, skill or value.

12. Each admitting authority should:

(a) require any course providing components of practical legal training to potential applicants (other than articles of clerkship) to be approved by it; and

(b) monitor the provision of practical legal training (including articles of clerkship) to satisfy itself that the training is of an appropriate quality.

PART B – COMPETENCY STANDARDS

PRACTICE AREAS

CIVIL LITIGATION

Descriptor

An entry level legal practitioner must be able to conduct civil litigation in first instance matters in courts of general jurisdiction in a timely and cost-effective manner.

Explanatory Notes

This competency standard applies to first instance civil litigation in a State or Territory local lower or local higher court having general jurisdiction, and in the Federal Court.
Means by which a dispute might be resolved include, but are not limited to:

• − negotiation
• − mediation
• − arbitration
• − litigation
• − expert appraisal.

Means by which evidence might be gathered include:

• − statements from witnesses
• − notices to admit
• − discovery
• − subpoena
• − expert reports
• − certified official records, banker's books etc.

Means by which evidence might be presented include:

• − orally on oath
• − affidavits
• − video or telephone link.

Means of enforcement include:

• − execution process, including attachment of debts
• − taxation or assessment of costs
• − oral examination.

COMMERCIAL AND CORPORATE

Descriptor

An entry level legal practitioner must be able to conduct commercial transactions such as the sale or purchase of a small business. The legal practitioner must be able to: set up standard business structures using entities such as companies, trusts and partnerships; provide basic advice on finance and securities and the obligations of companies and their officers; appreciate the type of advice needed to assess the revenue implications of standard commercial transactions.

Explanatory Notes

This competency standard applies to commercial and corporate practice. It includes:

• − some common commercial transactions such as the sale or purchase of a small business
• − setting up standard business structures and entities, including companies
• − advising on the legal obligations of corporations and their officers
• − advising on due diligence investigations
• − identifying in a general way the possible revenue implications of standard commercial dealings and structures
• − drafting standard loan agreements and securities.

Business structures include:

• − trusts
• − private companies
• − partnerships
• − joint ventures
• − franchise arrangements.
• − Securities include:
• − bills of sale
• − chattel leases
• − loans agreements
• − guarantees, including guarantees from spouses.

Revenue implications include:

• − stamp duties
• − income tax
• − capital gains tax
• − GST
• − fringe benefits tax
• − land and property taxes.

PROPERTY LAW

Descriptor

An entry level legal practitioner must be able to convey, lease and mortgage real property. The legal practitioner must also be able to provide general advice on standard matters arising under legislation relating to land use in the particular State or Territory.

Explanatory Notes
This competency standard applies to dealings with interests in real and leasehold property, land use and securities. It must include:

• − contracts for sale of land, including special conditions
• − transferring title (or equivalent interest under the scheme of land title that exists in the particular State or Territory)
• − creating standard commercial leases
• − creating standard residential tenancies or leases
• − creating and releasing of mortgages
• − some aspect of land use.

This competency standard includes dealings under the main system of land title operating in the jurisdiction in which the legal practitioner practises. For example, in the Northern Territory it would include dealings under the Land Title Act and the Law of Property Act.
Aspects of land use might involve issues arising out of:

• − town planning schemes
• − local government by-laws
• − environment and heritage legislation
• − revenue and tax legislation.

This competency standard is limited to:

• − the main system of land title operating in a State or Territory
• − transactions an entry level legal practitioner would be expected to perform.

ADMINISTRATIVE LAW

Descriptor

An entry level legal practitioner who practises in administrative law must be able to: obtain information for clients under freedom of information legislation and otherwise; seek review of administrative decisions; represent parties before courts and administrative tribunals.

Explanatory Notes

This competency standard applies to State, Territory and Commonwealth administrative law and practice and to proceedings before both State or Territory and Federal courts and tribunals.

For an entry level legal practitioner, administrative law practice may be either an area of specialised practice or an ancillary part of general practice.

Preparing to represent a client in a court or tribunal may include drafting written submissions.

CRIMINAL LAW

Descriptor

An entry level legal practitioner who practises in criminal law must be able to: advise clients before arrest; seek bail; make pleas; participate in minor contested hearings; assist in preparing cases for trial.

Explanatory Notes
This competency standard applies to criminal law practice. It includes:

• − advising clients before and after arrest
• − making a simple bail application on behalf of an accused person
• − making a plea in mitigation of penalty in a simple matter
• − some aspect of preparing a matter for hearing, such as briefing counsel
• − participating in a minor contested hearing.

Criminal matters include:

• − traffic offences
• − domestic violence and apprehended violence orders
• − drink driving
• − drug offences.

FAMILY LAW

Descriptor

An entry level legal practitioner who practises in family law must be able to: apply for dissolution of marriage; advise and take action in relation to parenting matters, property settlements, spouse maintenance and child support problems.

Explanatory Notes
This competency standard applies to dissolution of marriage and ancillary matters arising from the breakdown of marriages or other domestic relationships. It includes:

• − applying for dissolution of marriage
• − managing an ancillary matter in a family court up to the first directions hearing.

Ancillary matters include:

• − parenting matters
• − property settlements
• − spouse maintenance
• − child support
• − domestic violence orders
• − injunctions and sole use orders
• − de facto relationship proceedings.

Acting includes:

• − participating in primary dispute resolution processes
• − informal negotiation
• − initiating or responding to court proceedings for urgent, interim or final relief.

CONSUMER LAW

Descriptor

An entry level legal practitioner who practises in consumer law must be able to: advise clients on the procedures and remedies available in relation to consumer complaints; represent the client in any related negotiations or proceedings.

Explanatory Notes

This competency standard applies to the practice of consumer law. It includes both State or Territory and Commonwealth consumer protection legislation and codes.
Consumer protection legislation includes State, Territory and Commonwealth legislation and codes dealing with:

• − trade practices
• − misleading and deceptive conduct
• − motor car traders
• − domestic building contracts
• − consumer credit
• − residential tenancies.

A consumer protection dispute includes disputes relating to:

• − trade practices
• − misleading and deceptive conduct
• − motor car traders
• − domestic building contracts
• − consumer credit
• − guarantees
• − residential tenancies.

A court or tribunal includes:

• − Federal courts
• − State and Territory courts
• − statutory tribunals
• − industry complaint panels
• − industry Ombudsmen.

EMPLOYMENT AND INDUSTRIAL RELATIONS

Descriptor

An entry level legal practitioner who practises in the area of employment and industrial relations must be able to: advise clients on the relevant law and procedures; represent clients in negotiations; initiate and respond to applications in relevant State or Territory and Federal courts and tribunals.

Explanatory Notes

This competency standard applies to the practice of employment and industrial relations law at both State or Territory and Federal levels.
A dispute may involve:

• − award negotiations
• − an industrial dispute relating to an individual employee or to a workplace or industry
• − an equal employment opportunity or anti-discrimination claim
• − a claim for unfair dismissal.

The means by which a dispute might be resolved include, but are not limited to:

• − negotiation
• − mediation
• − conciliation
• − arbitration
• − litigation.

Steps available to a client to avoid a dispute or to strengthen the client's position include:

• − altering internal employment practices and procedures
• − drafting and revising employment contracts
• − entering or revising enterprise bargaining agreements
• − altering individual employment contracts
• − taking disciplinary proceedings
• − allowing industrial representation.

PLANNING AND ENVIRONMENTAL LAW

Descriptor

An entry level legal practitioner who practises in planning and environmental law must be able to: advise clients on the relevant law; generally assist clients in the planning process; initiate or oppose applications in, and obtain and present relevant evidence before, appropriate courts or tribunals; represent clients in various forums.

Explanatory Notes

This competency standard applies to the practice of planning and environmental law under both State or Territory and Commonwealth legislation.

The client's rights and obligations include rights and obligations under statute and at common law.
A claim or dispute may include:

• − an application for or exemption from a permit, licence, approval or other authority
• − an objection, appeal or application for review in relation to such an application
• − a prosecution for breach of relevant legislation
• − civil action relating to planning or environmental issues, or both.

Preparation for providing representation in a court, tribunal or other statutory body may include:

• − drafting written submissions
• − briefing counsel.

WILLS AND ESTATES

Descriptor

An entry level legal practitioner who practises in wills and estates must be able to: draft wills; administer deceased estates; take action to solve problems in relation to wills and estates.

Explanatory Notes
This competency standard applies to wills and deceased estate practice. It must include:

• − drafting and advising on standard wills
• − obtaining an uncontested grant of letters of administration on an intestacy or probate if a will exists
• − administering a standard deceased estate
• − helping solve at least one common type of will or estate problem.

Wills and estates problems include:

• − testamentary capacity
• − construction
• − validity of the will
• − validity of gifts
• − assets outside the jurisdiction
• − revenue issues
• − family provision
• − mutual wills
• − trusts
• − informal wills
• − testamentary directions.

Follow up advice required may include:

• − the effects of marriage on a will
• − the effects of divorce on a will
• − storage options
• − revocation
• − modification
• − availability of associated documents such as enduring powers of attorney.

SKILLS

LEGAL PRACTITIONER'S SKILLS

Descriptor

An entry level legal practitioner must be able to demonstrate skills in the following: oral communication; legal interviewing; advocacy; negotiation and dispute resolution; letter writing; legal drafting.

Explanatory Notes

This competency standard applies to "composite" skills that require a legal practitioner to synthesise several generic skills and apply them in a specific legal context. Legal practitioners must be able to exercise such skills effectively.
Representation refers to advocacy on behalf of a client in court, tribunal or other forum. It includes:

• − an aspect of preliminary or pre-trial civil or criminal proceedings
• − an aspect of first instance trial advocacy in a simple matter
• − leading evidence-in-chief, cross-examination, re-examination and making submissions.

Dispute resolution options include:

• − negotiation
• − mediation
• − arbitration
• − litigation
• − expert appraisal.

PROBLEM SOLVING

Descriptor

An entry level legal practitioner must be able to: investigate and analyse facts and law; provide legal advice; solve legal problems.

Explanatory Notes
This competency standard applies to:

• − analysing facts
• − analysing legal and practical issues
• − analysing law
• − interpreting statutes
• − giving advice
• − solving problems in the context of legal practice.

Analysing law includes –
(a)  researching legal issues using:

• − law libraries
• − on-line searches
• − electronic data bases
• − legal citators and digests; and

(b)  applying principles of precedent.
Other issues include:

• − risk management
• − public relations
• − financial implications.

WORK MANAGEMENT AND BUSINESS SKILLS

Descriptor

An entry level legal practitioner must be able to manage workload, work habits and work practices in a way that ensures clients' matters are dealt with in a timely and cost-effective manner.

Explanatory Notes
This competency standard applies to the exercise of good work habits in a legal practice to ensure:

• − clients do not suffer loss or damage because of missed deadlines or neglect of a matter
• − clients are kept informed regularly and fully of the progress of their matter
• − clients' matters are dealt with in a cost-effective manner.

TRUST AND OFFICE ACCOUNTING

Descriptor

An entry level legal practitioner must have a sound general knowledge of the significance of and the principles governing trust and general accounting in legal practice, and sufficient knowledge, skills and values to maintain trust and general account records according to law and good practice to the extent usually permitted and expected of an employed legal practitioner.

Explanatory Notes

This competency standard applies to trust and general accounting. It requires a general knowledge of bookkeeping and knowledge of legal practitioners' trust account law and practice and auditing requirements in the legal practitioner's jurisdiction.

VALUES

ETHICS AND PROFESSIONAL RESPONSIBILITY

Descriptor

An entry level legal practitioner must act ethically and demonstrate professional responsibility and professional courtesy in all dealings with clients, the courts, the community and other legal practitioners.

Explanatory Notes
This competency standard applies to:

• − ethics
• − statutes and general law relating to the duties and obligations of legal practitioners
• − written and unwritten rules of professional conduct
• − written and unwritten rules of professional courtesy.

The duties and obligation imposed by law on legal practitioners include duties:

• − of confidentiality
• − to act competently and to maintain competence
• − to act honestly
• − not to mislead the court
• − not to pervert the course of justice or the due administration of justice.

Conflicts of interest commonly arise between:

• − joint venture partners
• − directors and shareholders of a company
• − trustees and beneficiaries in a family trust
• − parties to any transaction where their interests potentially differ.

Schedule 5

rule 30

REPEALED RULES

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION

3 LIST OF AMENDMENTS

r 15 sub No. 40, 2005, r 3

r 16 amd No. 40, 2005, r 4