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Practitioners Admission Rules

SR 1908 No. 35 Rules/Other as amended, taking into account amendments up to SR 1978 No. 151
Registered 07 Apr 2010
Start Date 24 Aug 1978
End Date 04 Jun 1982
Date of repeal 04 Jun 1982
Repealed by Repealed by Practitioners Rules 1982 (SR 1982 No. 119)

PRACTITIONERS ADMISSION RULES
- Reprinted as at 30 June 1981 (HISTREG CHAP 3 #DATE 30:06:1981)

*1* The Practitioners Admission Rules (in force under the Judiciary Act 1903) as shown in this reprint comprise Statutory Rules 1908 No. 35 as amended by the
other Statutory Rules specified in the following table:
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Date of Application,
saving
notification Date of or transitional
Year and number in Gazette commencement provisions
---------------------------------------------------------------------------- 1908 No. 35 28 Mar 1908 28 Mar 1908
1913 No.330 20 Dec 1913 20 Dec 1913 -
1914 No. 148 17 Oct 1914 17 Oct 1914 -
1939 No. 43 1 June 1939 1 June 1939 -
1978 No. 151 24 Aug 1978 24 Aug 1978 -
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PRACTITIONERS ADMISSION RULES - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Rule

1. Citation

2. Admission of Federal practitioners

3. The Board

4. Secretary

5. Students-at-law

6. Qualification of students-at-law
Evidence of passing preliminary examination

7. Application for admission as students-at-law

8. Admission

9. Duration of studentship-at-law

10. Students-at-law to reside in Commonwealth

11. Intermediate and Final Examinations

12. Evidence of passing Intermediate Examination

13. Time for Intermediate Examination

14. Time for Final Examination

15. Subjects of Final Examination

16. Evidence of passing Final Examination

16A. Appointments to conduct examinations

17. Exemption from examination

18. Certificate

19. Students-at-law to attend High Court

20. Students' Attendance Book

21. Defining time for Final Examination

21A. Status qualifying for admission as student-at-law

22. Admission

22A. Evidence of good fame and character

23. Appeal from Board

24. Removal and suspension

25. Fees

26. Application of fees

27. Admission of persons with external qualifications

28. Cessation of Admission of students and examinations


THE SCHEDULE


Forms


PRACTITIONERS ADMISSION RULES - SECT. 1.
Citation

1. These Rules may be cited as the Practitioners Admission Rules.*1*


See notes to first article of this CHAPTER.

PRACTITIONERS ADMISSION RULES - SECT. 2.
Admission of Federal practitioners

2. In addition to the persons entitled to practise in Federal Courts as barristers and solicitors by virtue of the Judiciary Act 1903, persons may become entitled so to practise upon compliance with the provisions of these Rules.


PRACTITIONERS ADMISSION RULES - SECT. 3.
The Board

3. There shall be a Board called the Commonwealth Practitioners Board constituted as follows:

The members of the Board shall be the Attorney-General, the Secretary to the Attorney-General's Department, the Principal Registrar, and such practising barristers or solicitors as the Chief Justice may from time to time appoint by writing under his hand.


Three members of the Board shall form a quorum.


The Board may delegate all or any of its powers to a Committee or Committees consisting wholly or in part of members of the Board.


PRACTITIONERS ADMISSION RULES - SECT. 4.
Secretary

4. The Board shall appoint a Secretary.


PRACTITIONERS ADMISSION RULES - SECT. 5.
Students-at-law

5. A person desirous of being admitted to practise in Federal Courts as a barrister and solicitor by virtue of these Rules must first be admitted by the Board as a Federal student-at-law.


PRACTITIONERS ADMISSION RULES - SECT. 6.
Qualification of students-at-law

6. The following persons only shall be eligible for admission as Federal students-at-law, that is to say natural-born or naturalized British subjects who are either-

(a) Graduates in arts, law, medicine or science, who in some University in the British Dominions, or in some other University approved by the Board, have obtained their degree after examination:

(b) Persons who have passed a preliminary examination which is recognized by the Board as sufficient.


Evidence of passing preliminary examination The following examinations may be so recognized, that is to say:

An examination in Latin, English, Geometry, Algebra, History, and some one of the following subjects, namely-

(a) Greek,

(b) the French language and Literature,

(c) the German language and Literature,

(d) Logic,

which is conducted by any University or Board constituted under the law of any State, so that the standard or proficiency required be not inferior to the standard required for the purpose of Matriculation in some University in the Commonwealth, so far as the same is applicable to those subjects respectively.


PRACTITIONERS ADMISSION RULES - SECT. 7.
Application for admission as students-at-law

7. A person desiring to become a Federal student-at-law must send or deliver to the Secretary of the Board a written notice in Form 1 in the Schedule to these Rules, together with certificates in the Forms 2 and 3, and satisfactory evidence of having obtained such degrees or of having passed such examinations as aforesaid, which shall be submitted to the Board or a Committee thereof duly appointed for that purpose.


PRACTITIONERS ADMISSION RULES - SECT. 8.
Admission

8. If the Board or Committee is satisfied, they shall admit the applicant as a student-at-law, and he shall thereupon sign in a book, which shall be kept for that purpose in the Registry of the High Court in each State, a declaration in Form 4 in the Schedule, and the Board shall then grant him a certificate, in Form 5, of his admission as a student-at-law.


PRACTITIONERS ADMISSION RULES - SECT. 9.
Duration of studentship-at-law

9. A student-at-law shall not be admitted as a barrister and solicitor before the expiration of a period, reckoned from the time of his admission as a student-at-law, which shall be as follows:

i-If at that time he was a graduate in laws, one year; ii-If at that time he was a graduate in arts, medicine, or science, two years; iii-In any other case three years.


PRACTITIONERS ADMISSION RULES - SECT. 10.
Students-at-law to reside in Commonwealth

10. During studentship, the student-at-law must be a bona fide resident within the Commonwealth.


PRACTITIONERS ADMISSION RULES - SECT. 11.
Intermediate and Final Examinations

Amended by 1914 No. 148 r. 1
11. Before admission as a barrister and solicitor, the student-at-law must pass two further examinations, called respectively the Intermediate Examination and the Final Examination, or produce to the Board evidence that he is entitled to dispensation from such examinations as hereinafter prescribed.


PRACTITIONERS ADMISSION RULES - SECT. 12.
Evidence of passing Intermediate Examination

Amended by 1914 No. 148 r. 2
12. The subjects of the Intermediate Examination shall be Jurisprudence (including Roman Law) and Constitutional History and Law; Certificates of having passed examinations in such subjects, conducted by any University or Board constituted under the laws of any State, so that the standard of proficiency required for passing such examination be such as the Board may recognize as sufficient, shall be deemed sufficient evidence of having passed the Intermediate Examination.


PRACTITIONERS ADMISSION RULES - SECT. 13.
Time for Intermediate Examination

13. A student-at-law may pass the Intermediate Examination at any time after his admission as such student.


PRACTITIONERS ADMISSION RULES - SECT. 14.
Time for Final Examination

14. The space of one year at least must intervene between the passing of the Intermediate and the passing of the Final Examination.


PRACTITIONERS ADMISSION RULES - SECT. 15.
Subjects of Final Examination

15. The subjects of the Final Examination shall be as follows:

Section i-The Law of Real and Personal Property, Equity, Admiralty, Insolvency, Probate, and Divorce. Section ii-The Law of Contracts, the Law of Torts, Criminal Law, the Law of Evidence. Section iii-Private International Law. Section iv-The Constitutions of the Commonwealth and the States, the Statutes of the Commonwealth, the Jurisdiction and Practice of the High Court.


PRACTITIONERS ADMISSION RULES - SECT. 16.
Evidence of passing Final Examination

Amended by 1914 No. 148 r. 3
16. Certificates of having passed examinations in any of the subjects in Sections i, ii, and iii conducted by any University or Board constituted under the laws of any State so that the standard of proficiency required for passing such examination be such as the Board may recognize as sufficient, shall be sufficient evidence of having passed the Final Examination in those subjects.


PRACTITIONERS ADMISSION RULES - SECT. 16A.
Appointments to conduct examinations

Inserted by 1914 No. 148 r. 4
16A. Examinations shall be conducted by persons appointed by the Board for that purpose.


PRACTITIONERS ADMISSION RULES - SECT. 17.
Exemption from examination

17. A student-at-law who is a graduate in laws of any University in the British Dominions shall not be required to pass the Intermediate Examination, nor to pass in Sections i, ii, and iii of the Final Examination.


A student-at-law desiring to take advantage of this Rule must submit to the Board evidence of his exemption at or before the time at which he would otherwise have been required or permitted to pass the examination.


PRACTITIONERS ADMISSION RULES - SECT. 18.
Certificate

Amended by 1914 No. 148 r. 5
18. When the Board is satisfied that a student-at-law has passed an examination, or is entitled to exemption from any examination, they shall deliver to him a certificate to the effect of Form 6 or Form 7.


PRACTITIONERS ADMISSION RULES - SECT. 19.
Students-at-law to attend High Court

19. Every student-at-law shall, during the period of his studentship, attend the sittings of the High Court held in the State in which he is from time to time present as often as it is reasonably practicable for him to do so.


PRACTITIONERS ADMISSION RULES - SECT. 20.
Students' Attendance Book

20. A Students' Attendance Book shall be kept at each Registry of the High Court, and every student attending the Court shall sign his name in the book on each occasion of his attendance.


PRACTITIONERS ADMISSION RULES - SECT. 21.
Defining time for Final Examination

21. If the Board is not satisfied that a student-at-law has complied with the provisions of Rule 19, it may refuse to allow him to come up for Final Examination for such period as they may think fit, and may impose such conditions as to his future attendance in Court as they may think fit.


PRACTITIONERS ADMISSION RULES - SECT. 21A.
Status qualifying for admission as student-at-law

Inserted by 1914 No. 148 r. 6
21A. The following persons that is to say:

(1) Every person who satisfies the Board that he has-

(a) completed a period of ten years' service as an officer in a Registry of the High Court, and that he has, during the last five of such ten years, been entrusted with duties requiring professional knowledge of law; or

(b) completed a period of ten years' service as a Clerk in the Office of the Crown Solicitor for the Commonwealth (including any Branch Office at the Capital of a State), and that he has during the last five of such ten years, been in charge of a sub-department of the Office, and entrusted therein with duties requiring professional knowledge of law; or

(c) completed a like period of ten years' service partly in a Registry of the High Court and partly in the Office of the Crown Solicitor for the Commonwealth, and has, during the last five of such ten years, been charged with such duties as aforesaid:

(2) Every person who satisfies the Board that he has completed a period of five years' service as an officer in a Registry of the High Court or in the Office of the Crown Solicitor for the Commonwealth (including any Branch Office at the capital of a State), or partly in a Registry of the High Court and partly in such office, and that he has, for the last two years of such period, been Chief Clerk or Clerk in Charge of a Branch Office, shall have the status and shall be entitled to the privileges of a student-at-law who has passed the Intermediate Examination, and shall be entitled to submit himself at any time thereafter for the Final Examination, but shall not otherwise be subject to the foregoing provisions of these Rules imposing obligations upon students-at-law.


PRACTITIONERS ADMISSION RULES - SECT. 22.
Admission

22. When a student-at-law has passed his Final Examination, the Board shall, upon his application, proceed to consider whether he is entitled to admission as a barrister and solicitor under these Rules, for which purpose they may require him to furnish such evidence as they think fit. If the Board are satisfied, they shall grant him a certificate in Form 8, and thereupon he shall be entitled, upon payment of the prescribed fee, and upon motion made in open Court at any sitting of the High Court at which he is present, to be admitted as a barrister and solicitor of the High Court. Upon admission he shall sign a roll to be kept for that purpose.


PRACTITIONERS ADMISSION RULES - SECT. 22A.
Evidence of good fame and character

Inserted by 1914 No. 148 r. 6
22A. The Board shall, before granting a certificate in Form 8 to any of the persons mentioned in Rule 21A, require satisfactory evidence to be furnished that such person is of good fame and character, and fit to be admitted to practise as a barrister and solicitor.


PRACTITIONERS ADMISSION RULES - SECT. 23.
Appeal from Board

23. A student-at-law dissatisfied with any decision of the Board may appeal to the High Court or a Justice, and the Court or Justice may allow or dismiss the appeal or make such order as may be just.


PRACTITIONERS ADMISSION RULES - SECT. 24.
Removal and suspension

24. The High Court may, upon motion in open Court, order the name of a student-at-law to be removed from the list of students-at-law, or order the name of a barrister and solicitor admitted under these Rules to be struck off the roll, or order a barrister and solicitor to be suspended from practice for such period and on such terms as may be just.


PRACTITIONERS ADMISSION RULES - SECT. 25.
Fees

Amended by 1914 No. 148 r. 7
25. The following fees shall be payable under these Rules:

pounds s. d. On application for Certificate of Admission as a student-at-law . 5 5 0 On application for exemption from Intermediate Examination . . . 1 1 0 On application for Intermediate or Final Examination . . . . . . 5 5 0 On Certificate of having passed Final Examination . . . . . . . . 1 1 0 On Certificate for admission as a barrister and solicitor . . . . 52 10 0

PRACTITIONERS ADMISSION RULES - SECT. 26.
Application of fees

Substituted by 1939 No. 43 r. 1
26. All such fees shall be paid to the Secretary of the Board and shall be applied by him under the direction of the Board firstly in defraying any expenses incurred in the execution of these Rules, including any fees paid to examiners appointed by the Board, and secondly in the purchase of books for the libraries of the federal Courts or Courts of a Territory under the control of the Commonwealth.


PRACTITIONERS ADMISSION RULES - SECT. 27.
Admission of persons with external qualifications

Inserted by 1913 No. 330
27. Persons qualified to practise as barristers or solicitors of the Superior Courts of the United Kingdom or of any self-governing part of the British Empire may, if the Court deems that special and sufficient reason exists, be admitted on motion to practise as barristers or solicitors of any Federal Court.


PRACTITIONERS ADMISSION RULES - SECT. 28.
Cessation of admission of students and examinations

Inserted by 1978 No. 151
28. Notwithstanding anything to the contrary in the preceding provisions of these Rules-

(a) the Board or a Committee shall not admit a person as a student-at-law after the commencement of this rule; and

(b) a student-at-law or person to whom rule 21A applies may not undertake an examination referred to in rule 11 after 31 December 1979.


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PRACTITIONERS ADMISSION RULES - SCHEDULE

SCH

THE SCHEDULE

FORM 1

Notice of Desire to become a Student-at-law

To the Commonwealth Practitioners Board.


I, , of (add residence and occupation) do hereby declare that I am desirous to become a student-at-law for the purpose of
being admitted to practise as a barrister and solicitor in the High Court of
Australia.


The particulars given below are true to the best of my knowledge and belief.


Dated the day of 19 .


(Signed)
(1) Name of candidate:
(2) Residence:
(3) Occupation:
(4) Name of father:
(5) Residence of father:
(6) Profession or calling of father:
(7) Date and place of birth:

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FORM 2

Certificate of Three Householders to accompany Form 1

To the Commonwealth Practitioners Board.


We, the undersigned householders, resident in , certify that we have known , who now resides at , for years.
We believe him to be a person of good fame and character, and to be a fit
person to be admitted as a student-at-law of the High Court of Australia.


Dated this day of 19 . (Signed) A.B. C.D. E.F.


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FORM 3

Certificate by Two Practising Barristers or Solicitors on the Commonwealth
Registry, to accompany Form 2

To the Commonwealth Practitioners Board.


We certify that we know , and that we believe him to be a fit person to be admitted as a student-at-law of the High Court of Australia.


Dated this day of 19 . (Signed) A.B. C.D. Practising Barristers or Solicitors of the said Court.


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FORM 4

Declaration

I, , do sincerely promise that I will obey the Rules of the High Court of Australia, so far as they may apply to me.


Dated this day of 19 . (Signed)
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FORM 5

Board's Certificate of Admission as Student-at-law

This is to certify that A.B., of has complied with the Rules as to the admission of students-at-law of the High Court of Australia.


Dated this day of 19 . C.D. Secretary of the Commonwealth Practitioners Board.


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FORM 6

Board's Certificate as to Intermediate or Final Examinations

This is to certify that A.B., of , has passed the examination prescribed by the Rules relating to the admission of barristers and solicitors to practise in the High Court of
Australia.


Dated this day of 19 . C.D. Secretary of the Commonwealth Practitioners Board.


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Amended by 1914 No. 148 r. 8

FORM 7

Board's Certificate as to Exemption from Examination or from Examination in
Certain Subjects

This is to certify that A.B., of , has satisfied the Board
that he is entitled to exemption from the Intermediate Examination (or the Final Examination in sections ) under the Rules relating to the admission of
barristers and solicitors to practise in the High Court of Australia.
Dated this day of 19 . C.D. Secretary of the Commonwealth Practitioners Board.


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FORM 8

Board's Certificate of Compliance with Rules

This is to certify that A.B., of , has complied with the Rules relating to the admission of barristers and solicitors to practise in the
High Court of Australia.
Dated this day of 19 . C.D. Secretary of the Commonwealth Practitioners Board.


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