Statutory Rules 1982 No. 119

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Practitioners Rules

WE, Justices of the High Court of Australia, hereby make the following Rules of Court under the Judiciary Act 1903.

Dated this 19th day of May 1982.

H. T. GIBBS

A. F. MASON

L. K. MURPHY

(L.S.)

K. A. AICKIN

R. D. WILSON

F. G. BRENNAN

Justices of the High Court of Australia

FRANK JONES

Registrar

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Citation

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

Repeal of Practitioners Admission Rules

2. Statutory Rules 1908 No. 35, 1913 No. 330, 1914 No. 148, 1939 No. 43 and 1978 No. 151 are repealed.

S. R. No. 133/82 Cat. No. —Recommended retail price 20c 7/31.5.1982

Interpretation

3. In these Rules, unless the contrary intention appears—

“Court” means the High Court;

“roll” means the roll of barristers and solicitors of the High Court continued in existence by rule 4.

Roll continued in existence

4. Notwithstanding the repeal of the Practitioners Admission Rules effected by rule 2, the roll of barristers and solicitors kept in pursuance of rule 22 of those Rules is, by virtue of this rule, continued in existence and shall be kept for the purposes of these Rules.

Power of Court to discipline practitioners on the roll

5. (1) Where it is proved to the satisfaction of the Court that the conduct of a barrister and solicitor whose name is on the roll has been such as to justify it in so doing, the Court may, by order—

(a) suspend the right of the barrister and solicitor to practise in federal courts for such period as the Court thinks proper; or

(b) direct that the name of the barrister and solicitor be removed from the roll.

(2) Where the Court makes an order under paragraph (1) (b)—

(a) the barrister and solicitor is no longer entitled to practise in any federal court; and

(b) the Registrar shall make such entries in the roll as are necessary to give effect to the order.

Suspension from practice until costs paid

6. Where the Court makes an order for the payment by the barrister and solicitor of the costs of the proceedings before the Court, the Court may, if it thinks fit, suspend the right of the barrister and solicitor to practise in federal courts while the costs remain unpaid.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 4 June 1982.

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