Supreme Court Amendment (Admission) Rules 200820 November 2008
We, the Honourable Ewan Charles Crawford, Chief Justice, and the Honourable Pierre William Slicer, the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, the Honourable Shan Eve Tennent and the Honourable David Porter, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932 .
These Rules of Court may be cited as the Supreme Court Amendment (Admission) Rules 2008 .
These Rules of Court take effect on the day on which Chapter 2.2 of the Legal Profession Act 2007 commences.
In these Rules of Court, the Supreme Court Rules 2000 are referred to as the Principal Rules.
4. Part 32, Division 2AA inserted
After rule 783 of the Principal Rules , the following Division is inserted in Part 32:Division 2AA - Proceedings under the Legal Profession Act 2007783AA. Interpretation of Division 2AA of Part 32
In this Division –acceptable deponent, in relation to an applicant, means a person who is not married to the applicant, in a significant relationship, within the meaning of the Relationships Act 2003 , with the applicant or a close blood relative of the applicant and –(a) is a commissioner for declarations pursuant to section 12 of the Oaths Act 2001 and has known the applicant for a period of not less than 12 months; or(b) has an occupation in an overseas jurisdiction, or is authorised to practise in a profession in an overseas jurisdiction, that is substantially equivalent to one that would qualify the person as a commissioner for declarations pursuant to section 12(2) of the Oaths Act 2001 and has known the applicant for a period of not less than 12 months; or(c) is, or was, employed at a secondary or tertiary teaching institution and taught the applicant for not less than the equivalent of one year of tertiary studies, or one of the two final years of secondary studies; or(d) is a person determined by the Court to be an acceptable deponent;admission means admission to the legal profession under the admitting Act;admitting Act means the Legal Profession Act 2007 ;application for a declaration of suitability means an application made under section 27 of the admitting Act;Board has the same meaning as in the admitting Act;Board of Legal Education certificate means a certificate or document that –(a) states the person specified in the certificate or document has the academic qualifications and practical legal training required for admission; and(b) is issued or given under the Legal Profession (Board of Legal Education) Rules 1994 ;local applicant means a person who –(a) has not previously been admitted to the legal profession in any jurisdiction in Australia; and(b) wishes to be admitted on the basis of academic qualifications and practical legal training obtained wholly or principally in Australia;overseas practitioner means a person who –(a) is admitted to the legal profession in a jurisdiction other than Australia; and(b) at the time of the application for admission under the admitting Act, is entitled to practise as a legal practitioner in a place outside Australia;qualified overseas applicant means a person who –(a) has not previously been admitted to the legal profession in any jurisdiction; and(b) wishes to be admitted on the basis of academic qualifications and practical legal training obtained wholly or principally outside Australia;relevant matter – see rule 783AB ;suitability matter has the same meaning as in the admitting Act.(1) A relevant matter is a matter, other than a suitability matter, which a reasonable applicant under this Division may consider would affect whether or not the Court believes the applicant is a fit and proper person for admission.(2) Without limiting the generality of subrule (1) , relevant matters may include the following matters:(a) any outstanding charges for criminal offences against the applicant;(b) if the applicant is, or has been, the subject of disciplinary action, however described, arising out of conduct in attaining academic qualifications or completing practical legal training;(c) any prior unsuccessful application by the applicant for admission in any jurisdiction including Tasmania;(d) if the applicant suffers from an illness or condition which would affect his or her ability to adequately or safely perform the duties and responsibilities of a practitioner.783AC. Notice of intention to apply for admission
(1) An applicant for admission must cause a notice of intention to apply for admission to be published –(a) in a newspaper circulating generally in the district of the Court where the application is to be heard; and(b) in one other relevant newspaper.(2) A notice of intention to apply for admission is to be –(a) in the prescribed form; and(b) published not less than one month and not more than 3 months before the hearing of the application.(3) For the purposes of subrule (1)(b) , a relevant newspaper is –(a) for an application to be heard in Hobart, a newspaper circulating generally in the northern region or the north-western region; or(b) for an application to be heard in Launceston or Burnie, a newspaper circulating generally in the southern region.783AD. Application for admission
(1) An application for admission must be commenced by an originating application to the Court.(2) Not less than 14 days before the hearing of an application for admission, the applicant must file and serve the originating application and supporting documents on –(a) the Board; and(b) the Law Society.783AE. Documents supporting application for admission
(1) If an applicant for admission is a local applicant, the following documents are required in support of the application:(a) an affidavit by the applicant in the prescribed form –(i) addressing each of the suitability matters; and(ii) addressing any relevant matters; and(iii) to which is annexed –(A) the published notice, or a copy of the published notice, required by rule 783AC ; and(B) the Board of Legal Education certificate; and(C) a report from the Commissioner of Police setting out the applicant's criminal record, if any, in this or any other Australian jurisdiction prepared not more than 6 months before the date of swearing of the affidavit;(b) two affidavits as to character in the prescribed form, each made by an acceptable deponent;(c) any other affidavits, reports, certificates or documents required by the Court.(2) If an applicant for admission is a qualified overseas applicant, the following documents are required in support of the application:(a) an affidavit by the applicant in the prescribed form –(i) addressing each of the suitability matters; and(ii) addressing any relevant matters; and(iii) to which is annexed –(A) the published notice, or a copy of the published notice, required by rule 783AC ; and(B) the Board of Legal Education certificate; and(C) unless the Court determines otherwise, a report from the police in the overseas jurisdiction where the applicant obtained the academic qualification and practical legal training on which he or she relies, setting out the applicant's criminal record, if any, prepared not more than 2 years before the date of swearing of the affidavit;(b) two affidavits as to character in the prescribed form, each made by an acceptable deponent;(c) any other affidavits, reports, certificates or documents required by the Court.(3) If an applicant for admission is an overseas practitioner, the following documents are required in support of the application:(a) an affidavit by the applicant in the prescribed form –(i) addressing each of the suitability matters; and(ii) addressing any relevant matters; and(iii) to which is annexed –(A) the published notice, or a copy of the published notice, required by rule 783AC ; and(B) the Board of Legal Education certificate; and(C) unless the Court determines otherwise, a report from the police in the overseas jurisdiction where the applicant is a local legal practitioner, setting out the applicant's criminal record, if any, prepared not more than 2 years before the date of swearing of the affidavit;(b) two affidavits as to character in the prescribed form, each made by an acceptable deponent who is an overseas practitioner and with whom the applicant has associated during his or her work in the legal profession;(c) any other affidavits, reports, certificates or documents required by the Court.(4) The Court may request that an applicant arrange that a certificate or document required under this rule be provided to the Court by the authority or institution that provides or issues the certificate or document.783AF. Application for declaration of suitability
(1) An application for a declaration of suitability must be commenced by originating application to the Court.(2) Not less than 14 days before the hearing of an application for a declaration of suitability, the applicant must file and serve the originating application and supporting documents on –(a) the Board; and(b) the Law Society.(3) The following documents are required to support the application under this rule:(a) an affidavit by the applicant in the prescribed form addressing –(i) each of the suitability matters; and(ii) any relevant matters;(b) two affidavits as to character in the prescribed form, each made by an acceptable deponent;(c) any other affidavits, reports, certificates or documents required by the Court.783AG. Effect of declaration of suitability on application for admission
(1) If the Court makes a declaration under section 27 of the admitting Act, the affidavit of the applicant required under rule 783AE must, in addition to the requirements of that rule –(a) specify that a declaration has been made by the Court under section 27 of the admitting Act; and(b) have annexed –(i) a copy of the application for a declaration of suitability including the supporting documents; and(ii) a copy of the declaration.(2) If an affidavit as to character required under rule 783AE is prepared by the same person who made an affidavit under rule 783AF(3)(b) , the affidavit made under rule 783AE is to specify –(a) whether or not the deponent's opinion of the applicant has changed since the affidavit under rule 783AF(3)(b) was made; and(b) give details of any such changes.783AH. Affidavit of service of application under this Division
Not less than 7 days before the hearing of an application under this Division, the applicant must file an affidavit of service in the prescribed form to which is annexed –(a) an acknowledgment of service of the application and the supporting documents signed by the Board; and(b) an acknowledgment of service of the application and the supporting documents signed by the Law Society.The Court may make such inquiries as it thinks fit into any application made under this Division including, but not limited to, whether the applicant is a fit and proper person for admission in Tasmania.A person who is found to have the qualifications and training required for admission, and to be a fit and proper person for admission, must take and subscribe the oath in the prescribed form.783AK. Compliance with former rules
If an application for admission was validly filed with the Court before the commencement of this Division, the application is to be considered and determined as if this Division had not yet commenced.
E. C. CRAWFORD
Chief Justice
P. W. SLICER
Puisne Judge
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
Countersigned,
E. A. KNIGHT
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 November 2008
These Rules of Court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These Rules of Court amend the Supreme Court Rules 2000 by specifying the procedure for admission to the Supreme Court under the Legal Profession Act 2007 .