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©State of Queensland

RULES OF COURT

Rules Relating to the Admission of Solicitors of the Supreme Court

of Queensland

Published in Queensland Government Gazette, dated 16th April, 1968, Vol. CCXXVII, No. 67, Pages 1512-44.

"Solicitors' Admission Rules, 1968"

The following Rules incorporate all amendments made up to and including the 31st December, 1975.

Published by THE INCORPORATED COUNCIL OF LAW REPORTING FOR THE STATE OF QUEENSLAND, Supreme Court Brisbane,

1976.

1 [S.

*"THE SOLICITORS' ADMISSION RULES, 1968"

ORDER IN COUNCIL

At the Executive Buildings, Brisbane, the eleventh day of April, 1968

Present:

His Excellency the Governor in Council

WHEREAS, by "The Supreme Court Act of 1921," it is enacted that the Governor in Council, with the consent of two or more of the Judges, may from time to time by Order in Council published in the Gazette, make all such Rules of Court as may be deemed necessary or convenient for regulating the procedure and practice of the Supreme Court and for the purpose of giving full effect to "The Judicature Act" and "The Supreme Court Act of 1921" and any other Act conferring jurisdiction, power, or authority on the Court: Now, therefore, His Excellency the Governor, acting by and with the advice of the Executive Council and with the concurrence of the required number of Judges, doth hereby make the following Rules of Court.

And the Honourable the Minister for Justice and Attorney-General is to give the necessary directions herein accordingly.

C. H. CURTIS, Clerk of the Council.

RULES OF COURT RULES RELATING TO THE ADMISSION OF

SOLICITORS OF THE SUPREME COURT OF QUEENSLAND

PART I-PRELIMINARY

1. These Rules are divided into Parts and Divisions as follows:

PART I-PRELIMINARY (Rules 1-3); PART 2-THE SOLICITORS' BOARD (Rules 4-15);

*Published in Queensland Government Gazette, dated 16th April, 1968, Vol. CCXXVII, No. 67, pages 1513-44.

S.] 2

PART 3-QUALIFICATIONS (Rules 16-19); Division l-lntroductory (Rule 16); Division 2-Candidates Obtaining an Approved Degree in Law (Rule

17); Division 3-Candidates Taking the Solicitors' Board Examinations

(Rules 18-19);

PART 4-PROVISIONS RELATING TO PRACTICAL TRAINING (Rules 20-42);

Division !-Articles of Clerkship (Rules 20-35); Division 2-Judge's Associates and Judge's Clerks (Rules 36-39); Division 3-Managing Clerks (Rules 40-42);

PART 5-THE SOLICITORS' BOARD EXAMINATIONS (Rules 43-66); Division l-Scope (Rules 43-46); Division 2-Enrolment (Rules 47-50); Division 3-Examinations (Rules 51-57); Division 4--Examiners and Supervisors (Rules 58-63); Division 5-Misconduct of Candidate (Rule 64) ; Division 6-Results of Examinations (Rules 65-66);

PART 6-ADMISSION (Rules 67-73);

PART 7-CONDITIONAL ADMISSION OF PERSONS ADMITTED AS SOLICITORS OUTSIDE QUEENSLAND (Rules 74-76);

PART 8-TRANSITIONAL PROVISIONS (Rules 77-86);

PART 9-FEES (Rules 87-91);

PART !~MISCELLANEOUS (Rules 92-97);

PART 11-CANDIDATES QUALIFYING FOR ADMISSION UNDER "THE LEGAL PRACTITIONERS ACTS, 1881 TO 1965," OR ANY AMENDMENT THEREOF (Rule 98).

2. In these rules, unless the context otherwise indicates:-"Admission" means admission to practise as a solicitor of the Supreme

Court of Queensland and "admitted" has a corresponding meaning; "Approved degree in law" means a degree in law granted by a Uni

versity and approved by the Board as an academic qualification for admission;

"Board" means the Solicitors' Board constituted under these Rules; "Court" means the Supreme Court of Queensland; "First Schedule" means the First Schedule to these Rules; "Form" means form in the Second Schedule; "Judge" means a Judge or acting Judge of the Supreme Court of

Queensland; "Judge of the District Court" means a Judge of the District Court of

Queensland and includes an Acting Judge thereof;

3 [S.

"Judge's Associate" means a duly appointed Associate to a Justice or Acting Justice of the High Court of Australia, or a duly appointed Associate to a Judge or Acting Judge of the Supreme Court of Queensland;

"Judge's Clerk" means a duly appointed Clerk to a Judge or Acting Judge of the District Court of Queensland;

"Managing Clerk" means any person who has, as clerk to and under the immediate direction and supervision of a solicitor practising in Queensland, directed not less than one clerk (not being a typist or office boy or messenger) in the employ of the Solicitor and managed( a) The practice of the solicitor; or (b) the common law or conveyancing department, and, in either

case some other department, of such practice; or (c) the common law or conveyancing department of such practice

in case the transactions of the department have been of so extensive and varied a character as to have required the whole of his time and attention thereto;

"Minister" means the Minister for Justice and Attorney-General or other Minister of the Crown for the time being charged with the administration of these Rules: The term inCludes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of these Rules;

[Government Gazette 14th December 19681 "Prescribed" means prescribed by these Rules or by the Board; "Registrar" means the Registrar of the Supreme Court at Brisbane;

"Rules of 1898" means the Rules relating to the Admission of Solicitors of the Supreme Court of Queensland in force on the thirty-first day of December, 1961;

"Rules of 1961" means the Rules relating to the Admission of Solicitors of the Supreme Court of Queensland in force on the thirty-first day of December, 1967;

"Second Schedule" means the Second Schedule to these Rules; "Secretary" means the secretary of the Board for the time being; "Solicitor" means a solicitor of the Supreme Court of Queensland; "The Judges" means three or more Judges of the Supreme Court of

Queensland, of whom the Chief Justice, or Acting Chief Justice, is one.

3. (1) These Rules may be cited as "The Solicitors' Admission Rules, 1968".

(2) These Rules shall come into force on the First day of May, 1968, and on that date the Rules of 1898 and the Rules of 1961 shall, subject to these Rules, be repealed.

PART 2-THE SOLICITORS' BOARD

4. There shall be a Board, constituted as hereinafter provided, and called "The Solicitors' Board".

S.] 4

5. The members of the Board shall be the Registrar ", an officer of the Department of Justice appointed from time to time in that behalf by the Minister"; [Government Gazette 14th December 1968] and five other persons each of whom shall be a practising barrister of the Court or a practising solicitor of at least five years standing. Three of such persons shall be annually nominated by the Judges in the month of December and two shall be annually nominated by the Council of the Queensland Law Society Incorporated in the month of December. The Board as so constituted shall hold office from the first day of January to the thirty-first day of December in the same year.

6. A nominated member of the Board may resign his office. If such a member resigns or dies or is absent from meetings of the Board for a continuous period of six months without the leave of the Board, or is disbarred or struck off the roll of solicitors or suspended from practice as a barrister or solicitor, he shall cease to be a member of the Board, and his place shall be filled by the nomination by the Judges of another barrister or solicitor of like standing, who shall hold office until the next ensuing thirty-first day of December.

7. The Registrar shall be the chairman of the Board. If he is absent from any meeting after a quorum has been formed, the members present shall elect a chairman for that meeting. All documents requiring signature on behalf of the Board in connection with the business of the meetings shall be signed by the chairman of the meeting.

8. Three members shall be a quorum for a meeting of the Board. All questions arising at any meeting shall be decided by a majority of the votes of the members present, including the chairman of the meeting. In case of equality of votes the chairman shall have a casting vote.

9. Subject to these Rules, the Board may make regulations for the conduct of its business.

10. (1) The Board may appoint a Secretary, and such assistant or acting or temporary secretaries as it thinks fit.

(2) The Board may fix the remuneration and determine the conditions of employment and duties of any person holding any such appointment.

(3) The Board may remove from office any person holding any such appointment.

( 4) Until another Secretary is appointed, the Librarian of the Supreme Court shall be the Secretary of the Board.

11. Meetings of the Board shall be convened by the secretary as occasions require. The Secretary shall post or deliver to each member, so as to reach him not less than twenty-four hours before the time appointed for holding a meeting, a written notice stating the time and place of the meeting. The omission to post or deliver any such notice in sufficient time or at all, or the non-receipt thereof, shall not affect or prejudice anything done or agreed to at any meeting.

12. The Secretary shall, when instructed in writing by the Chairman or any two members so to do, convene a special meeting of the Board.

13. If a quorum is not present within fifteen minutes of the time for

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which a meeting is convened, the meeting may be adjourned to such time and place as the members present may determine. ·

14. No resolution arrived at, or act, matter, or thing done or authorised by or at any meeting, shall be rescinded or amended at any subsequent meeting unless notice of motion to ·rescind or amend it is given in the notice convening the subsequent meeting.

15. Minutes of the proceedings of each meeting of the Board shall be kept by the Secretary and signed by the Chairman of that meeting or of a subsequent meeting. ·

PART 3-QUALIFICATIONS Division 1-lntroductory

16. Subject to the provisions of any Statute relating to admission and to the provisions of these Rules, a person may not . be admitted unless he is a British subject aged twenty-one years or more and of good fame, and has qualified for admission-

( 1) under the provisions of Rule. 17 of these Rules; or.· (2) under the provisions of Rule 18 of these Rules; or (3) under the provisions of Rule 74 of these Rules; or ( 4) under the provisions of "The Legal Practitioners Acts, 1881 to

1965," or any amendment thereof · and has otherwise complied with such of the provisions of these Rules and of any Statute or Rule of Court relating to qualification and admission as may be applicable to his case.

Division 2-Candidates Obtaining an Approved Degree in Law 17. A candidate to qualify for admission by obtaining an approved

Degree in Law shall: ( 1) Be admitted to an approved Degree in Law; in the case of the

University of Queensland such Degree shall consist of the Candidate having passed examinations conducted by the University of Queensland in the following subjects or their equivalent: Introduction to Law, Criminal Law, Constitutional Law, Torts, Contract, Equity, Succession, Land Law~ Commercial Law, Practice, Securities, Drafting, Family Law, Company Law, Evidence, and (after the first day of November, 1973) Taxation Law.·

(2) pass examinations approved by the Board, whether as part of the course for such Degree or otherwise, in: (a) Book-keeping and Trust Accounts; and (b) Legal Ethics; and ·

(3) After he has obtained a Degree of Bachelor of Arts or Master of Arts at a University approved by the Board or has completed the Second-year Course of Bachelor of Laws or other approved Degree in Law at such University he shall begin and complete to the satisfaction of the Board a period of practical training being either:-

S.] 6

(a) Service for a period of two years subject to the conditions prescribed under articles of clerkship; or

(b) Service for a period of two years subject to the conditions prescribed as a Judge's Associate; or

(c) Service for a period of four years subject to the conditions prescribed as a Judge's Oerk; or

(d) Service for a period of two years subject to the conditions prescribed as a Judge's Oerk followed by service for a period of one year under articles of clerkship; or

(e) Service for a period of two years subject to the conditions prescribed partly under articles of clerkship and partly as a Judge's Associate; or

(N Service for a period of two years subject to the conditions prescribed partly as a Judge's Associate and partly as a Judge's Oerk: in calculating such period half the service of a person as a Judge's Clerk shall be counted;

(g) Acting as a managing clerk in the office of a solicitor for a period of not less than five years;

(h) Service for a period of one year subject to the conditions prescribed under articles of clerkship followed by bona fide employment as a law clerk or managing clerk for a period of twelve calendar months immediately following the expiration of the period of one year such employment to be with a solicitor in practice on his own account or in partnership who has during some continuous period of three years been in actual practice as a solicitor without any break or breaks exceeding 'in the aggregate three months during that period, and during the whole of that period held current Annual Practising Certificates: Provided that unless the Board otherwise decides no period or part of period of service by a solicitor. as a member of the Commonwealth Naval, Military or Air Forces shall for the purposes of this subparagraph be counted as a period of actual practice.

Division 3-Candidates Taking the Solicitors' Board Examinations 18. A candidate to qualify for admission by taking the Solicitor's Board

Examinations shall-(1) Before enrolling for the Solicitors' Board Examinations-

( a) Have passed in five subjects, in accordance with sub-Rule (2) of Rule 19 at some examination other than the Senior Public Examination of the University of Queensland, or the External Senior Public Examination, at a standard which, in the opinion of the Board, is not lower than the standard required under sub-Rule (1) of Rule 19; or

(b) Have been admitted to matriculation, other than adult matriculation in the Faculty of Law at the University of Queensland; or

7 [S.

(c) Have been admitted to Ordinary matriculation at James Cook University;

(d) Have obtained some other educational qualification which in the opinion of the Board is sufficient qualification for him to pursue the Solicitors' Board Examinations; or

(e) Be a managing clerk who has been such for a period of not less than ten years; or

(f) Have obtained the special permission of the Board to undertake the Solicitors' Board Examinations; and

(2) Complete the Solicitors' Board Examinations; and

(3) Complete to the satisfaction of the Board a period of practical training being either:-(a) Service for a period of five years subject to the conditions

prescribed under articles of clerkship; or (b) Service for a period of five years subject to the conditions

prescribed as a Judge's Associate; or (c) Service for a period of four years subject to the conditions

prescribed as a Judge's Clerk; followed by service for a period of two years under articles of clerkship; or

(d) Service for a period of five years subject to the conditions prescribed partly under articles of clerkship and partly as a Judge's Associate;

(e) Service for a period of five years, subject to the conditions prescribed partly as a Judge's Associate and partly as a Judge's Clerk: in calculating such period half the service of a person as a Judge's Clerk shall be counted;

{f) Acting as managing clerk in the office of a solicitor for a period of not less than ten years;

(g) Service for eight years as a Judge's Clerk.

19. (1)-

(a) A candidate who wishes to qualify for admission by taking the Solicitors' Board Examinations and who has not qualified under the provisions of sub-Rule (1) of Rule 18, may qualify if, before the first day of January, 1973, he has passed at the Senior Public Examination of the University of Queensland the subjects as required under sub-Rule (2) hereof at a standard equal to that acceptable to that University for matriculation purposes as at the first day of January, 1967; or

(b) If he has passed such subjects at a standard which is not lower than that required under paragraph (a) of sub-Rule (1) of this Rule, the External Senior Public Examination, after the first day of January, 1973.

S.] 8

(2) The subjects .to be passed in accordance with the provisions of sub-Rule (1) of this Rule shall be:-

(1) English; and (2) Four other subjects selected from not less than two of the fol

lowing groups:-(a) French, German, Italian, Japanese, Indonesian, Russian,

Hebrew, Greek, Latin; (b) Modern History, Ancient History, Geography; (c) Economics, Logic, Accounting; (d) Mathematics I, Mathematics II; (e) Chemistry, Physics, Zoology, Biology, Geography, Physi

ology, Botany. Not more than two of the five subjects shall be a subject of Group (e)

and at least four of the subjects shall be passed together at one sitting, unless in special circumstances, the Board otherwise outlines and approves.

PART 4--PROVISIONS RELATING TO PRACTICAL TRAINING

Division !-Articles of Clerkship

20. Service under articles of clerkship shall be:-(1) To one solicitor, or successively to two or more solicitors, each

solicitor having been in actual practice as a solicitor on his own account or in partnership during the period ofsuch service to that solicitor; or

(2) To the Crown Solicitor for Queensland or to the Official Solicitor to the Public Curator of Queensland, or to the Crown Solicitor for the Commonwealth or to theDeputy Crown Solicitor for the Commonwealth in Queensland (whether any such officer is a solicitor of the Court or not) or successively to one of such officers and to another or others of such officers, or successively to one or more of such officers and to a solicitor or solicitors in actual practice as a solicitor on his own account or in partnership during the period of such service to that solicitor.

21. In the case of a person who has served as an articled clerk to a practitioner in law, or as Associate or Clerk to a Judge of some Court other than the High Court of Australia, the Supreme Court of Queensland, or the District Court of Queensland, the Board may, upon application made to it by such person, abridge the period prescribed to be served under articles of clerkship to such extent as it deems proper.

22. Service under articles of clerkship or employment pursuant to Rule 17 (g) must, as far as practicable, be continuous for the whole of the prescribed term but the Court or Board may, if it thinks fit, allow several periods of service or employment to be reckoned together, notwithstanding intervals between them.

9 [S.

23. A clerk articled to a country solicitor may:-(1) with the consent of his master perform service during the whole

or any part of the last year of the prescribed term; and (2) with the consent of his master and the consent of the Board, per

form service during the whole or any part of the penultimate year of the prescribed term;

by bona fide service as a clerk of the town agent in Brisbane, Rockhampton or Townsville of the country solicitor to whom he is articled.

24. If the master of an articled clerk dies during the term of his articles of clerkship, the Board may at its discretion, allow the time between the death of the master and the assignment of the articles by the master, executor or administrator to a new master to be reckoned as service of the articles.

25. The Board may direct that service or part of service in the Commonwealth Naval, Military, or Air Forces by an articled clerk shall count as part of his required service as such, but not so as to reduce to less than three years the period of actual service as an articled clerk to be performed by him.

26. Any part of the service of a clerk articled to the Crown Solicitor for Quensland or to the Official Solicitor to the Public Curator of Queensland may without any assignment of articles be performed by service with another of such officers.

27. Any part of the service of a clerk articled to the Crown Solicitor for the Commonwealth or a Deputy Crown Solicitor for the Commonwealth in Queensland may without any assignment of articles be performed by service with any other of such officers.

28. Articles of clerkship entered into with any one of the officers designated in sub-Rule (2) of Rule 20 shall be deemed to be entered into with the officer from time. to time holding the relevant ·office or performing the duties of that office, and service by a clerk under any such articles with any such officer pursuant to these Rules may without any assignment of the articles count as service with the officer for the time being holding the relevant office or performing the duties of that office.

29. (1) A person who desires to enter into articles of clerkship and who has not previously with the consent of the Board entered into such articles shall, before entering into such articles, obtain the consent of the Board to his so doing.

(2) The Board shall not consent to a person's entering into articles of clerkship unless it is satisfied-

(a) That he is of good character and is fit and suitable for service under articles; and

(b) That he possesses one of the qualifications specified in paragraphs (a), (b), (c), (d) and (f) of sub-Rule (1) of Rule 18.

S.] 10

30. ( 1) A person who in accordance with Rule 29 seeks the consent of the Board to his entering into articles of clerkship shall lodge with the Secretary an application to the Board in Form 1, and with it shall furnish to the Secretary:-

(a) such evidence as he desires to submit to the Board concerning any matter mentioned in Rule 29;

(b) sufficient certificates as to his good character, fitness, and suitability for service under articles from three persons who are not near relatives of the applicant, and who have known him personally for at least two years and have had opportunities of judging his character, fitness, and suitability, and of whom, if possible, one is a responsible officer of a school, college, or University attended by the applicant, and one other is a clergyman, justice of the peace, solicitor, or other person of reputable standing. Such certificates of good character, fitness, and suitability shall be separate certificates and shall be in Form 29 or as near thereto as circumstances will allow;

(c) a statement in writing from the person to whom he desires to be articled setting out that person's knowledge and opinion as to the applicant's fitness and suitability to be articled and expressing his willingness to accept the applicant under articles and stating the number (if any) of clerks serving under articles of clerkship to him personally and detailing the period or periods of time during which he has been in actual practice as a solicitor on his own account or in partnership;

(d) such other evidence as, subject to any decision of the Board, the Secretary may require of him as to any matter mentioned in Rule 29.

(2) The Board may seek from any of the persons referred to in paragraph (b) of sub-Rule (1) of this Rule further information as to the good character, fitness, or suitability for service under articles of the applicant, and may address to him such specific questions as it thinks fit.

(3) The Board may, if it thinks fit, before issuing its consent, require the applicant to attend for questioning and inspection before it in person, or before some person nominated by it, who shall report his opinion as to the character, fitness and suitability of the applicant to the Board, and/or to furnish such additional evidence of character, fitness and suitability as it may consider necessary.

31. If the Board is satisfied as required by Rule 29 as to the matters therein specified it shall give to the applicant its consent to his entry into articles with the person named by him as the person to whom he desires to be articled; whereupon the Secretary shall issue to the applicant a certificate of such consent in Form 2.

32. The Board shall not, except in special circumstances consent to a person's entering into articles of clerkship, or to the assignment of such

11 [S.

articles, to a solicitor or to an officer designated in sub-Rule (2) of Rule 20 who already has two clerks serving under articles of clerkship to him personally, or except in special circumstances, to a solicitor in practice on his own account or in partnership who has not during some continuous period of three years been in actual practice as a solicitor without any break or breaks exceeding in the aggregate three months during that period, and during the whole of that period held current annual practising certificates; provided that unless the Board otherwise decides any period or part of a period of service by a solicitor as a member of the Commonwealth Naval, Military, or Air Forces shall for the purposes of this Rule be counted as a period of actual practice.

33. The Board may, if it thinks fit, give to a person who has entered into articles of clerkship its consent to his entry into other articles of clerkship, or its consent to the assignment of his articles of clerkship; whereupon the Secretary shall issue to him a certificate of such consent in Form 2 or Form 3 as the case may require.

34. (1) Articles of clerkship and assignments of articles of clerkship shall be registered in the Supreme Court Office at Brisbane within six calendar months after the date of the consent of the Board given in relation thereto under Rule 31 or 33. At the time of producing articles of clerkship or an assignment of articles of clerkship the relevant consent of the Board shall be produced to the Registrar and a copy of it filed. The Registrar shall refuse to register any articles of clerkship or an assignment thereof unless such content is produced to him.

(2) Service under articles of clerkship of which such registration has not been effected in accordance with sub-Rule (1) of this Rule or of which registration has been cancelled by direction of the Board shall not count as service under articles of clerkship for the purposes of these Rules.

(3) Subject to compliance with sub-Rule (1) of this Rule; articles of clerkship shall for the purpose of these Rules commence on the date specified for that purpose in such articles but not earlier than the date consented to by the Board. If no date is so specified in such articles, then such articles of clerkship if approved by the Board shall for the purposes of these Rules be deemed to commence on the date on which execution of such articles was completed.

35. (1) When any allegation as to the moral unfitness or unsuitability of any person applying to the Board for its consent to his entry into articles of clerkship, or serving under registered articles of clerkship, is made to the Board, the Board shall take such steps for inquiry into the allegation as it deems necessary and proper; and if the allegation is in its opinion proved it may refuse the consent, or in the case of an articled clerk direct the Registrar to cancel the registration of his articles of clerkship.

(2) In any case other than a case falling within the provisions of sub-Rule (1) of this Rule where the Board:-

(a) Upon application made to it by the Registrar or by Queensland Law Society Incorporated or by the master or clerk concerned; and

S.] 12

(b) After such inquiry as the Board deems necessary and proper; considers it necessary or expedient to do so, the Board may direct the Registrar to cancel the registration or any articles of clerkship.

(3) If the Registrar is directed by the Board to cancel the registration of any articles of clerkship he shall cancel the registration as directed, and shall endorse such articles accordingly, and shall notify the master and clerk concerned.

Division 2-Judges' Associates and Judges' Clerks 36. (1) Service as a Judge's Associate shall be to one Judge or success

ively to two or more Judges of the High Court of Australia or of the Supreme Court of Queensland to the satisfaction of such Judge or Judges.

(2) Service as a Judge's Clerk shall be to one Judge or successively to two or more Judges of the District Court of Queensland to the satisfaction of such Judge or Judges.

(3) Service as a Judge's Associate or Judge's Clerk shall, as far as practicable, be continuous for the whole of the prescribed term but the Court or Board may, if it thinks fit, allow several periods of service to be reckoned together, notwithstanding intervals between them.

37. In the case of a person who has served as an articled clerk to a practitioner in law, or as an Associate or Clerk to a Judge of some Court other than the High Court of Australia, the Supreme Court of Queensland, or the District Court of Queensland, the Board may, upon application made to it, abridge the period of service as such Judge's Associate or Judge's Clerk required by these Rules to such extent as it deems proper.

38. The Board may direct that service or part of service in the Commonwealth Naval, Military or Air Forces by a Judge's Associate or Clerk shall count as part of his required service, as such but not so as to reduce to less than three years the period of actual service to be performed by him.

39. (1) A person who desires that service by him as a Judge's Associate or Judge's Clerk shall count as a period of practical training may apply to the Board in Form 4 for its consent that such service as a Judge's Associate or Judge's Clerk shall count as service for the purposes of these Rules.

(2) Such person shall present to the Board with such application evidence that he:-

(a) Possesses one of the qualifications specified in paragraphs (a), (b), (c), (d) and (f) of sub-Rule (1) of Rule 18; and

(b) Is or has been a Judge's Associate or a Judge's Clerk: (3) If the Board is satisfied that the applicant possesses one of the

qualifications specified in sub-Rule (2) of this Rule, it shall give to him its consent that service by him as a Judge's Associate or Judge's Clerk in accordance with these Rules after a date to be specified in the consent shall count as such service for the purposes of these Rules; whereupon the Secretary shall issue to the applicant a certificate of such consent in Form 5.

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( 4) Unless in special circumstances the Board otherwise determines, the date specified in such consent shall be the date on which the applicant completed the submission to the Board of the evidence of such qualification and service before the date so specified shall not count as service as a Judge's Associate or Judge's Clerk for the purposes of these Rules.

Division 3-Managing Clerks

40. ( 1) A person who desires that service by him as a managing clerk shall count as a period of practical training may apply to the Board in Form 30 for its consent that such service as a managing clerk shall count as service for the purpose of these Rules.

(2) Such person shall present to the Board with such application:(a) Evidence that he is or has been a managing clerk; and (b) A statement or statements by the solicitor or solicitor under

whose direction and supervision he has acted giving sufficient particulars of his service as a managing clerk.

(3) H the Board is satisfied that the applicant is or has been a managing clerk it may give him its consent that service by him as a managing clerk in accordance with these Rules after a date to be specified in the consent shall count as such service for the purposes of these Rules; whereupon the Secretary shall issue to the applicant a certificate of such consent in,Form 31.

( 4) Unless in special circumstances the Board otherwise determines, the date specified in such consent shall be the date on which the applicant completed the submission to the Board of the matters required under subRule (2) of this Rule, and service before the date so specified shall not count as service as a managing clerk for the purposes of these Rules.

41. Service as a managing clerk shall be to one firm of solicitors, or successively to two or more firms of solicitors, each such firm of solicitors having been in actual practice during the period of such service with such firm.

42. Service as a managing clerk must, as far as practicable be continuous for the whole of the prescribed term but the Court or Board may, if it thinks fit, allow several periods of service to be reckoned together, notwithstanding intervals between them.

PART 5-THE SOLICITORS' BOARD EXAMINATIONS

Division 1-Scope of the Solicitors' Board Examinations 43. ( 1) A candidate shall be deemed to have completed the Solicitors'

Board Examinations when he has passed the examinations conducted by the Board in the subjects following, that is to say:-

Introduction to Legal Theory and Method

S.]

Criminal Law and Procedure Constitutional Law Torts Contract Equity Succession

14

Land Law [Government Gazette, 27th April, 1968] Commercial Law Practice I Securities Book-keeping and Trust Accounts Practice II Family Law Company Law Evidence Industrial Law Taxation Law Legal Ethics

(2) The Board may exempt any person from passing an examination in any subject listed in sub-Rule (1) of this Rule if it is satisfied that such person has passed any examination in a subject having a scope which is similar to or which includes the scope of a subject listed in sub-Rule ( 1) of this Rule and at a standard equal to that prescribed under these Rules and a Certificate of such exemption shall be issued by the Secretary in Form 6.

44. (1) The Board may from time to time publish a statement of the scope of each subject upon which a candidate therefore may be examined at a forthcoming examination and may if it thinks fit publish a list of references which are prescribed or recommended by the Board for study by any candidates for any such examination.

(2) Any person may, upon application to the Secretary, obtain a copy of the statement of the scope of any such subject, which has been published by the Board, and a Copy of the list of references which have been prescribed or recommended by the Board for study by any candidate for examination in such subject.

45. (1) Subject to the Provisions of these Rules, a candidate shall pass the subjects prescribed in sub-Rule (1) of Rule 43 in the sequence indicated therein, or in such other sequence or in particular cases to meet special circumstances as the Board may determine or approve.

(2) Notwithstanding the provisions of sub-Rule (1) of this Rule-(a) A candidate who fails any subject may with the permission of the

Board present himself for examination therein otherwise than in such sequence;

(b) Any subjects passed at the same examination shall be deemed to have been passed in the sequence indicated in the last preceding sub-Rule;

15 [S.

(c) A candidate shall not except with the permission or approval of the Board present himself for examination in more than four subjects at the one examination.

46. Should a candidate fail to pass any examination in any subject or any paper in any examination in any subject the Board may at its discretion permit such candidate to be re-examined in such subject or in such paper at a supplementary examination, and such permission may, at the discretion of the Board, be granted more than once to the same candidate with respect to the same subject or the same paper.

The Board may refuse to permit a candidate to sit for examination in any subject or paper in any examination of any subject where such candidate has on three previous occasions failed in such subject or paper.

Division 2-Enrolment 47. (1) A person who desires to sit for one of the examinations listed

in sub-Rule (1) of Rule 43 in any year shall not less than two calendar months before the examination at which he desires to sit:

(a) Deliver to the Board an application in Form 7 for enrolment as a person desiring to sit for such examination;

(b) If he has not already done so pursuant to the provisions of Rule 29 or Rule 39, deliver to the Board evidence that he possesses one of the qualifications specified in sub-Rule (1) of Rule 18; and

(c) Together with such application, pay the fee prescribed in the First Schedule;

(2) A person who delivers to the Board together with his application under sub-Rule (1) of this Rule evidence that he is a managing clerk who has been such for a period of ten years shall also deliver to the Board with such application a statement or statements by the solicitor or solicitors under whose direction and supervision he has acted giving sufficient particulars of his service as a managing clerk.

(3) (a) A person who desires to sit for an examination to be held in

the first examination period in any year shall comply with subRules (1) and (2) of this Rule by the twenty-eighth day of February in that year or such later date as the Board in special circumstances may permit.

(b) A person who desires to sit for an examination to be held in the second examination period in any year shall comply with subRules (1) and (2) of this Rule by the thirty-first day of August in that year or such later date as the Board in special circumstances may permit.

48. (1) Where any allegation concerning the moral unfitness or unsuitability of a person applying for enrolment as a candidate for the Solicitors' Board Examinations or pursuing such examinations, is made to the Board, the Board shall take such steps for inquiry into the allegation as it deems

S.] 16

necessary and proper; and if the allegation is in its opinion proved it may refuse the enrolment sought, or cancel an existing enrolment, or refuse further enrolment.

(2) The Board may refuse an enrolment sought or cancel an existing enrolment, or refuse further enrolment in the case of a candidate who has sat for an examination in any of the subjects listed in sub-Rule (1) of Rule 43 on three occasions and has failed to pass that subject.

(3) Where an enrolment or further enrolment is refused or cancelled under the preceding provisions of this Rule, the Board shall notify the applicant or candidate, as the case may be, accordingly.

49. Subject to the provisions of Rule 48 of these Rules, if the Board is satisfied that an applicant for enrolment has complied with the provisions of the Rules and is qualified for enrolment, the Board shall enrol such applicant as a candidate for the Solicitors' Board Examinations.

50. The Board shall notify in writing each applicant for enrolment as a candidate for the Solicitors' Board Examinations of its decision on his application.

Division 3-Examinations 51. (1) The Board shall, not less often than half yearly, conduct exam

inations during such examination periods and at such dates and times as it shall prescribe and publish.

(2) Until the Board prescribes and publishes otherwise, examinations in each of the subjects listed in sub-Rule (1) of Rule 43 shall be conducted during two examination periods each year, such periods being:-

(a) from the first day of May until the thirtieth day of June, both dates inclusive (in these Rules called "the first examination period") ; and

(b) from the first day of November until the thirty-first day of December, both dates inclusive (in these Rules called "the second examination period").

(3) The first such examinations shall be conducted in the year 1968. 52. The Board may dispense with holding an examination in any sub

ject in any examination period if no candidate enrols for such examination, or if no enrolment has been accepted by the Board.

53. The Board may conduct a supplementary examination in any subject at such date and time as it shall advise the candidate.

54. Examinations shall be held at such places as the Board shall prescribe and publish.

55. Each examination shall be conducted by written or printed papers, and at every place candidates shall be examined in the same papers on the same day and hour.

56. The Secretary shall, not less than one calendar month before the commencement of any examination, notify in Form 8 each candidate who has enrolled to sit at the examination-

17 ~s.

(a) That his enrolment to sit for any subject has been accepted or refused by the Board; and

(b) If his enrolment to sit for any examination has been accepted by the Board, the date, time and place at which such examination will be held.

57. No person shall be allowed to sit for an examination other than a supplementary examination, in any of the subjects listed in sub-Rule (1) of Rule 43 unless he has been enrolled by the Board as a candidate for examination in that subject in that year under the provisions of Rule 49.

Division 4--Examiners and Supervisors 58. The Board shall conduct the examinations and the Board may, from

time to time, appoint such practising barrister or barristers or solicitor or solicitors of the Court, having been not less than three years in actual practice, as it thinks fit, to be examiners in all or any of the subjects listed in sub-Rule (1) of Rule 43 except the subject "Trust Accounts and Bookkeeping"; and may appoint such person or persons as it thinks fit to be examiner or examiners in the subject "Trust Accounts and Book-keeping".

59. The appointment of an examiner or examiners shall not extend beyond the term of office of the Board by which the appointment is made.

60. No examiner shall examine any candidate who is a relative of the examiner or has been a pupil or clerk of the examiner.

61. Every examiner, after adjudicating upon the questions answered by a candidate, shall make and sign, in Form 9, a report to the Board and transmit it forthwith to the Secretary.

62. The examiners shall be remunerated in such manner as the Board may determine, and the Board may apply for that purpose any part of the fees paid by any candidates.

63. (1) The Board may appoint one or more of its members or any other person or persons, to supervise any examination or examinations. Any person or persons so appointed shall, at the conclusion of each such examination, make and sign a report to the Board in Form 10, and transmit it forthwith to the Secretary.

(2) There shall be paid to any person so appointed, not being a member of the Board, at each place of examination, such fee as the Board may from time to time prescribe.

Division 5-Misconduct of Candidate 64. When any allegation of impropriety is made concerning the conduct

of a candidate in or in connection with an examination for which he has sat, is sitting, or is about to sit, the Board shall take such steps for inquiry into the allegation as it deems necessary and proper, and if the allegation is in its opinion proved, it may, if it thinks it appropriate to do so, disqualify

S.] 18

the candidate from sitting or further sitting for any examination conducted by the Board for such period as the Board shall specify. If such impropriety relates to an examination for which the candidate has already sat, the Board may, in addition to or in substitution for the imposition of a disqualification as aforesaid, cancel any statement issued by it to the candidate under sub-Rule (3) of Rule 65 of these Rules.

Division 6-Results of Examinations 65. (1) The Board shall, after receipt by it of all examiners' reports

in respect of examinations conducted during any examination period, meet to consider such reports.

(2) At such meeting, the Board may confirm, modify, vary or cancel any examiners' adjudication.

(3) As soon as may be convenient after such meeting, the Secretary shall forward to each candidate who sat for any subject at any such examination, a statement in Form 11 of the Board's decision in accordance with sub-Rule (2) of this Rule.

(4) A candidate may within thirty (30) days of the receipt of the Board's decision make written request to the Board for review of any subject or paper which has been the subject of the Board's decision such request to be accompanied by the appropriate fee. Upon receipt of the request and fee the Board shall arrange such review and advise the outcome thereof to the Candidate in due course.

66. If the Board is satisfied that the candidate has completed the Solicitors' Board Examinations, it shall on his application issue to him a certificate in Form 12.

PART 6-ADMISSION

67. A person may be admitted to practice as a solicitor at any sitting of the Full Court.

68. ( 1) A person intending to apply for admission as a solicitor shall( a) At least twenty-one clear days before the sitting of the Court at

which he intends to apply for admission-(i) Cause a notice in Form 13 to be stuck up in the office of the

Registrar and on the frames provided for that purpose in the hall and library of the Supreme Court at Brisbane; and

(ii) Deliver copies of the notice to the Secretary and to the Secretary of the Queensland Law Society Incorporated; and

(b) Cause notice in Form 13 to be advertised two several times in a newspaper published in Brisbane and also once in a newspaper published in each district in which at any time he has served under articles of clerkship, or if he has not served under articles of clerkship then also once in a newspaper published in the

19 [S.

district in which he presently resides, the first of the advertisements to appear not more than twenty-one clear days and the last of the advertisements at least six clear days before the sitting of the Court at which he intends to apply for admission as aforesaid.

[Government Gazette 14th December 1968] (2) If the period of practical training relied upon by a candidate as

compliance with the provisions of sub-Rule (3) of Rule 17 or sub-Rule (3) of Rule 18 is composed of or includes service under articles as a clerk or service as a Judge's Associate or Judge's Oerk, he shall also, at least twenty-one clear days before the sittings of the Court at which he intends to apply for admission lodge with the Secretary a statement containing answers to the questions set forth in Form 14, and insofar as he has not been exempted by the Board from so doing, a statement containing answers to the questions set forth in Form 15, 16 or 17, whichever may be applicable, from each master to whom he was articled, and each town agent and each Justice or Judge with whom he performed any part of his prescribed service as an articled clerk or as a Judge's Associate or Clerk.

(3) If the period of practical training relied upon by a candidate as compliance with the provisions of sub-Rule (3) of Rule 17 or sub-Rule (3) of Rule 18 is service as a managing clerk, he shall also, at least twenty-one clear days before the sittings of the Court at which he intends to apply for admission lodge with the Secretary a statement containing answers to the questions set forth in Form 18, and, insofar as he has not been exempted by the Board from so doing, a statement containing answers to the questions set forth in Form 19 from each solicitor under whose direction and supervision he has acted as a managing clerk.

( 4) If he seeks admission under the provisions of sub-Rule (1) of Rule 16 he shall also at least six clear days before the sittings of the Court at which he intends to apply for admission-

( a) Deliver to the Secretary a certificate by the Registrar of the University at which he obtained an approved degree in law in Form 20;

(b) File in the Supreme Court Office at Brisbane an affidavit declaring the extent of his compliance with these Rules; and

(c) Deliver a copy of the affidavit to the S~retary. (5) If he seeks admission under the provisions of sub-Rule (2) of Rule

16 he shall also at least six clear days before the sittings of the Court at which he intends to apply for admission-

(a) Deliver to the Secretary a certificate issued to him under the provisions of Rule 66;

(b) File in the Supreme Court Office at Brisbane an affidavit declaring the extent of his compliance with these Rules; and

(c) Deliver a copy of the affidavit to the Secretary. (5A) If he seeks admission under the provisions of sub-Rule (4) of

Rule 16 he shall also at least six clear days before the sittings of the Court at which he intends to apply for admission-

( a) Deliver to the Secretary-

S.] 20

(i) Where he has obtained an approved degree in law, a certificate by the Registrar of the University at which he obtained that degree in Form 20; or

(ii) Where he has completed the Solicitors' Board Examinations, a certificate issued to him under the provisions of Rule 66;

(b) File in the Supreme Court at Brisbane an affidavit declaring the extent of his compliance . with these Rules and "The Legal Practitioners Acts, 1881 to 1965" or any amendment thereof; and

(c) Deliver a copy of the affidavit to the Secretary and [Government Gazette 14th December 1968]

(6) If he is a barrister-at-law who seeks admission under the provisions of Section lOA of "The Supreme Court Act of 1921", he shall also, at least six clear days before the sittings of the Court at which he intends to apply for admission-

(a) Submit to the Board his certificate of admission as a barrister-atlaw;

(b) File in the Supreme Court Office at Brisbane an affidavit containing the several allegations specified in Form 21; and

(c) Deliver copies of the affidavit to the Secretary and to the Secretary of the Queensland Law Society Incorporated.

69. Two days at least before the sittings of the Court at which any person has notified his intention to apply for admission, the Board, if satisfied of the fitness of that person to be admitted to practice, shall deliver to him a certificate in Form 22, setting forth the extent of his compliance with the Rules. The certificate shall be filed forthwith in the Supreme Court Office at Brisbane and shall only be in force until, and available on application for admission at, the sitting of the Court next succeeding the date of the certificate, unless the Court otherwise orders.

70. ( 1) When any allegation concerning the moral unfitness or unsuitability of any person applying to be admitted as a solicitor, is made to the Board, the Board shall take such steps for inquiry into the allegation as it deems necessary and proper; and if the allegation is in its opinion proved, the Board may refuse to issue to such applicant a certificate under Rule 69 of these Rules.

(2) Where the Board, acting under the provisions of sub-Rule (1) of this Rule, refuses to issue a certificate under Rule 69 of these Rules to any person, the Secretary shall, as soon as practicable thereafter, notify such person of that fact.

71. When a barrister-at-law is admitted as a solicitor, he shall thereupon cease to be a barrister and his name shall be removed from the roll of barristers.

72. Every person applying for admission as a solicitor shall personally attend in Court and shall on admission take the oath of allegiance and the oath of office as a solicitor, and shall sign the roll of solicitors kept by the Registrar, and shall thereupon be entitled to receive a certificate in Form 23, signed by the Registrar, and bearing the seal of the Court.

73. When two or more persons have completed the Solicitors' Board

21 [S.

Examinations at the same time and are admitted as solicitors at the same sitting of the Court, they shall, on admission, sign the roll in the order determined by the Board on the basis of the order of their proficiency in the work of that course, and they shall be entitled to seniority accordingly.

PART 7-CONDITIONAL ADMISSION OF PERSONS ADMITTED AS SOLICITORS OUTSIDE QUEENSLAND

74. (1) A person may qualify foradmission if:-(a) He has been admitted as a solicitor and is entitled to practice as

such in England or Scotland or Northern Ireland or he has been admitted as a solicitor of the Supreme Court of New Zealand or of one of Her Majesty's Australian States which grants admission to solicitors of the Supreme Court of Queensland and is entitled to practice as such; and

(b) He intends at the time of his admission to be in bona fide practice or employment as a solicitor, law clerk or legal officer in Queensland for a period of or for periods aggregating at least nine calendar months of the year immediately succeeding such admission.

(2) An admission of a person qualified under sub-Rule (1) of this Rule shall be subject to the terms and conditions similar to those upon which Queensland solicitors are admitted in the country or State from which he derives his qualification or such further or other terms as may be imposed by the Court at the time of his admission.

75. A person seeking admission under the provisions of Rule 74 in addition to complying with such of the requirements of Part 6 of these Rules as are applicable to his case, shall also at least twenty-one clear days before the sittings of the Court at which he intends to apply for admission:-

( 1) Submit to the Board certificates of his admission in the Courts in which he has been admitted to practice and certificates of his present eligibility to practice in such Court or Courts;

(2) File in the Supreme Court Office at Brisbane an affidavit containing the several allegations and with the annexures specified in Form 24;

(3) Deliver a copy of such affidavit to the Secretary and to the Secretary of the Queensland Law Society Incorporated.

76. (1) When a person is admitted by reason of the provisions of Rule 74, the admission shall be in the first instance conditional only and remain conditional until made absolute, application for which shall be made within fourteen days of the commencement of the first Sittings of the Full Court held after the lapse of one year from the conditional admission. Every person so conditionally admitted shall, one month before he applies to have his conditional admission made absolute, serve on the Secretary and on the Secretary of the Queensland Law Society Incorporated on the same

S.] 22

day notice of his intended application to the Court. At least twenty-one days before so applying he shall file in the Registry

of the Supreme Court of Queensland an affidavit in Form 25, and shall serve a copy thereof on the Secretary.

(2) Before applying to have his conditional admission made absolute, the applicant must satisfy the Board that in the year immediately succeeding such conditional admission he has been in bona fide practice or employment as a solicitor, law clerk, or legal officer in Queensland during a period of or periods aggregating at least nine calendar months, and intends to continue in practice or employment as a solicitor, law clerk or legal officer in Queensland.

PART 8-TRANSITIONAL PROVISIONS

77. (1) Subject to the other provisions of this Part, the Rules of 1898 shall continue to apply:-

(a) To any person who before the first day of January, 1964, elected in accordance with sub-Rule (5) or sub-Rule (6) of Rule 47 of the Rules of 1961 to be subject to the Rules of 1898 and who in accordance with those Rules before that date passed the Preliminary Examination prescribed by the Rules of 1898 or obtained the certificate of the Board that he is exempt from passing it; and

(b) To any person to whom the provisions of section 9 of "The Legal Practioners Act Amendment Act of 1938," as in force immediately prior to the passing of "The Legal Practitioners Acts Amendment Act CYf 1961," but as subsequently amended by "The Legal Practitioners Acts Amendment Act CYf 1965," are deemed to continue in force.

(2) Subject to the other provisions of this Part, the Rules of 1961 shall continue to apply:-

(a) To any person who before the First day of January, 1970, elects in accordance with the Rule 81 of these Rules to be subject to the Rules of 1961 and who before that date passed any subject of the Articled Clerks Course prescribed by those Rules or obtained the certificate of the Board that he was exempt from passing any such subject; and

(b) To any person to whom the provisions of section 9 of "The Legal Practitioners Act Amendment Act of 1938," as in force immediately after the passing of "The Legal Practitioners Acts Amendment Act CYf 1961," are deemed to continue in force.

[Government Gazette 14th December 1968] 78. (1) The Rules of 1898 shall, subject to the provisions of "The Legal

Practitioners Acts, 1881 to 1965," cease on the thirty-first day of December, 1970, to apply to a person who has not then passed the Second Section of the Final Examination prescribed by those Rules.

(2) The Rules of 1961 shall cease on the thirty-first day of December,

23 [S.

1977, to apply to a person who has not then completed the course of study prescribed in paragraph (b) of Rule 24 of those Rules.

79. If a person has passed an examination prescribed by the Rules of 1898 or the Rules of 1961 and has elected to be subject to these Rules or is a person to whGJm under Rule 78 the Rules of 1898 or the Rules of 1961 have ceased to apply, the Board shall grant his exemption from passing in such subjects of the Solicitors' Board Examination as it considers equivalent to the subjects of that examination, and such further exemptions, if any, as it may consider proper in the circumstances of his case.

80. In the case of a person who has elected to be subject to these Rules or to whom under Rule 78 the Rules of 1898 or the Rules of 1961 have ceased to apply-

( 1) Articles of clerkship entered into by him and registered under the Rules of 1898 or the Rules of 1961 shall be deemed to have been entered into and registered under these Rules;

(2) Service by him as a Judge's Associate in accordance with the requirements of the Rules of 1898 or the Rules of 1961 shall be deemed to be service as a Judge's Associate in accordance with these Rules.

81. A person may elect to be subject to the Rules of 1961 or to these Rules by lodging with the Secretary a notice of election in Form 26.

82. Any person who before the first day of May, 1968, has entered into articles of clerkship with the consent of the Board under the Rules of 1961 shall be deemed to have elected to be subject to the Rules of 1961 unless before the thirty-first day of December, 1968, he lodges with the Secretary a notice that he elects to be subject to these Rules.

83. These Rules shall apply to any person to whom the Rules of 1898 or the Rules of 1961 do not continue to apply.

84. The persons appointed under the Rules of 1961 to hold office as members of the Solicitors' Board during the year 1968 shall in addition be deemed to have been appointed to hold office as members of the Board under these Rules during the year 1968.

85. The Board and the Secretary holding office under these Rules shall be the Board and the Secretary for the purpose of the Rules of 1898 and the Rules of 1961 insofar as those Rules continue to be in force.

86. Notwithstanding the provisions of the other Rules in this Part:(1) Paragraph (a) of sub-Rule (1) of Rule 42 of the Rules of 1898

is amended by deleting therefrom the words "ten clear days" and inserting in lieu thereof the words "twenty-one clear days".

(2) Paragraph (a) of sub-Rule (1) of Rule 32 of the Rules of 1961 is amended by deJeting therefrom the words "ten clear days" and inserting in lieu thereof the words "twenty-one clear days".

(3) Sub-Rule (2) of Rule 32 of the Rules of 1961 is amended by deleting therefrom the words "ten clear days" and inserting in lieu thereof the words "twenty-one clear days".

S.] 24

PART 9-FEES

87. A fee payable by any person shall be paid to the Secretary, who shall issue a receipt therefor, and pay such fee to the credit of the banking account of the Supreme Court Library Committee.

88. An articled clerk, or a Judge's Associate or Judge's Clerk who has obtained the consent of the Board under sub-Rule (3) of Rule 39 that service by him as such Associate or Clerk shall count as a period of practical training, or a managing clerk who has obtained the consent of the Board under sub-Rule (3) of Rule 40 that service by him as such managing clerk shall count as a period of practical training, but who is not in any year a candidate for the Solicitors' Board Examinations, shall, on or before the thirty-first day of March in each year of such service pay the annual registration fee specified in the First Schedule.

89. A person who applies for admission as a solicitor shall pay the appropriate admission fee specified in the First Schedule.

90. If an applicant for admission as a solicitor is not admitted, the fee paid by him on his application for admission shall be refunded to him if he so requests.

91. The Board may require payment of a fee, not exceeding the sum of $6.00, before it accepts any application made to it under these Rules after the time limited by these Rules for the Making of such application.

PART 10-MISCELLANEOUS

92. Any person dissatisfied with any decision of the Board may, within one month next after the decision, appeal against the decision to the Court or a Judge thereof. The Court or Judge may dismiss or allow the appeal, or make such order as seems just, and may order the appellant to pay a fixed sum for costs of the appeal.

93. Every such appeal shall be instituted by notice in the form or to effect of Form 27, and shall be filed in the Supreme Court Office at Brisbane, and the appellant shall deliver a copy thereof to the Secretary.

94. The Court or Board may extend or abridge the time allowed for the doing of any act or matter under these Rules, except the prescribed time for service as an articled clerk or the period of employment of Rule 17 (h) or as a Judge's Associate or Clerk on grounds other than those allowed by Divisions 1 and 2 of Part 4 of these Rules.

95. Notwithstanding anything to the contrary in these Rules contained, the Court, if in special circumstances it thinks fit so to do, may exempt any person from compliance with any of these Rules, either wholly or partly or subject to such conditions as the Court thinks proper.

96. The Board may apply to the Court or a Judge thereof for advice on any question arising upon the interpretation of these Rules.

97. (1) Any determination or decision of the Board which by these Rules is required to be published shall be deemed to have been duly published

25 [S.

if it is published once in the Queensland Government Gazette and it shall be deemed to have been duly published on the date of publication of the Gazette in which it appears.

(2) Subject to the provisions of sub-Rule (1) of this Rule, the Board may publish in connection with the subject matter ·of these Rules any matter whic4 it deems necessary or desirable to publish in any manner which it deems fit.

PART II-CANDIDATES QUALIFYING FOR ADMISSION UNDER "THE LEGAL PRACTITIONERS ACT, 1881 TO 1965" OR ANY AMENDMENT THEREOF

98. (1) A candidate who seeks to qualify for admission under the provisions of "The Legal Practitioners Acts, 1881 to 1965," or any amendment thereof shall, not later than two calendar months before the examination at which he wishes to sit apply to the Board in Form 28 for permission to pursue the Solicitors' Board Examinations.

(2) If such candidate has not previously been enroled as a candidate for the Solicitors' Board Examinations, he shaH include in such application evidence to the satisfaction of the Board that he possesses such qualification or qualifications prescribed or specified in "The Legal Practitioners Acts, 1881 to 1965," or any amendment thereof.

(3) Together with such application, the candidate shall forward the fee prescribed in the First Schedule.

FIRST SCHEDULE FEES

Consent of Board to Entry into Articles of Clerkship Permission Fee under Rule 98 .... .... .... .... .... . .................. . For Examination or Re-examination in one or more Subjects of

the Examinations conducteq by the Board: Per Subject . .. . .. . . .. . . .... .... . .. . .. .. . . . . .. .. .. .. .. .. .. .. Fee for review-per Subject .. .. .... .. .. .... .... .. .. .. .. .... .. ..

Fee for Late Enrolment or late payment of any Fee .... .... .. .. On application for admission as a Solicitor...:_ (a) Of a person not previously admitted as a Barrister or Con

veyancer in Queensland .. . . .. .. .... .... .. .. ... . .... .. .. ... . .... .. .. (b) Of a person previously admitted as a Barrister or Con

veyancer in Queensland .. .. .... .. .. .... .. .. .. .. . .. . .. .. .. .. .. .. .. ..

$10.00 $10.00

$12.00 $12.00 $10.00

$110.00

$25.00

S.] 26

SECOND SCHEDULE Form 1

(Rule 30) To the Solicitors' Board.

I, (name in full), of (address), son of (name, acfdress and occupation of father) hereby apply to the Solicitors' Board for its consent to my entering into articles of clerkship with (name and address of person with whom articles are to be served).

I was born on the day of at I have passed at the Senior Public Examination of the University of

Queensland, at the grades indicated, in the following Subjects: (Or state other educational qualifications submitted as satisfying requirement of Rule 29.)

I enclose herewith certificates from three persons each of whom vouches for my character, fitness, and suitability for service under articles.

I enclose a statement from (name of person to whom to be articled) aforesaid.

Dated this day of ' 19 (Usual signature of applicant.)

NOTE.-Certificates of examination passes or other educational qualifications should be attached.

Form 2 (Rules 31 and 33)

The Solicitors' Board CONSENT TO ENTER INTO ARTICLES

I hereby certify that the Solicitors' Board has this day consented to , of , entering into Articles of Clerkship with ,

of , a Solicitor of the Supreme Court of Queensland (or as the case may be).

Dated this day of ' 19 Secretary of the Solicitors' Board.

Form 3 (Rule 33)

The Solicitors' Board CONSENT TO ASSIGNMENT OF ARTICLES

I hereby certify that the Solicitors' Board has consented to the assign-ment as from the day of , 19 of the Articles of Clerkship of , with , to , a Solicitor of the Supreme Court of Queensland. Dated this day of 19

Secretary of the Solicitors' Board.

To the Solicitors' Board.

27

Form 4 (Rule 39)

[S.

I, (name in full), of (address), Associate to His Honour Mr. Justice , of the Court of hereby apply to the

Solicitors' Board for its consent that my services as a Judge's Associate after the date of my submitting evidence which satisfies the Board that I have the prescribed educational qualifications (or as the case may be) shall count as a qualification for my admission as a Solicitor.

I submit herewith evidence of my educational qualification and I undertake to submit, as far as I am able so to do, such further evidence of my educational qualification as the Board may require.

Dated this day of , 19

Form 5 (Rule 39)

(Usual signature of applicant.)

The Solicitors' Board CONSENT TO SERVICE AS ASSOCIATE

I hereby certify that the Solicitors' Board has consented to the service of as a Judge's Associate in accordance with the Rules for the Admission of Solicitors of the Supreme Court of Queensland after the

day of 19 , counting as such service for the purposes of those Rules.



Form 6 (Rule 43)

The Solicitors' Board CERTIFICATE AS TO EXEMPTION FROM EXAMINATION

I hereby certify that , of , has satisfied the Board that he is entitled to exemption from examination in (specify Subjects): and has passed a satisfactory examination under the Rules relating to the Admission of Solicitors to practice in the Supreme Court of Queensland.

Dated the day of , 19


S.]

To the Solicitors Board.

28

Form 7 (Rule 47)

I, , of , desire to be examined (or re-examined) in the following Subjects: at the forthcoming Examination to be held in the month of next. I desire to be examined at the City /Town of

I enclose fee $ I have sat for and passed/failed in the following Subjects at the following

time(s), namely: As proof that I have complied with Rule 18 I enclose/refer. Dated the day of , 19

(1) Name of Candidate in full: (2) Address (please include postcode): (3) Date and place of birth:

... Signed:

( 4) Reasons for desiring examination to ·take place at other than Brisbane:

(5) Place of employment:

To: AB

Form 8 (Rule 56)

The Solicitors' Board

Your application of the day of , 19 , to be examined (re-examined) in the Subject(s)' listed therein has been accepted/refused by the Solicitors' Board.

The examination (re-examination) will take place on the day of , 19 , at a.m./p.m. in room in the Town/City of


Form 9 (Rule 61)

EXAMINERS' REPORT AS TO EXAMINATION EXAMINATION . FOR SOLICITORS

I hereby certify and report that on the day of 19 , I conducted the examination of the undermentioned persons in the undermentioned subjects, and adjudicated upon the answers given with the following results:-

29 (S.

Names of Total Marks Candidates Subject of allotted for Marks

in order Examination Full and Awarded of Merit Correct Answers

And I further certify that in my opinion the candidates numbered (1, 2, etc.) have satisfactorily passed the examination.

I herewith transmit to you the examination papers set, with the candidates' answers; and I further certify that none of the candidates is related to me or has been at any time my pupil or clerk.

Dated this day of , 19 An Examiner under the Rules relating to the Admission of Solicitors

to practice in the Supreme Court of Queensland.

Form 10 (Rule 63)

REPORT OF SUPERVISION OF EXAMINATION I, (or we) , the undersigned, hereby certify that I (or we) was

(or were) present during the examination held at in room in the day of , 19 , when the accompanying papers in the examinations for Solicitors (or as the case may be) were written in my (or our) presence in accordance with the directions of the Solicitors' Board.


Signature Hour of Arrival

Form 11 (Rule 65)

Hour of Departure

BOARD'S CERTIFICATE AS TO EXAMINATION I hereby certify that , of , has passed/failed in the

following Subjects: in respect of the examinations of the Solicitors' Board relating to the admission of Solicitors to practice in the Supreme Court of Queensland.

Dated the day of , 19 Secretary of the Solicitors' Board.

S.] 30

Form 12 (Rule 66)

The Solicitors' Board I hereby certify that , of , has completed the

Solicitors' Board Examinations prescribed by the Rules relating to the Admission of Solicitors to practice in the Supreme Court of Queensland.

Dated this day of , 19 Chairman/ Acting Chairman of the Solicitors' Board.

Form 13 (Rule 68)

NOTICE PREVIOUS TO ADMISSION AS A SOLICITOR

I intend to apply to the Full Court on the day of , 19 , to be admitted to practice as a Solicitor of the Supreme Court of Queensland.

Any objection to my admission must state the grounds for it in writing and be lodged with the Secretary of the Solicitors' Board, Supreme Court House, Brisbane, not later than 4 p.m. on the day of 19 * (*Here specify the fifth day before the day specified above,)

Name in Full: Present Address: Description:

(As, e.g., lately articled to C.D. of etc., or lately Associate to His Honour Mr. Justice C., or Solicitor, and if a Solicitor, naming every Court in which admitted to practice.)

Dated this day of ' 19

Form 14 (Rule 68)

(Usual signature of applicant.)

QUESTIONS TO BE ANSWERED BY AN APPLICANT FOR ADMISSION UNDER SUB-RULES (1) AND (2) AND PARAGRAPHS (a), (b), (c), (d), (e) OR (f) OR SUB-RULE (3) OF RULE 17 AND PARAGRAPHS (a), (b), (c), (d) OR (f) OF SUB-RULE (1), SUBRULE (2) AND PARAGRAPHS (a), (b), (c), (d), (e) OR (g) OF SUB-RULE (3) OF RULE 18.

(1) What is your age? (2) Are you a natural born or naturalised British subject? (3) Whom have you served as an articled clerk or a Judge's Associate

and during what period or periods and where?

31 [S.

( 4) Have you been admitted to a Degree of a University in the British Dominions? If so, give particulars and attach a certificate of admission to the Degree.

(5) Did the whole of your service under articles take place, in the case of each master, at the master's office? If not, state the reason.

( 6) Have you performed any part of your prescribed service as a clerk to a town agent of your master, and if so, to whom and during what period?

(7) Did you at any time interrupt your service of any master to whom you were articled or his town agent whom you were serving as a clerk, or of any Judge to whom you were Associate? If so, state the occasion and length of each interruption, and whether it was with or without the permission of the master, town agent or Judge, as the case may be.

(8) Have you since first obtaining the Board's consent in Form 2 or in Form 5 and before completing your prescribed service been engaged or concerned in any profession, trade, business, or employment other than that of clerk to a master to whom you were articled or his town agent or of Associate to a Judge? If so, give particulars.

(9) Have you since completing your prescribed service been engaged or concerned in any profession, trade, business, or employment other than that of clerk to a Solicitor? If so give particulars.

(Statement to be addressed "To the Solicitors' Board" and signed and dated.)

Form 15 (Rule 68)

QUESTIONS TO BE ANSWERED BY EACH MASTER WHOM AN APPLICANT FOR ADMISSION UNDER SUB-RULES (1) AND (2) AND PARAGRAPHS (a), (d) OR (e) OF SUB-RULE (3) OF RULE 17 and PARAGRAPHS (a), (b), (c), (d) OR (f) OF SUBRULE (1), SUB-RULE (2) AND PARAGRAPHS (a), (c), (d) OR (e) OF SUB-RULE (3) OF RULE 18 HAS BEEN SERVED AS AN ARTICLED CLERK.

( 1) During what period has A.B. served under articles to you at your office?

(2) Did A.B. at any time interrupt his service to you while he was articled to you? If so, state the occasion and length of each interruption and whether it was with or without your permission.

(3) Has A.B. to your knowledge since first obtaining the Board's consent in Form 2 or in Form 3 and before completing his prescribed service been engaged or concerned in any profession, trade, business, or employment other than that of your articled clerk?

(4) Was A.B. during the term of his articles to you, with the exceptions

S.] 32

abovementioned, fully and bona fide employed in serving in your professional work as a Solicitor or in such other service as is permitted by the Rules?

(5) Has A.B. to your knowledge since completing his prescribed service been engaged or concerned in any profession, trade, business, or employment other than that of clerk to a Solicitor? If so, give particulars.

(6) Is A.B., as regards character, a fit and proper person to be admitted as a Solicitor of the Supreme Court of Queensland?


Form 16 (Rule 68)

QUESTIONS TO BE ANSWERED BY A TOWN AGENT WHOM AN APPLICANT FOR ADMISSION UNDER SUB-RULES (1) AND (2) AND PARAGRAPHS (a), (d), OR (e) OF SUB-RULE (3) OF RULE 17 AND PARAGRAPHS (a), (b), (c), (d) OR (f) OF SUBRULE (1), SUB-RULE (2) AND PARAGRAPHS (a), (c), (d) OR (e) OF SUB-RULE (3) OF RULE 18 HAS SERVED AS A CLERK WHILE ARTICLED TO A COUNTRY SOLICITOR.

( 1) During what period have you been the town agent at of E.F., of ?

(2) Between what dates has A.B. been in your service as a clerk? (3) Did A.B. at any time interrupt his service to you as a clerk? If

so, state the occasion and length of each interruption, and whether it was with or without your permission.

(4) Was A.B. to your knowledge at any time between the dates specified in your answer to Question 2 above engaged or concerned in any profession, trade business, or employment other than that of your clerk? If so, give particulars.

· (5) Was A.B. during the period of his employment by you fully and bona fide employment in serving you in your professional business as a Solicitor?



Form 17 (Rule 68)

QUESTIONS TO BE ANSWERED BY EACH JUDGE WHOM AN APPLICANT FOR ADMISSION UNDER SUB-RULES (1) AND (2)

33 [S.

AND PARAGRAPHS (b), (c), (d), (e) OR (f) OF SUB-RULE (3) OF RULE 17 AND PARAGRAPHS (a), (b), (c), (d) OR (f) OF SUB-RULE (1), SUB-RULE (2) AND PARAGRAPHS (b), (c), (d), (e) OR (g) OF SUB-RULE (3) OF RULE 18, HAS SERVED AS AN ASSOCIATE. (1) During what period has A.B. served as your Associate? (2) Has he served to your satisfaction? (3) Is A.B., as regards character, a fit and proper person to be ad

mitted as a Solicitor of the Supreme Court of Queensland? (Statement to be addressed "To the Solicitors' Board" and signed and dated.)

Form 18 (Rule 68)

QUESTIONS TO BE ANSWERED BY AN APPLICANT FOR ADMISSION UNDER SUB-RULES (1) AND (2) AND PARAGRAPHS (g) OR (h) OF SUB-RULE (3) OF RULE 17 AND SUB-RULES (1) AND (2) AND PARAGRAPH (f) OF SUB-RULE (3) OF RULE :18.

(1) What is your age? (2) Are you a natural-born or naturalised British subject? (3) During what period or periods have you acted continuously as a

managing clerk, and under whose immediate direction and supervision?

(4) During such periods were you engaged in full-time and bona fide service as a managing clerk?

(5) Have you at any time since you first became a managing clerk been engaged or concerned in any profession, trade, business, or employment other than that of managing clerk? If so, give particulars.


Form 19 (Rule 68)

QUESTIONS TO BE ANSWERED BY EACH SOLICITOR UNDER WHOSE DIRECTION AND SUPERVISION AN APPLICANT FOR ADMISSION UNDER SUB-RULES (1) AND (2) AND PARAGRAPHS (g) OR (h) OF SUB-RULE (3) OF RULE 17 AND SUBRULES (1) and (2) AND PARAGRAPH (f) OF SUB-RULE (3) OF RULE 18 HAS ACTED AS A MANAGING CLERK.

(1) During what period or periods has A.B. acted continuously as a managing clerk under your immediate direction and supervision?

S.] 34

(2) During such period or periods was A.B. engaged in full-time and bona fide service as a managing clerk?

(3) Has A.B. to your knowledge at any time since he first became a managing clerk been engaged or concerned in any profession, trade, business, or employment other than that of a managing clerk? If so, give particulars.




Form 20 (Rule 68)

I certify that , of , has passed the examinations conducted by the University of in the following subjects:-

(Subjects to be listed in one column.) Dated this day of , 19

Registrar, University of

(NOTE:-The certificate may list all the subjects of the Articled Clerks' course, any subject not passed, from which exemption has been obtained, being deleted.)

Form 21 (Rule 68)

In the Supreme Court of Queensland In the matter of A.B.

I, A.B., of , in the State of Queensland, barrister-at-law, make oath and say as follows:-

(1) (Here state qualification for admission under section lOA of "The Supreme Court Act of 1921.")

(2) I have not done or committed any act or thing which would render me liable to be disbarred or suspended from practice.

Sworn by the abovenamed Deponent at , this day of , before me:

Form 22 (Rule 69)

The Solicitors' Board certifies that , of , has com-plied with such of the Rules Relating to the Admission of Solicitors of the Supreme Court of Queensland as he is required to comply with in order to be admitted as a Solicitor (if has not fully complied add "except that" and set out extent of non-compliance) and that he is a fit and

35 [S.

proper person to be admitted. On behalf of the Board,

Dated this day of Chairman (or Acting Chairman).

' 19

Form 23 (Rule 72)

I hereby certify that , of , was on the day of , 19 , admitted to practice as a Solicitor of the Supreme Court of Queensland.

Given under my hand and seal of the Court at Brisbane this day of , 19

Form 24 (Rule 75)

[L.S.] Registrar.

AFFIDAVIT BY APPLICANT FOR ADMISSION UNDER RULE 74. In the Supreme Court of Queensland Motion No. of 1974. In the matter of the Rules relating to the Admission of Solicitors of the

Supreme Court of Queensland and in the matter of an Application by of in the State of Queensland for Conditional Ad-

mission as a Solicitor of the Supreme Court of Queensland. 1, , of , in the State of Queensland, gentleman, make

oath and say as follows:-(1) I was on the day of , A.D., 19 , admitted

to practice as a Solicitor of the Court of (2) I have not done or committed any act or thing which would render

me liable to have my name struck off the roll of or to be suspended from practice in the said Court.

(3) To the best of my knowledge and belief my name still remains on the roll of of the said Court.

(4) The copies of certificates exhibited hereto are true copies of (a) my certificate of admission and (b) my present eligibility to practice.

(5) I am the person named therein. (6) I refer to , of , and , of

resident within the said State, as persons to whom I am known. (7) I undertake to publish as required by the Rules of this Honourable

Court notice of my intention to apply for admission and to file in in Court and serve on the Board an affidavit of such publication and that I have otherwise in all respects complied with the said Rules.

Sworn by the abovenamed Deponent at this day of before me:

s~] 36

Form 25 (Rule 76)

In the Supreme Court of Queensland In the matter of the Rules Relating to the Admission of Solicitors of the

Supreme Court of Queensland; and In the matter of an application by A.B., a Solicitor of the Supreme Court

of (or as the case may be), to have his conditional admission as a solicitor of the Supreme Court of Queensland made absolute.

I, A.B., of , in the State of Queensland, Solicitor, make oath and say as follows:-

(1) On the day of I was conditionally admitted as a Solicitor of this Honourable Court for a period of twelve months.

(2) Since that date I have practised as a Solicitor at in Queensland during the period (periods) (or if employed give particulars of employers and dates of employment), and I have not been engaged or occupied at any time since my conditional admission as aforesaid in any profession, business, pursuit, or calling other than that of a Solicitor, law clerk, or legal officer.

(3) I have not committed or been privy to or cognisant of any act, omission, matter or thing disentitling me to the making of my admission absolute.

( 4) I did on the day of , serve upon the Secretary of the Solicitors' Board, and also upon the Secretary of the Queensland Law Society Incorporated, a written notice of my intention to apply to this Honourable Court to have my said conditional admission as a Solicitor made absolute.

"Sworn by the abovenamed Deponent, at , this day of , before me: "


Form 26 (Rule 81)

I, (full name, address and description), hereby elect to be subject to the Rules of 1961/1968 (delete whichever is not applicable).


Form 27 (Rule 93)

Signature of Declarant.

In the Supreme Court of Queensland I, (state name, address, etc., at full length), hereby appeal against a

decision of the Solicitors' Board that (state shortly the decision) on the grounds that (state bdefly and clearly the grounds of appeal).

Dated this day of , 19 (Name in full).

To The Solicitors' Board.

37

Form 28 (Rule 98)

[S.

I, (full name, address, and description), of hereby apply to The Solicitors' Board for permission to pursue the Solicitors' Board Examinations by virtue of the provisions of "The Legal Practitioners Acts, 1881 to 1965", and enclose herewith/attach hereto full particulars and/or information to enable the application to be considered and determined by The Solicitors' Board. ·

(Applicant to forward with application sufficient particulars/information to establish (if such be the case) with the Solicitors' Board that he is entitled to apply and to sit for examination.)


Form 29 (Rule 30)

Signature:

I, (name in full), of (Address, and profession, occupation, or position), certify that (name and description of applicant) has been personally known to me for upwards of years. (Here state relationship, if any.)

I believe him to be of good character and a fit and suitable person to be accepted as an Articled Clerk with a view to being admitted as a Solicitor of the Supreme Court of Queensland.

I am able to sign this statement from my own knowledge of the applicant, which is based on (here set out the extent of knowledge of the applicant and the oppurtunities which the person certifying has had of judging the applicant's character, fitness, and suitability.)

Dated this day of , 19 Supreme Court, Brisbane.

w-·~

·····-

To The Solicitors' Board.

Form 30 (Rule 40)

I, (full name, address and description), of , hereby apply for the consent of The Solicitors' Board pursuant to Rule 40 to my service as managing clerk counting as service for the purpose of the Rules relating to the Admission of Solicitors in the Supreme Court of Queensland and attach hereto the evidence and statement(s) required by paragraph (2) of that Rule.

Dated this day of , 119 Signed:

S.] 38

Form 31 (Rule 40)

The Solicitors' Board

To: The Solicitors' Board has received your application for its consent of the

day of , 19 , and I hereby certify that the Solicitors' Board has consented to your service as managing clerk counting as service for the purpose of the Rules relating to the admission of Solicitor of the Supreme Court of Queensland.

Dated the day of , 19 Secretary of the Solicitors' Board.

The following enactments are those which most commonly need to be referred to, in connection with admission of Barristers and Solicitors of the Supreme Court of Queensland.

A. ADMISSION OF CERTAIN BARRISTERS AS SOLICITORS "The Supreme Court Act of 1921 ", s. lOA, inserted by s. 7 of "The

Legal Practitioners Acts Amendment Act of 1938", and amended by s. 4 of "The Supreme Court Acts and Another Act Amendment Act of 1955". (lOA) Any barrister of good repute-

(a) who has been admitted or shall be admitted on or prior to the thirtieth day of June, one thousand nine hundred and thirty-nine~ or

(b) Who shall have been admitted after the thirtieth day of June, one thousand nine hundred and thirty-nine, and who shall have been three years in actual practice in Queensland; or

(c) Who shall have served under articles of clerkship to a solicitor of the Supreme Court of Queensland for a period of three years; or

(d) Who shall subsequently to his enrolment as a barrister have for a period of three years served with a solicitor of the Supreme Court of Queensland as a law clerk, or served as an associate to a judge of the High Court or Supreme Court or in the office of the SolicitorGeneral or the Crown Solicitor or in the office in Queensland of the Crown Solicitor for the Commonwealth or a Deputy Crown Solicitor for the Commonwealth or in the office of a Registrar of the Supreme Court (in the registries at Brisbane, Rockhampton, or Townsville), or in any office (including any branch office) of the Public Curator (which period of three years in this paragraph (d) may be made up of service wholly for that period in one such capacity as aforesaid or partly in one and partly in any other capacity or capacities),

shall upon motion in open court at his own request be admitted as a solicitor without being required to pass any examination, and thereupon his name shall be removed from the Roll of Barristers.

39 [S.

B. ADMISSION OF CERTAIN SOLICITORS AS BARRISTERS "The Supreme Court Act of 1867", s. 40 40. Attorneys in certain cases may be called to the bar upon motion in

court-Any attorney solicitor or proctor of good repute in his profession having been three years in actual practice in Great Britain or the colony who shall pass the examination in classics or mathematics prescribed for persons seeking admission to the bar or who shall have a certificate of honor or other academical distinction in classics mathematics or law from any university or college within the British dominions may upon motion in open court be called and admitted a barrister-at-law.

Provided tpat when so called and admitted he shall cease to practise as an attorney solicitor or proctor and shall be struck off the roll of the Supreme Court but nothing herein contained shall extend to relieve persons so called and admitted from any action suit penalty or liability for misconduct neglect or other matter in the practice of his profession of an attorney solicitor or proctor nor to disable him from recovering the costs and charges due to him when so called and admitted or from asserting his right of lien or from being again admitted to practice as an attorney solicitor or proctor if disbarred by motion in open court.at his own request without having been guilty of misconduct in the exercise of his profession of a barrister-at-law.

"The Supreme Court Act of 1921". s. 10. 10. Admission of certain solicitors as barristers.-Every solicitor of the

Supreme Court of Queensland of good repute in his profession, having been five years in actual practice in Queensland, shall upon motion in open court at his own request be called and admitted as a barrister-at-law without being required to pass any examination. C. ADMISSION OF CERTAIN PUBLIC SERVANTS AS SOLICITORS

"The Legal Practitioners Acts Amendment Act of 1968", ss. 3 to 7. 3. Repeal of s. 9 of 2 Geo. VI No. 20. Subject to the provisions of this

Act, section 9 of The Legal Practitioners Act Amendment Act of 1938, as subsequently amended, is hereby repealed.

4. Meaning of terms. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-

"Board"-the Solicitors' Board constituted under the Rules of Court; "Rules of Court"-"The Solicitors' Admission Rules, 1968" or any

rules for the time being in force relating to the admission of Solicitors of the Supreme Court of Queensland in substitution therefor or amendment thereof;

"Solicitor" -solicitor of the Supreme Court of Queensland; "Solicitors' Board examinations"-examinations conducted by the

Board under and in accordance with the Rules of Court. 5. Construction. The Rules of Court shall be read with and subject to

the provisions of this Act. 6. Solicitors' Board examinations. Any person who satisfies the Board

that-

S.] 40

(a) he possesses one of the educational qualifications thai would be required of him if he were seeking the consent of the Board to enter into articles of clerkship; or

(b) he has passed the examination qualifying him for promotion to the position of Clerk of a Magistrates Court and Mining Registrar,

and who has paid the fee prescribed by Rules of Court for permission to pursue the Solicitors' Board examinations, may pursue the Solicitors' Board examinations by complying with the Rules of Court relating to those examinations.

7. Qualifications for admission. (1) Notwithstanding any Act or law or Rule of Court made under any Act or law, any person-

(a) who is a British subject aged twenty-one years or more; (b) . who is of good fame; (c) who is an officer within the meaning of The Public Service Acts,

1922 to 1965, and has-(i) completed the Solicitors' Board examinations and completed

a period of ten years' service as prescribed by subsection (2) of this section, or

(ii) obtained at a University a degree in law approved by the Board and completed a period of five years·' service as prescribed by subsection (2) of this section; ·

(d) who has complied with the Rules of Court relating to-(i) the sticking up, delivery and advertising of notices of in

tention to apply for admission; (ii) the delivery of certificates of passing or, completion of, the

relevant examinations; (iii) the filing and delivery of affidavits relating to compliance

with the Rules of Court; (iv) the payment of fees; and

(c) who has filed in the Supreme Court office at Brisbane-(i) an affidavit declaring the extent of his compliance with this

Act; (ii) a certificate or certificates issued by the Under Secretary of

the Department or, as the case may be, Departments of the Public Service in which the service as prescribed by suosection (2) of this section has been served certifying as to the period or periods of that service,

shall be entitled to be admitted to practice as a solicitor. (2) The period of service to be completed for the purpose of subsection

(I) of this section-(a) shall be served as a clerk (which term shall include any appointment

in the Public Service of a higher grade than that of clerk) in one or more of the following offices.-

(i) the Solicitor-General's office; (ii) the Crown Solicitor's office; (iii) the Public Defender's office; (iv) any branch or section (other than the offices of the Solicitor-

41 [S.

General, the Crown Solicitor and the Public Defender) of the Chief Office of the Department of Justice;

(v) the Parliamentary Counsel and Draftsman's Office; (vi) a Registry of the Supreme Court; (vii) a Registry of a District Court;

(viii) the Public Curator's office (including any branch office thereof);

(ix) an office of a Clerk of a Magistrates Court; (b) may include service wholly before or wholly after or partly before

and partly after the passing of this Act; (c) need not be continuous service; (d) may if the Board directs include service in the Commonwealth

Naval, Military or Air Forces but not so as to reduce the period of actual service to less than six years in the case of sub-paragraph (i) of paragraph (c) of subsection (1) of this section, and to less than three years in the case of sub-paragraph (ii) of paragraph (c) of subsection (I) of this section.

(3) A person who is entitled to be admitted to practise as a solicitor pursuant to subsection (1) of this section shall not be required to serve or have served under any articles of clerkship or to complete or have completed any period of practical training other than the period of service referred to in subsection ( 1) of this section.

(4) Service by any person in an office specified in paragraph (a) of subsection (2) of this section shall for the purpose of those rules of the Rules of Court relating to the conditional admission as solicitors in Queensland of persons admitted as solicitors outside Queensland, be and be -deemed to be· employed as a law clerk or legal officer in Queensland.

D. ADMISSION OF CERTAIN SOLICITORS IN THE PUBLIC SERVICE AS BARRISTERS

"The Legal Practitioners Acts Amendment Act of 1968", s. 8 8. Admission of certain solicitors as barristers. (1) Any solicitor of good

repute who-(a) is serving in any one of the following offices:

(i) the Solicitor-General's office; (ii) the Crown Solicitor's office; (iii) the Public Defender's office; (iv) the Parliamentary Counsel and Draftsman's office; ( v) a Registry of the Supreme Court; (vi) the Public Curator's office (including any branch office

thereof) ; or (b) is serving in or occupying the position of Chief Land Court Advo-

cate, a Land Court advocate or an assistant Land Court advocate, and who has completed a period of five years' service as prescribed by subsection (2) of this section shall upon motion at any sittings of the Full Court of Queensland at his own request be called and admitted as a barrister-at-law without being required to pass any examination, and there-

S.] 42

upon his name shall be removed from the Roll of Solicitors. (2) The period of service to be completed for the purposes of subsection

( 1) of this section shall be served after admission as a solicitor in one or more of the following poitions or capacities-

( a) an officer performing official duties as a solicitor in one or more of the offices set forth in subsection (2) of section 7 of this Act~

(b) a stipendiary magistrate; (c) a registrar, deputy registrar or taxing officer of the Supreme Court; (d) a registrar of a District Court; (e) a clerk of a Magistrates Court~ (f) Chief Land Court Advocate, a Land Court advocate or an assitant

Land Court Advocate. In calculating such period of service, service wholly before or wholly

after or partly before and partly after the passing of this Act may be included.

E. TRANSITIONAL PROVISIONS "The Legal Practitioners Acts Amendment Act of 1968", s 9(2) 9. (2) (a) The provisions of section 9 of The Legal Practitioners Act

Amendment Act of 1938 as in force immediately after the passing of The Legal Practitioners Acts Amendment Act of 1961 shall, notwithstanding section 3 of this Act, apply (and it is hereby declared always to have applied) to and in respect of any person who is serving or has served in any office mentioned in subsection ( 1) of the said section 9 and who is pursuing the Articled Clerk's Course, and for that purpose such provisions shall be deemed to continue in force but such provisions shall cease to apply to and in respect of any such person who has not completed the Articled Clerks' Course on or before the thirty-first day of December, one thousand nine hundred and seventy-seven:

Provided that any such person may at any time before the thirty-first day of December, one thousand nine hundred and seventy, elect to take the benefit of the provisions of this Act and thereupon the Board shall grant him exemption from passing in such of the subjects of the Solicitors' Board examinations as it considers equivalent to subjects already passed by that person at any examination and such further exemptions, if any, as it may consider proper in the circumstances of his case.

(b) If any such person has not completed the Articled Clerks' Course on or before the thirty-first day of December, one thousand nine hundred and seventy-seven, the Board shall grant him exemption from passing in such of the subjects of the Solicitors' Board examinations as it considers equalivalent to subjects already passed by that person at any examination and such further exemptions, if any, as it may consider proper in the circumstances of his case.

(c) In this subsection the expression "Articled Clerks' Course" means the course of study referred to by that expression in the rules relating to admission of solicitors, in force, immediately prior to the Rules of Court.

43 [S.

[N.B. The relevant portions of s. 9 of "The Legal Practitioners Acts Amendment Act of 1938", as amended and as in force immediately after the passing of the "The Legal Practitioners Acts Amendment Act of 1961 ".]

9. (1) Notwithstanding any Act or law or Rule of Court made under any Act or law, any person who shall have completed ten years' service as a clerk (including any appointment of a higher grade than clerk) in the office of-

(a) The Solicitor-General; or (b) The Crown Solicitor; or (c) A Registrar of the Supreme Court (in the registries at Brisbane,

Rockhampton, or Townsville); or (d) The Public Curator (including any branch office); or (e) Any Clerk of Petty Sessions in the State,

which service may be made up of service for that period in any one capacity as aforesaid or partly in one and partly in any other such capacity or capacities and who shall in accordance with the Rules relating to the Admission of Solicitors of the Supreme Court of Queensland, but subject to such exemptions as the Solicitors' Board may have granted to him, have completed a coure of study referred to in those Rules as an Articled Clerks' Course, and ,otherwise have complied (but subject to this section) with those Rules, shall be entitled to be admitted as a solicitor of the Court.

(2) No person to whom subsection one of this section applies shall be required to have served under any articles of clerkship.

( 4) In calculating any period of service prescribed by this section, service, whether wholly before or wholly after or partly before and partly after the commencement of "The Supreme Court Acts and Another Act Amendment Act of 1955", shall be included.

(5) This section shall be read in aid of and not in derogation of the Rules of Court relating to the Admission of Solicitors of the Supreme Court, and to the intent that the rights under such Rules of any person in respect of such admission shall not be affected by this section.]

"The Legal Practitioners Act Amendment Act of 1965, s. 2 2. (1) Amendment of s. 9 (1). Subsection (1) of section nine of the

Principal Act is amended by inserting after subparagraph (b) the following subparagraph:-

" (bb) any branch or section (other than the offices of the SolicitorGeneral and the Crown Solicitor) of the Chief Office of the Department of Justice."

(2) The provisions of this section shall be deemed to have had force and effect as from the coming into operation of the Principal Act, and any reference in any Act, rule, or other instrument, including this Act, to section nine of "The Legal Practitioners Act Amendment Act of 1938", as it was in force immediately prior to the passing of "The Legal Practitioners Acts Amendment Act of 1961", shall be read accordingly.

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