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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 21 August 2017 at 12:52)
Part 65C Division 1
Division 1 Application for admission
1   Application by person approved by a Board
A person who has been approved by:
(a)  the former Barristers Admission Board or the former Solicitors Admission Board as a suitable candidate for admission as a barrister or as a solicitor, or
(b)  the Legal Practitioners Admission Board as a suitable candidate for admission as a legal practitioner,
may, unless the Court otherwise orders, apply for admission without having filed any originating process in the Court.
2   Admission, other than of interstate applicant
(1)  This rule applies to an application for admission as a legal practitioner other than an application to which rule 3 or rule 4 applies.
(2)  Every person applying for admission as a legal practitioner shall personally attend in Court and shall on such admission:
(a)  take the oath of office as a legal practitioner, and
(b)  sign the Roll of Legal Practitioners in the Court,
and shall be entitled to receive a certificate bearing the seal of the Court.
3   Interstate applicant, other than under the Mutual Recognition Act
(1)  This rule applies to an application for admission as a legal practitioner by a person whose name is on the Roll of Barristers, the Roll of Solicitors, the Roll of Barristers and Solicitors or the Roll of Legal Practitioners of the Supreme Court of any other State or Territory of Australia.
(2)  An application to which this rule applies may, at the request of the applicant, be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.
(3)  A request under subrule (2) may be included in the applicant’s form of application for admission under the Legal Practitioners Admission Rules 1994.
(4)  Where the applicant makes a request under subrule (2) and the applicant is admitted, he or she shall, at the request of this Court, attend at the office of the Supreme Court of his or her State or Territory and:
(a)  take the oath of office as a Legal Practitioner in Form 70AA, and
(b)  sign a Roll of Legal Practitioners (being a Roll kept in the office of that court for the purpose of this rule).
(5)  When this Court has received from the other court:
(a)  the form of oath of office duly completed, and
(b)  notification of the signing of a Roll under subrule (4) (b),
then:
(c)  the Prothonotary shall enter or cause to be entered the name of the person admitted in the Roll of Legal Practitioners in this State, and
(d)  the person admitted shall be entitled to receive a certificate bearing the seal of this Court.
(6)  This rule does not apply to proceedings commenced by notice under Section 19 (1) of the Mutual Recognition Act.
4   Application under the Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act
(1)  This rule applies to proceedings commenced by notice under section 19 (1) of the Mutual Recognition Act or under section 18 (1) of the Trans-Tasman Mutual Recognition Act.
(2)  The notice must, unless the Court otherwise orders:
(a)  be lodged by filing it in the registry at Sydney,
(b)  show the name, residential address and business address of the applicant,
(c)  where the applicant is represented by a solicitor show:
(i)  the name, address and telephone number of the solicitor, and
(ii)  if that solicitor has another solicitor as agent in the proceedings—the name, address and telephone number of the agent,
(d)  show an address for service,
(e)  be dated not more than 14 days before the date on which it is filed, and
(f)  be accompanied by a certificate which:
(i)  evidences the existing registration which gives rise to the entitlement of the applicant to entry in the Roll of Legal Practitioners,
(ii)  is given by the proper officer:
(A)  of the Supreme Court of the State or Territory where such registration occurred or, where applicable, of the High Court of New Zealand, or
(B)  of a body, having functions similar to the Legal Practitioners Admission Board, of the State or Territory where such existing registration occurred or, where applicable, of New Zealand, and
(iii)  is dated not more than 28 days before the date on which it is filed,
unless the document mentioned in section 19 (3) of the Mutual Recognition Act or section 18 (3) of the Trans-Tasman Mutual Recognition Act, accompanying the notice, fulfils the requirements of this paragraph.
(3)  The applicant shall, on or before the day of filing, serve the notice and accompanying documents on the Legal Practitioners Admission Board, the New South Wales Bar Association, and the Law Society of New South Wales and shall file an affidavit of service within 14 days of filing the notice.
(4)  The applicant shall:
(a)  prior to, or
(b)  within 14 days after,
filing the notice attend:
(c)  at a registry of the Court,
(d)  at the office of the Supreme Court of his or her State or Territory, or
(e)  where application is made under the Trans-Tasman Mutual Recognition Act—a person in New Zealand authorised under New Zealand law to take oaths,
and take the oath of office as a legal practitioner in Form 70AA, and cause the certificate included in that Form to be completed and shall:
(f)  at the time of, or
(g)  within 14 days after,
filing the notice, file the form of oath and the certificate.
(5)  Despite rule 31.2 of the Uniform Civil Procedure Rules 2005:
(a)  the statements and other information in the notice which are verified by statutory declaration,
(b)  the document mentioned in:
(i)  section 19 (3) of the Mutual Recognition Act, certified under section 19 (4) of that Act, or
(ii)  section 18 (3) of the Trans-Tasman Mutual Recognition Act, certified under section 18 (4) of that Act,
accompanying the notice, and
(c)  the certificate referred to in subrule (2) (f),
are admissible in evidence and, unless the Court otherwise orders, shall not be the subject of oral evidence by the applicant.
(6)    (Repealed)
(7)  The application for enrolment made by the notice may be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.
(8)  If the Court is satisfied that the applicant is entitled to enrolment, it shall order that the applicant be admitted as a legal practitioner and:
(a)  the Prothonotary shall enter or cause to be entered the name of the person admitted in the Roll of Legal Practitioners, and
(b)  the person admitted shall be entitled to receive a certificate bearing the seal of the Court.
5   Administering oaths for other courts
(1)  A registrar may administer the oath of office of a Supreme Court of another State or Territory of Australia to a New South Wales legal practitioner who is required to take the oath for the purpose of being admitted as a lawyer by that court.
(2)  In subrule (1) “oath of office” and “oath” include any affirmation or declaration that may be taken in lieu of the oath of office.