Legal Profession Notes

1 Found helpful • 45 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LAWS5217 - Legal Profession

In Qld the admitting authority is the SC when sitting as the Court of Appeal: s35 LPA Generally thee HCA will refuse to grant leave to appeal: QLD Law Society v Taylor Applicants are recommended by the admissions board per ss39-40 LPA There are two requirements relevant for admission (and also certification): 1. ELIGIBILITY a) Per the Supreme Court (Admissions Rules) s6 applicants must have completed the ‘Priestley 11’ and a recognised academic course b) Completed PLT (s7 Admissions Rules) or Supervised Training for one year (s9G Admissions Rules) 2. SUITABILITY Must be a ‘fit and proper person’ to be a lawyer – s31(1) LPA (also s46(1) for certification) The court can probe into a person’s intrinsic character per Janus v Qld Law Society The admissions board can request police report on convictions; s86 LPA, if they consider it ‘appropriate’ s82(2). May require a health assessment s87. The basic goal for deciding whether an applicant is suitable to be a lawyer is protection of the public: Incorporated Law Institute of NSW v Meagher S9 LPA sets out the issues relevant to suitability. These matters MUST be disclosed but are not exhaustive. • Is of good fame and character; • Is or has been a bankrupt; • Has been convicted of an offence in Australia or elsewhere; • Has practised law in Australia or elsewhere when not entitled to; • Is being, or has been, the subject of an unresolved complaint concerning legal practice or discipline in another profession; • Has been removed from the legal practitioner’s roll, the old barristers’ or solicitors’ roll, or an interstate or foreign roll of lawyers; • Has had rights of legal practice cancelled or suspended; • Has broken any Australian or foreign law about trust accounts; • Has been in a legal practice that was placed under supervision, management or receivership; • Has ever been ordered not to work in a legal practice; or • Is the person unable to carry out the inherent requirements of practice. The element of ‘good fame and character’ requires a high degree of honesty and candour. Re Hampton: this was the case about the nurse, if it emerges that an applicant has not been frank with the court then their application is to be rendered as doubtful at the least Note with criminal offences s9 the court should inquire into the nature of offence, how long ago the offence was committed, persons age when the offence was committed And s11 defines a ‘conviction’ to include a finding of guilt, acceptance of a guilty plea and a conviction before the commencement of this act Continuing obligation to disclose convictions and other relevant matters under s57 within seven days Note academic misconduct is not a matter listed for disclosure but it has been considered relevant to good character

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