Find

Find

Search for over 100,000 study notes and past assignments!

Swap

Swap

Download study resources by swapping your own or buying Exchange Credits.

Study

Study

Study from your library anywhere, anytime.

45 Pages Complete Study Notes Year: Pre-2018

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


This document is 50 Exchange Credits

https://www.thinkswap.com/plag-scan/au/uq/laws5217-legal-profession/legal-profession-notes

More about this document:

This document has been hand checked

Every document on Thinkswap has been carefully hand checked to make sure it's correctly described and categorised. No more browsing through piles of irrelevant study resources.

This is a Complete Set of Study Notes

Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.

What are Exchange Credits?

Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive Exchange Credits. These credits can then be used to download other documents for free.

Satisfaction Guarantee

We want you to be satisfied with your learning, that’s why all documents on Thinkswap are covered by our Satisfaction Guarantee. If a document is not of an acceptable quality or the document was incorrectly described or categorised, we will provide a full refund of Exchange Credits so that you can get another document. For more information please read Thinkswap's Satisfaction Guarantee.

Academic Integrity
Studying with Academic Integrity

Studying from past student work is an amazing way to learn and research, however you must always act with academic integrity.

This document is the prior work of another student and has been made available to plagiarism detection tools. Do not copy from this work. Understand how you can responsibly use this work by visiting ‘Using Thinkswap resources correctly’.

Claim a Bounty

Legal Profession Notes - Page 1
Page 1 /45
Page 1 /45
Legal Profession Notes - Page 22
Page 22 /45
Page 22 /45
Legal Profession Notes - Page 33
Page 33 /45
Page 33 /45

Similar documents to "Legal Profession Notes" avaliable on Thinkswap

Documents similar to "Legal Profession Notes" are suggested based on similar topic fingerprints from a variety of other Thinkswap Subjects

Browse UQ Subjects

University

High School