Supreme Court (Chapter II Legal Profession Amendments) Rules 2015
S.R. No. 142/2015
table of provisions
RulePage
RulePage
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Heading to Order 14 amended
6Definition
7Rule 14.02 revoked
8Rule 14.03 substituted
9Rule 14.04 substituted
10Application for admission
11Applicants to appear in person
12Rule 14.07 substituted
13Definition—Part 3
14Appeal on a question of law
15Rule 14.13 substituted
16Definitions
17Application for certificate of eligibility
18Application for appointment as public notary
19Notice of application for appointment
20Rule 15.06 substituted
21Notification after appointment
22Rule 15.08 substituted
23Roll of public notaries
24Form 2–14
25Form 2–15A substituted
26Form 2–15B
27Form 2–15C
28Form 2–15D
29Form 2–15E substituted
30Form 2–15F
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Endnotes
1
Supreme Court (Chapter II Legal Profession Amendments) Rules 2015
S.R. No. 142/2015
statutory rules 2015
S.R. No. 142/2015
1
Supreme Court (Chapter II Legal Profession Amendments) Rules 2015
S.R. No. 142/2015
Supreme Court Act 1986
1
Supreme Court (Chapter II Legal Profession Amendments) Rules 2015
S.R. No. 142/2015
Supreme Court (Chapter II Legal Profession Amendments) Rules 2015
1
Supreme Court (Chapter II Legal Profession Amendments) Rules 2015
S.R. No. 142/2015
The Judges of the Supreme Court make the following Rules:
1Object
The object of these Rules is to amend Orders 14 and 15 of Chapter II of the Rules of the Supreme Court as a result of the enactment of the Legal Profession Uniform Law (Victoria).
2Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
3Commencement
These Rules come into operation on 7 December 2015.
4Principal Rules
In these Rules, the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008[1] are called the Principal Rules.
5Heading to Order 14 amended
In the heading to Order 14 of the Principal Rules, for "PRACTISE" substitute "THE AUSTRALIAN LEGAL PROFESSION".
6Definition
(1)For the heading to Rule 14.01 of the Principal Rules, substitute—
"Definitions".
(2)In Rule 14.01 of the Principal Rules, for the definition of the Actsubstitute—
"the Act means the Legal Profession Uniform Law Application Act 2014;
Victorian Legal Admissions Board has the same meaning as it has in the Act;
Victorian Legal Services Board has the same meaning as it has in the Act.".
7Rule 14.02 revoked
Rule 14.02 of the Principal Rules is revoked.
8Rule 14.03 substituted
For Rule 14.03 of the Principal Rules substitute—
"14.03 Appeals under Division 3 of Part 2.2 of the Legal Profession Uniform Law (Victoria)
An appeal under section 26 or section 27 of the Legal Profession Uniform Law (Victoria) shall be brought in accordance with Order 4 which, so far as applicable to an appeal to the Trial Division, shall apply—
(a)subject to section 28 of the Legal Profession Uniform Law (Victoria); and
(b)with any necessary modification.".
9Rule 14.04 substituted
For Rule 14.04 of the Principal Rules substitute—
"14.04 Oath or affirmation of office
The oath or affirmation of office under section 16(1)(c) of the Legal Profession Uniform Law (Victoria) may be in
Form2–14.".
10Application for admission
In Rule 14.05(1) of the Principal Rules, for "section 2.3.4(1) of the Act" substitute "section16 of the Legal Profession Uniform Law (Victoria)".
11Applicants to appear in person
In Rule 14.06(2) of the Principal Rules, for "certificate and recommendation of the Board of Examiners, or order of the Court" substitute "compliance certificate issued under section 19 of the Legal Profession Uniform Law (Victoria)".
12Rule 14.07 substituted
For Rule 14.07 of the Principal Rules substitute—
"14.07 Objections
Any person desiring to object under section16(3) of the Legal Profession Uniform Law (Victoria) to the admission of a particular person may do so before a Judge not less than 14 days before the day appointed for the applicant's admission.".
13Definition—Part 3
Rule 14.11 of the Principal Rules is revoked.
14Appeal on a question of law
Rule 14.12 of the Principal Rules is revoked.
15Rule 14.13 substituted
For Rule 14.13 of the Principal Rules substitute—
"14.13 Removal from Supreme Court roll
(1)If VCAT makes an order under section302(1)(f) of the Legal Profession Uniform Law (Victoria) recommending that the name of a lawyer be removed from the Supreme Court roll, the Victorian Commissioner (within the meaning of the Act) shall forthwith apply to the Court by originating motion for the Court to determine whether the name of the lawyer should be removed from the Supreme Court roll.
(2)The originating motion shall name the Victorian Commissioner as plaintiff and the lawyer as defendant.
(3)The plaintiff shall file an affidavit in support setting out the acts, facts, matters and circumstances which led to the making of the order and exhibiting—
(a)a copy of the order certified as correct by the registrar of VCAT; and
(b)any reasons given by VCAT for the making of the order.
(4)The plaintiff shall serve the originating motion and a copy of the affidavit on the defendant as soon as is practicable.
(5)Within seven days after filing the originating motion, the plaintiff shall apply on summons to an Associate Judge for directions.
(6)The Associate Judge shall refer the application under paragraph (1) to a Judgeof the Court for hearing and determination.".
16Definitions
In Rule 15.01 of the Principal Rules, for the definition of the Secretarysubstitute—
"Victorian Legal Admissions Board has the same meaning as it has in the Legal Profession Uniform Law Application Act 2014;
Victorian Legal Services Board has the same meaning as it has in the Legal Profession Uniform Law Application Act 2014.".
17Application for certificate of eligibility
(1)In Rule 15.02(2) of the Principal Rules, for "Secretary" substitute "Victorian Legal Admissions Board".
(2)For Rule 15.02(3) of the Principal Rules substitute—
"(3)An applicant shall provide to the Victorian Legal Admissions Board such further or other information as the Board requires.".
18Application for appointment as public notary
In Rule 15.04(1)(b) of the Principal Rules, for "Board of Examiners" substitute "Victorian Legal Admissions Board".
19Notice of application for appointment
In Rule 15.05 of the Principal Rules—
(a)in paragraph (a), for "Secretary" substitute "Victorian Legal Admissions Board";
(b)in paragraph (b), for "Secretary" substitute "Board".
20Rule 15.06 substituted
For Rule 15.06 of the Principal Rules substitute—
"15.06 Oath or affirmation of office
The applicant for appointment shall take an oath or affirmation of office in
Form2–15E.".
21Notification after appointment
In Rule 15.07 of the Principal Rules, before "Legal Services" (where twice occurring) insert "Victorian".
22Rule 15.08 substituted
For Rule 15.08 of the Principal Rules substitute—
"15.08 Appeal from Victorian Legal Admissions Board
An appeal under section 7(1) of the Act shall be brought in accordance with Order 4 which, so far as applicable to an appeal to the Trial Division, shall apply—
(a)subject to section 7 of the Act; and
(b)with any necessary modification.".
23Roll of public notaries
In Rule 15.09(3)(b) of the Principal Rules, before "Legal Services" insert "Victorian".
24Form 2–14
In Form 2–14 of the Principal Rules—
(a)omit "(2)";
(b)after "a member of the" (where twice occurring) insert "Australian".
25Form 2–15A substituted
For Form 2–15A of the Principal Rules substitute—
"Form 2–15A—Application for certificate of eligibility
Rule 15.02
Application for Certificate of Eligibility
IN THE SUPREME COURT OF VICTORIA
IN THE MATTER of the Public Notaries Act 2001
and
IN THE MATTER of an application by [full name]
TO:The Victorian Legal Admissions Board
[insert address]
I, [full name, address and occupation], apply to the Board for a certificate that I am eligible to be appointed as a public notary under the Public Notaries Act 2001 of the State of Victoria.
Date:
Signed:
[State clearly: Mr, Ms, Mrs, Miss]
MY DATE OF BIRTH is:
MY BUSINESS TELEPHONE NUMBER is:
AS REQUIRED, I SUPPLY THE FOLLOWING INFORMATION:
1.I am an Australian lawyer and am on the Supreme Court roll or on a Supreme Court roll as defined inthe Legal Profession Uniform Law (Victoria).
2.I am *a/*the principal of alaw practice (as defined in the Legal Profession Uniform Law (Victoria)),namely [insert name] and Icarry on practice at the office of that law practice at [address where applicant most often works] [*The law practice also has offices in[identify location of other offices, if any] ].
3.I have held for a period of[number] years an Australian practising certificate authorising me to engage in legal practice as a principal within the meaning of the Legal Profession Uniform Law (Victoria)[*and previous corresponding enactments]and acertificate of standing issued by the Law Institute of Victoria is annexed.
4.I have completed a course of study related to notarial practice approved by the Victorian Legal Admissions Board, namely the course [identify the course of study undertaken and completed], and a certificate from the [name of institution] that I have completed that course is annexed hereto.
5.If a certificate of eligibility is granted to me and I apply to be appointed as a public notary under the Public Notaries Act 2001, I wish to comply with Rule15.06 of Chapter II of the Rules of the Supreme Court by *taking an oath/*making an affirmation.
6.[*Subject to paragraph 7,] I have never been suspended from practice or found guilty of professional misconduct or unsatisfactory professional conduct in this or any other jurisdiction and to the best of my knowledge and belief no complaint against me to any designated local regulatory authority as defined in the Legal Profession Uniform Law (Victoria)is pending either in Victoria or elsewhere.
*7.I bring to the notice of the Board the facts set out in the document which is exhibited to my affidavit and I ask the Board to consider whether those facts adversely affect my application.
*Delete if inapplicable
AFFIDAVIT OF VERIFICATION
I, [full name, address and occupation], *make oath/*affirm and say as follows:
1.I am the abovenamed applicant.
2.All of the information set out in this application is to the best of my knowledge and belief true and correct in every particular and the annexures are what they purport to be.
*3.Now produced and shown to me and marked with the letter "A" is the document setting out the further facts that I seek to draw to the Board's attention, all of which further facts are to the best of my knowledge and belief true and correct in every particular.
*Sworn/*Affirmed, etc.
*Delete if inapplicable".
26Form 2–15B
In Form 2–15B of the Principal Rules—
(a)for "the Board of Examiners" (wherever occurring) substitute "the Victorian Legal Admissions Board";
(b)for "Council of Legal Education" substitute "Board";
(c)for "BOARD OF EXAMINERS" substitute "VICTORIAN LEGAL ADMISSIONS BOARD".
27Form 2–15C
(1)For items 3 and 4 of Form 2–15C of the Principal Rules substitute—
"3.I am *a/*the principal of a law practice within the meaning of the Legal Profession Uniform Law (Victoria), namely [insert name of law practice] and I carry on practice at [address].
4.The Victorian Legal Admissions Board has issued to me a certificate of eligibility dated [date] under section 5 of the Act, certifying that I am eligible for appointment as a public notary, and I have filed that certificate with the originating motion in this proceeding.".
(2)In Form 2–15C of the Principal Rules, for "Sworn" substitute "*Sworn/*Affirmed".
28Form 2–15D
In Form 2–15D of the Principal Rulesfor the words and expressions commencing "I am *a/*the" and ending "of [address]"substitute—
"I am *a/*the principal of a law practice within the meaning of the Legal Profession Uniform Law (Victoria), namely [insert name of law practice] and I carry on practice at [address].".
29Form 2–15E substituted
For Form 2–15E of the Principal Rules substitute—
"Form 2–15E
Rule 15.06
Oath of Office
I, [full name] of [address], do swear that, if I am appointed a public notary by the Court, I will truly and honestly conduct myself in the practice of a public notary in the State of Victoria according to the best of my knowledge, skill and ability.
Affirmation of Office
I, [full name] of [address], do solemnly and sincerely affirm that, if I am appointed a public notary by the Court, I will truly and honestly conduct myself in the practice of a public notary in the State of Victoria according to the best of my knowledge, skill and ability.".
30Form 2–15F
In Form 2–15F of the Principal Rules—
(a)before "Legal" insert "Victorian";
(b)for "DX No:" substitute—
"Email:
DX No:".
Dated:26November 2015
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
PAMELA TATE, J.A.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
EMILIOS KYROU, J.A.
ANNE FERGUSON, J.A.
STEPHEN KAYE, J.A.
S. G. E. McLEISH, J.A.
ELIZABETH HOLLINGWORTH, J.
ANTHONY CAVANOUGH, J.
ROSS ROBSON, J.
JACK FORREST, J.
JAMES JUDD, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
M. L. SIFRIS, J.
JOHN DIXON, J.
C. MACAULAY, J.
GREG GARDE, J.
G. J. DIGBY, J.
JAMESD. ELLIOTT, J.
T. J. GINNANE, J.
MELANIESLOSS, J.
JOANNECAMERON, J.
MICHAEL McDONALD, J.
RITA ZAMMIT, J.
P. J. RIORDAN, J.
JANEA. DIXON, J.
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1
Endnotes
Supreme Court (Chapter II Legal Profession Amendments) Rules 2015
S.R. No. 142/2015
Endnotes
1
[1] Rule 4: S.R. No. 94/2008. Reprint No. 2 as at 26 March 2015. Reprintedto S.R. No. 209/2014.