Part 3The practice of the law

Part 3—The practice of the law Division 1—Admission and enrolment of legal practitioners 15—Entitlement to admission (1) A person who satisfies the Supreme Court— (a) that he or she is a fit and proper person to practise the profession of the law; and (c) that— (i) he or she has complied with— (A) the rules of the Supreme Court relating to the admission of barristers and solicitors of the Supreme Court; and (B) the rules made by LPEAC under this Act prescribing the qualifications for admission as a barrister and solicitor of the Supreme Court; or (ii) insofar as there has been non-compliance with those rules, he or she should be exempted from such compliance, is entitled to be admitted and enrolled as a barrister and solicitor of the Supreme Court. (1a) The Supreme Court must refer each application for admission and enrolment by a person whose name has been removed from the roll of legal practitioners maintained under this Act to the Attorney‑General, the Commissioner and the Society, each of whom is entitled to be heard by the Court on the application in accordance with the rules of the Court. (2) The Supreme Court must refer each application for admission and enrolment to the Board of Examiners for its report and recommendation on the application. (3) The Board of Examiners may refer any matter raised by an application to LPEAC for its advice or, if the rules so provide, its determination. (4) The Board of Examiners must, on or before the day on which its report and recommendation on an application is provided to the Supreme Court, provide the applicant with— (a) a copy of the report and recommendation; and (b) if the recommendation is that the application be rejected—a statement of the reasons for the recommendation. Board of Examiners means the Board of Examiners established under Division 2 of Part 2A. Division 2—Practising certificates 16—Issue of practising certificate (1) Where a legal practitioner who has been admitted and enrolled as a barrister and solicitor of the Supreme Court (not being a legal practitioner who has been suspended from practice) applies to the Supreme Court for a practising certificate, the Court will, subject to this Act, issue a practising certificate in the practitioner's name. (2) If LPEAC has made rules prescribing different categories of practising certificate and a legal practitioner has applied for a particular category of certificate under subsection (1), the practising certificate issued by the Supreme Court in the practitioner's name may be of that category. (5) An application for a practising certificate must be accompanied by the prescribed fee and levy. (6) If LPEAC has made rules prescribing different categories of practising certificate, the regulations may prescribe different fees and levies for different categories of certificate. 17—Restriction on issue of practising certificates in certain cases (1) If, for a period exceeding one month, a legal practitioner has not held a practising certificate, the Supreme Court may, on application for a practising certificate, require the practitioner to furnish evidence satisfying it that the practitioner— (a) has not practised the profession of the law without holding a practising certificate; or (b) has not committed any other act that might constitute a proper ground for disciplinary action. (2) Where an applicant for a practising certificate has, without lawful excuse, practised the profession of the law while not holding a practising certificate, the Supreme Court may require the applicant to pay a prescribed fine before it issues a practising certificate to the applicant. (3) The Supreme Court may, in any case that it considers appropriate, issue a practising certificate that has effect from a date prior to the date of issue of the certificate. 17A—Conditions as to training etc (1) A practising certificate will, if the rules made by LPEAC under this Act so require, be issued or renewed subject to conditions determined by LPEAC— (a) requiring the holder of the certificate to undertake or obtain further education, training and experience required or determined under the rules; and (b) limiting the rights of practice of the holder of the certificate until that further education, training and experience is completed or obtained. (2) LPEAC may, on such terms as it thinks fit, determine that such conditions will not apply, either wholly or in part, in relation to any practitioner or practitioners of a particular class. (3) If the holder of a practising certificate issued or renewed subject to conditions under subsection (1) fails to satisfy LPEAC, in accordance with the rules, of compliance with the conditions, LPEAC may determine— (a) that further conditions (determined by LPEAC) are to be imposed; or (b) that the practising certificate is to be cancelled, or is not to be renewed, and no new practising certificate is to be issued to the person until stipulated conditions have been complied with, (and a determination under this subsection takes effect on a date fixed by LPEAC). (4) LPEAC may delegate any of its functions or powers under this section to the Board of Examiners. (5) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent LPEAC from acting in any matter. (6) A decision of LPEAC or the Board of Examiners under this section may be appealed against to the Supreme Court by the person in relation to whom the decision was made or the Attorney-General or the Society. (7) On such an appeal, the Supreme Court— (a) may confirm, vary or reverse the decision of LPEAC or the Board of Examiners; and (b) may make any consequential or ancillary order. (8) For the purposes of this section insofar as it relates to a legal practitioner who is admitted and enrolled as a notary public under the Notaries Public Act 2016, a reference to rules made by LPEAC includes rules made by LPEAC under that Act. 18—Term and renewal of practising certificates (1) Subject to this Act, the Supreme Court may issue a practising certificate for such period (not exceeding 12 months) as the Court thinks fit. (2) Subject to this Act, the Supreme Court will, on receipt of due application for the renewal of a practising certificate made before the date of expiration of the practising certificate, renew the practising certificate and the practising certificate then, subject to this Act, remains in force for the period stated in the practising certificate as renewed (which must not exceed 12 months). (2a) If the Supreme Court is satisfied that any particulars appearing on a practising certificate are incorrect, the Court may cancel the practising certificate and issue a replacement practising certificate. (3) Where a practising certificate that has been suspended under this Act for a period or until the happening of some event expires before the end of that period or before the happening of that event, the practising certificate may not be renewed until the expiration of that period or the happening of that event (as the case may be). 19—Insurance requirements (1) Where a scheme under section 52 is in force requiring legal practitioners to be insured against liabilities that may arise in the course of, or in relation to, legal practice— (a) the Supreme Court cannot issue or renew a practising certificate unless the applicant produces evidence to the satisfaction of the Court that the applicant has obtained the insurance against such liabilities required by the scheme for the term for which the certificate is to be issued or renewed; and (b) if, at any time during the term of a practising certificate so issued or renewed, the holder of the certificate ceases to be insured against such liabilities as required by the scheme, the practising certificate will be taken to be suspended until the holder of the certificate obtains such insurance. (2) This section does not apply in relation to a legal practitioner of a class excluded by regulation from the provisions of this section. 20—Register of practising certificates (1) The Supreme Court must cause a register of practising certificates to be kept. (2) A member of the public may inspect the register of practising certificates kept under this section. 20AA—Endorsement of conditions on practising certificates (1) If, in accordance with this Act, a regulatory authority of this or any participating State makes a determination or order— (a) imposing conditions on, or requiring the endorsement of conditions on, a legal practitioner's practising certificate; or (b) varying or revoking conditions on, or requiring the variation or revocation of conditions on, a legal practitioner's practising certificate, the Supreme Court may record or give effect to the determination or order by revoking the practising certificate currently held by the legal practitioner and issuing the legal practitioner with a new practising certificate in the appropriate form. (2) A regulatory authority must notify the Supreme Court of the making of a determination or order referred to in subsection (1). (3) If a determination or order is made imposing, varying or revoking conditions on a practising certificate, the determination or order will be taken to have effect from the date it is made, or from a subsequent date specified in the determination or order, and not from the date of issue of a new practising certificate under this section.