32 Special prejudice
(1) If a person considers that the person has suffered special prejudice
as a result of the commencement of the amending Rules, the
person may apply to the Court for relief and the Court may make
the orders it considers appropriate in the circumstances.
(2) In this rule:
amending Rules means the Legal Profession Admission
Amendment Rules 2015.
Schedule 1
Legal Profession Admission Rules 2007 17
Schedule 1
rule 7(1)
OATH
I, [full name], [promise/swear etc. as required by Oaths, Affidavits and Declarations
Act 2010] that I will well and honestly conduct myself in the practice of my
profession as a lawyer of the Supreme Court of the Northern Territory
according to the best of my knowledge and ability.
[So help me God! or as appropriate]
Schedule 2
Legal Profession Admission Rules 2007 18
Schedule 2
rule 7(4) and (5)
ROLL OF LAWYERS OF THE SUPREME COURT OF THE NORTHERN
TERRITORY
I, [full name], sign the Roll of Lawyers of the Supreme Court of the Northern
Territory.
Dated
SIGNATURE DO NOT DETACH LABEL
[Adhesive Label]
This signature is of no effect until the order of the Board has been made and
the signature inserted in the Roll by the Registrar.
Oath administered and signing of the Roll witnessed
Dated
Signed: Principal Registrar/Registrar/Designated Officer
[Stamp]
Schedule 3
Legal Profession Admission Rules 2007 19
Schedule 3
rule 4(1)(b)
ACADEMIC REQUIREMENT – AREAS OF KNOWLEDGE
Although topics are grouped for convenience under the headings of particular
areas of knowledge, there is no implication that a topic needs to be taught in a
subject covering the area of knowledge in the heading rather than in another
suitable subject.
CRIMINAL LAW AND PROCEDURE
- Definition of crime.
- Elements of crime.
- Aims of the criminal law.
- Homicide and defences.
- Non-fatal offences against the person and defences.
- Offences against property.
- General doctrines.
- Selected topics chosen from:
attempts
participation in crime
drunkenness
mistake
strict responsibility.
- Elements of criminal procedure. Selected topics chosen from:
classification of offences
process to compel appearance
bail
preliminary examination
trial of indictable offences.
OR
Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should provide knowledge of the general doctrines of the criminal
law and in particular examination of offences against both the person and
property. Selective treatment should also be given to various defences and to
elements of criminal procedure.
Schedule 3
Legal Profession Admission Rules 2007 20
TORTS
- Negligence, including defences.
- A representative range of torts (other than negligence) and their
defences.
- Damages.
- Concurrent liability.
- Compensation schemes.
OR
Topics of sufficient breadth and depth to satisfy the following guidelines.
The potential compass of this area is so large that considerable variation
might be anticipated. At the very least, there should be a study of negligence
and of a representative range of torts, with some consideration of defences
and damages and of alternative methods of providing compensation for
accidental injury. Examples of these topics are: concurrent liability;
defamation; economic torts; nuisance; breach of statutory duty; compensation
schemes.
CONTRACTS
- Formation, including capacity, formalities, privity and consideration.
- Content and construction of contract.
- Vitiating factors.
- Discharge.
- Remedies.
- Assignment.
OR
Topics of sufficient breadth and depth to satisfy the following guidelines.
Some variation may be expected in the breadth and detail of the topics. In
general, however, knowledge of the formal requirements, including contracts,
capacity, the content and interpretation of contracts, their performance and
discharge, available remedies, together with an understanding of the broad
theoretical basis of contract, would be expected.
Schedule 3
Legal Profession Admission Rules 2007 21
PROPERTY
- Meaning and purposes of the concept of property.
- Possession, seisin and title.
- Nature and type (i.e. fragmentation) of proprietary interests.
- Creation and enforceability of proprietary interests.
- Legal and equitable remedies.
- Statutory schemes of registration.
- Acquisition and disposal of proprietary interests.
- Concurrent ownership.
- Proprietary interests in land owned by another.
- Mortgages.
OR
Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should provide knowledge of the nature and type of various
proprietary interests in chattels and land, and their creation and relative
enforceability at law and in equity. Statutory schemes of registration for both
general law land and Torrens land should be included. A variety of other
topics might be included, e.g. fixtures; concurrent interests; more detailed
treatment of such matters as sale of land, leases, mortgages, easements and
restrictive covenants.
EQUITY
- Nature of equity.
- Equitable rights, titles and interests.
- Equitable assignments.
- Estoppel in equity.
- Fiduciary obligations.
- Unconscionable transactions.
- Equitable remedies.
- Trusts, with particular reference to the various types of trusts and the
manner and form of their creation and variation. The duties, rights and
powers of trustees should be included, as should the consequences of
breach of trust and the remedies available to, and respective rights of,
beneficiaries. (It is expected that about half the course will be devoted
to trusts.)
OR
Schedule 3
Legal Profession Admission Rules 2007 22
Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should cover the elements of trust law, equitable doctrines apart
from those relating to trusts, and equitable remedies. The following aspects of
trusts law should be dealt with: various kinds of trusts; the rights, duties and
powers of trustees; the consequences of breach of trust. Apart from trusts,
the following equitable doctrines might be covered: fiduciary obligations;
equitable assignments; unconscionability; confidential information. The
remedies of specific performance, injunction, declaration and damages in
equity should be included. (It is expected that about half the course will be
devoted to trusts.)
COMPANY LAW
- Corporate personality.
- Incorporation process.
- Corporate constitution.
- Company contracts.
- Administration of companies and management of the business of
companies.
- Duties and liabilities of directors and officers.
- Share capital and membership.
- Members' remedies.
- Company credit and security arrangements.
- Winding up of companies.
OR
Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should include the following: an analysis of incorporation and its
effects; management and control of a company; the various methods of
financing – by the issue of shares and debt; the processes of winding up a
company.
ADMINISTRATIVE LAW
- Organisation and structure of the administration.
- Administrative law theory.
- Common law and statutory avenues of judicial review at
Commonwealth and State or Territory level.
- Grounds of judicial review.
- Remedies.
- Crown immunity.
- Administrative Appeals Tribunal.
- Statutory review.
- Freedom of information.
OR
Schedule 3
Legal Profession Admission Rules 2007 23
Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should not only embrace traditional common law remedies
concerning judicial review of administrative action, but should also cover the
range of Commonwealth and State or Territory statutory regimes.
COMMONWEALTH, STATE AND TERRITORY CONSTITUTIONAL LAW
- State and Territory constitutions and constitutional systems.
- The Commonwealth Constitution and constitutional system.
- The constitution and operation of the legislature, executive and
judiciary.
- The relationship between the different institutions of government and
the separation of powers.
- The relationship between the different levels of government.
OR
Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should include knowledge of the major principles of both the
relevant State or Territory Constitution and the Commonwealth Constitution,
including the relationship between the different Commonwealth and State or
Territory laws. A general knowledge of the scope of both State or Territory
and Commonwealth Constitutions is required, although the topics will differ in
the depth of treatment of specific heads of power, particularly in the
Commonwealth sphere.
CIVIL PROCEDURE
- Court adjudication under an adversary system.
- The cost of litigation and the use of costs to control litigation.
- Service of originating process, as foundation of jurisdiction, including
service out of the relevant State or Territory and choice of forum.
- Joinder of claims and parties, including group proceedings and the
defence of prior adjudication as instances of the public interest in
avoiding a multiplicity of proceedings and inconsistent verdicts.
- Defining the questions for trial – pleadings, notices to admit and other
devices.
- Obtaining evidence – discovery of documents, interrogatories,
subpoena and other devices.
- Disposition without trial, including the compromise of litigation.
- Extra judicial determination of issues arising in the course of litigation.
- Judgment.
- Appeal.
- Enforcement.
OR
Schedule 3
Legal Profession Admission Rules 2007 24
Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should embrace the general study of rules of civil procedure
relevant in the State or Territory. Rules concerning the following should all be
included: jurisdiction; the initiation and service of process; the definition of
issues through pleadings; judgment; enforcement.
EVIDENCE
- Introduction.
- Competence and compellability.
- Privilege.
- The examination of witnesses.
- Disposition and character.
- Similar fact evidence.
- The accused as a witness.
- Burden and standard of proof.
- Documentary evidence.
- Hearsay:
the exclusionary rule
the common law and statutory exceptions.
- Admissions and confessions in criminal cases.
- Illegally obtained evidence and confirmation by subsequent fact.
- Res gestae.
- Corroboration.
OR
Topics of sufficient breadth and depth to satisfy the following guidelines.
The topics should include examination of both the sources and acceptability of
evidence, including rules concerning the burden and standard of proof and
technical rules concerning such matters as hearsay, admissions and
confessions, illegally obtained evidence and res gestae.
ETHICS AND PROFESSIONAL RESPONSIBILITY
Professional and personal conduct in respect of a legal practitioner's duty to:
(a) the law; and
(b) the Courts; and
(c) clients, including a basic knowledge of the principles relating to the
holding of money on trust; and
(d) fellow legal practitioners.
OR
Schedule 3
Legal Profession Admission Rules 2007 25
Topics of such breadth and depth as to satisfy the following guidelines.
The topics should include knowledge of the various pertinent rules concerning
a legal practitioner's duty to the law, the Courts, clients and fellow legal
practitioners and a basic knowledge of the principles relating to the holding of
money on trust.
Schedule 4
Legal Profession Admission Rules 2007 26
Schedule 4
rule 5
PRACTICAL LEGAL TRAINING COMPETENCY STANDARDS
FOR ENTRY LEVEL LAWYERS
1 BACKGROUND
In 2002, Admitting Authorities finally endorsed proposed national
Practical Legal Training Competency Standards for Entry-level
Lawyers, which were recommended to them by the Law Admissions
Consultative Committee (LACC).
The Standards had been jointly developed by the Australasian Practical
Legal Education Council (APLEC) and LACC and sought to describe
the observable performance in several key areas relating to legal
practice, required of entry level lawyers at the point of admission to the
legal profession.
Subsequent changes in both the training of lawyers and legal practice
led LACC in 2010 to seek the assistance of APLEC and other
stakeholders to undertake a review of the Standards. APLEC
undertook a review, which was completed in 2013 following extensive
consultation. This Schedule is based on suggestions made by APLEC,
as a result of that review.
One of the most significant changes in the intervening years is that, in
several jurisdictions, many intending lawyers now obtain their PLT
qualifications through PLT courses, conducted by PLT providers, rather
than through serving a period as an articled clerk, to which service the
Standards did not apply. In other jurisdictions, instead of articles,
intending legal practitioners can choose either to undertake a PLT
course or to engage in SWT in a legal office. In one jurisdiction,
intending lawyers still undertake articles but also are required to
undertake a program of assessment conducted by a PLT provider, to
assess whether they have attained each of the prescribed
competencies. Whichever form of PLT is now followed, all applicants
are required to demonstrate that they have attained prescribed
competence in the Skills, Practice Areas and Values summarised in
item 3 and set out in detail in item 5 below.
Another significant change is that, since 2000, all jurisdictions other
than the Australian Capital Territory have developed means of
accrediting and monitoring PLT courses and the performance of PLT
providers. In those jurisdictions which allow SWT, means of approving
and monitoring performance of SWT providers are also being
developed.
Schedule 4
Legal Profession Admission Rules 2007 27
Such procedures enhance the possibility that entry level lawyers will all
have attained the various competencies prescribed by, or under, this
Schedule.
2 INTERPRETATION
2.1 Definitions
In this Schedule:
Admitting Authority means the body responsible in a jurisdiction for
approving the content of either or both of PLT courses and SWT.
applicant means an applicant for admission to the legal profession.
PLT means Practical Legal Training.
PLT course means a PLT course approved by an Admitting Authority,
conducted by a PLT provider.
PLT provider means a body authorised by an Admitting Authority of a
jurisdiction to provide a PLT course in that jurisdiction.
programmed training means structured and supervised training
activities, research and tasks, each with comprehensive assessment.
State includes a Territory.
SWT means supervised workplace training and includes articles of
clerkship.
SWT provider means a body providing SWT in a jurisdiction.
workplace experience means supervised employment in a legal
office, or supervised paid or unpaid placement in a law or law-related
environment.
2.2 Interpretation of item 5
The following principles apply when interpreting item 5:
(a) An Element describes a relevant competence that an applicant
is required to demonstrate in relation to the relevant prescribed
Skill, Practice Area or Value.
(b) A Performance criterion sets out an activity by reference to
which an applicant's achievement of an appropriate level of
competence in the corresponding Element may be
demonstrated. An applicant may, however, demonstrate the
requisite achievement in relation to an Element:
Schedule 4
Legal Profession Admission Rules 2007 28
(i) by attaining some, but not all, of the relevant Performance
criteria nominated in item 5 for that Element; and
(ii) by attaining equivalent Performance criteria in the course of
undertaking another Practice Area set out in item 5.
(c) Where a Performance criterion refers to an action which can
only be performed by a person who has both been admitted to
the legal profession and holds a practising certificate, the
requisite competency may be demonstrated by satisfactorily
completing a simulated exercise offered, and assessed in
accordance with item 4.5(a), by a PLT provider or SWT provider.
(d) Where a Performance criterion provides for a competency to be
demonstrated by observing something:
(i) the entry level lawyer must document in writing and
critically evaluate what has been observed; and
(ii) the resulting record must be assessed by the relevant PLT
provider or SWT provider in accordance with item 4.5(a),
before the relevant Performance criterion can be satisfied.
(e) The expression of particular Elements, Performance criteria or
Explanatory Notes in relation to a Skill, Practice Area or Value is
not intended either:
(i) to limit the way in which that Skill, Practice Area or Value is
taught; or
(ii) to prevent either wider or more detailed training in that Skill,
Practice Area or Value.
3 REQUIREMENTS FOR APPLICANTS FOR ADMISSION
3.1 Required competencies
(a) Every applicant is required to satisfy the Admitting Authority that
the applicant has achieved the prescribed competence in the
Skills, Compulsory and Optional Practice Areas and Values set
out in item 5 and summarised as follows:
Skills
Lawyer's Skills
Problem Solving
Trust and Office Accounting
Work Management and Business Skills
Schedule 4
Legal Profession Admission Rules 2007 29
Compulsory Practice Areas
Civil Litigation Practice
Commercial and Corporate Practice
Property Law Practice
Optional Practice Areas
Subject to paragraph (b), any 2 of:
Administrative Law Practice
Banking and Finance
Consumer Law Practice
Criminal Law Practice
Employment and Industrial Relations Practice
Family Law Practice
Planning and Environmental Law Practice
Wills and Estates Practice
Values
Ethics and Professional Responsibility
(b) Paragraph (a) applies to every applicant who has undertaken
PLT in Australia, whether by completing a PLT course,
undertaking SWT, or any combination of the 2 approved by the
relevant Admitting Authority.
3.2 When PLT may be commenced
(a) An applicant may commence PLT:
(i) if SWT – only after the applicant has completed an
academic qualification in law leading to admission to the
legal profession; or
(ii) if a PLT course that is not integrated with the applicant's
academic qualification in law – only after the applicant has
completed an academic qualification in law leading to
admission to the legal profession, unless the applicant has
no more than 2 academic subjects to complete:
(A) neither of which is one of the academic requirements
for admission; and
(B) for which the applicant must be enrolled while
undertaking the PLT course;
and the applicant has received the prior permission of the
Admitting Authority to commence the PLT course.
Schedule 4
Legal Profession Admission Rules 2007 30
(b) Despite paragraph (a), an applicant may undertake an
integrated program of academic study and PLT that:
(i) requires the equivalent of three years' full-time academic
study of law, apart from the time required to undertake the
PLT components of the program; and
(ii) has been recognised by the relevant Admitting Authority for
the purposes of preparing students for admission to the
legal profession.
4 REQUIREMENTS FOR EACH FORM OF PLT
4.1 Programmed training and workplace experience
PLT must comprise both programmed training and workplace
experience as follows:
(a) for a graduate diploma:
(i) programmed training appropriate to the diploma; and
(ii) the equivalent of at least 15 days' workplace experience;
(b) for a training course other than a graduate diploma – the
equivalent of at least 900 hours' duration, comprising:
(i) at least 450 hours' of programmed training; and
(ii) at least 15 days' workplace experience;
(c) for SWT – the equivalent of at least 12 months' full-time work
which includes a minimum of at least 90 hours' of programmed
training.
For the purposes of paragraphs (a) and (b), one day comprises
7 working hours.
4.2 Common requirements
The requirements in items 4.3 to 4.6 apply to both PLT courses and
SWT.
4.3 Level of training
PLT must be provided at a level equivalent to post-graduate training
and build on the academic knowledge, skills and values about the law,
the legal system and legal practice which a graduate of a first tertiary
qualification in law should have acquired in the course of that
qualification.
Schedule 4
Legal Profession Admission Rules 2007 31
4.4 Qualification of instructors and supervisors
A person instructing or supervising an applicant while acquiring
competence in any Skill, Practice Area or Value must:
(a) either have substantial current or recent experience in practising
law or have comparable relevant qualifications or experience;
and
(b) comply with any other relevant legislative or regulatory
requirements in the relevant jurisdiction.
4.5 Assessment of applicants
(a) Each form of PLT must employ comprehensive methods,
appropriate to post-graduate training, of:
(i) assessing an applicant's competence; and
(ii) certifying whether or not an applicant has demonstrated the
requisite level of competence;
in each relevant Skill, Practice Area and Value.
(b) Wherever practicable, an applicant's competence in any
Practice Area should be assessed in a way that allows the
applicant, at the same time, to further develop and to
demonstrate competence in, relevant Skills and Values.
4.6 Resilience and wellbeing
All PLT providers and SWT providers should:
(a) make applicants aware of the importance of personal resilience
in dealing with the demands of legal practice; and
(b) provide applicants with appropriate access to resources that will
help them develop such resilience; and
(c) provide applicants with information about how and where to
seek help in identifying mental health difficulties and in dealing
with their effects; and
(d) make applicants aware of the benefits of developing and
maintaining personal well-being in their professional and
personal lives; and
(e) provide applicants with information about how and where to find
resources to help them develop and maintain such well-being.
Schedule 4
Legal Profession Admission Rules 2007 32
5 COMPETENCY STANDARDS
Item 2.2 sets out particular principles in interpretation that apply to
items 5.1 to 5.16.
5.1 Administrative Law Practice
Descriptor: An entry level lawyer who practises in administrative
law should be able to:
(a) obtain information for clients under freedom of
information legislation and otherwise; and
(b) seek review of administrative decisions; and
(c) represent parties before courts and administrative
tribunals.
Element Performance criteria
The applicant has competently:
1 Obtaining
information
• identified whether "freedom of information" or
"right to information" legislation applies to the
situation
• identified the specific legislation under which
the information may be obtained
• taken the steps required under that legislation
• identified and taken any other practical steps
required to obtain the information
2 Obtaining review
of administrative
decisions
• concluded correctly that the decision may be
reviewed
• identified and advised the client, or
participated in or observed discussions with
the client about, alternative means of
obtaining a review
• completed all preparation required by law,
good practice and the circumstances of the
matter
• represented the client effectively at, or
participated in or observed, any mediation,
hearing or other review forum, where this is
appropriate and permitted
Schedule 4
Legal Profession Admission Rules 2007 33
• identified all alternative means of obtaining
redress and discussed them with the client
3 Representing a
client
• completed all preparation required by law,
good practice and the circumstances of the
matter
• represented the client effectively at, or
participated in or observed, any mediation,
hearing or other proceeding, where this is
appropriate or permitted
Explanatory notes
This competency standard applies to both State and Federal
administrative law and practice and to proceedings before both State
and Federal courts and tribunals.
In the Performance criteria for Elements 2 and 3, "preparation" includes
drafting written submissions.
5.2 Banking and Finance
Descriptor: An entry level lawyer who practises in Banking and
Finance should be able to demonstrate competence in
advising clients on some of the common ways to
finance commercial transactions and they should be
able to demonstrate competence in drafting simple
loan agreements and associated security documents,
and in taking the actions required to perfect those
securities.
Element Performance criteria
The applicant has competently:
1 Preliminary
investigations
• identified one or more ways of financing a
borrower's proposal and identified the
securities available to a financier in the
situation
• undertaken any necessary preliminary
searches and inquiries to investigate issues of
ownership, title and the capacity of any party
to enter into the proposed financial
arrangement
• identified any consents to, or notifications of,
the proposed financial arrangement required
by existing financial or contractual
arrangements
Schedule 4
Legal Profession Admission Rules 2007 34
• identified any requirements imposed on the
financier by law, in respect of the proposed
financial arrangement
2 Planning • planned the steps to be taken to effect the
proposed arrangement including identifying
and recording any critical dates, identifying
any necessary searches and inquiries and
identifying the required documentation
3 Documentation • drafted the relevant loan and security
documents
• informed the borrower of their obligations in
relation to the arrangement including any
personal obligations under any guarantees
• complied with any legislative requirements
relating to the proposed arrangement
4 Due Diligence • undertaken any further searches and inquiries
required and advised the client what experts
need to be engaged for due diligence
(accountants etc.)
5 Finalisation • had the transaction documentation executed,
and (if necessary) stamped and registered
according to law and good practice
Explanatory notes
An applicant may not demonstrate competence in this optional practice
area by submitting the same or similar work, to work that the applicant
submits to demonstrate competence in the Commercial and Corporate
Practice area.
5.3 Civil Litigation Practice
Descriptor: An entry level lawyer should be able to conduct civil
litigation in first instance matters in at least one State
court of general jurisdiction, in a timely and cost-
effective manner.
Element Performance criteria
The applicant has competently:
1 Assessing the
merits of a case
and identifying
dispute
resolution
• assessed the strengths and weaknesses of
both the claimant's and opponent's cases
• identified the facts and evidence required to
support the claimant's case
Schedule 4
Legal Profession Admission Rules 2007 35
alternatives • advised the client of relevant rights and
remedies in a way that a reasonable client
could understand
• identified means of resolving the case, having
regard to the client's circumstances
• where possible, confirmed in writing any
instructions given by the client in response to
initial advice
• identified and complied with the relevant
limitation period
2 Advising on
costs of litigation
• identified any litigation funding options and a
means of reducing or recovering costs
• identified alternative types of costs orders and
how they may be affected by formal and
informal offers of compromise and the manner
of conducting the litigation
• advised the client of relevant cost
considerations in a way that a reasonable
client could understand
3 Initiating and
responding to
claims
• identified an appropriate claim or defence
• identified a court of appropriate jurisdiction
• identified the elements of the claim or defence
according to law
• followed procedures for bringing the claim or
making the defence in accordance with the
court's rules and in a timely manner
• drafted all necessary documents in
accordance with those procedures
4 Taking and
responding to
interlocutory and
default
proceedings
• identified any need for interlocutory steps
according to the court's rules
• followed procedures for taking those steps in
accordance with the court's rules in a timely
manner
• drafted all necessary documents in
accordance with those procedures and rules
5 Gathering and
presenting
evidence
• identified issues likely to arise at the hearing
• identified evidence needed to prove the
client's case or disprove the opponent's case,
according to the rules of evidence
Schedule 4
Legal Profession Admission Rules 2007 36
• identified various means of gathering evidence
and used at least one of them to gather
evidence
• presented, or observed the presentation of,
that evidence according to law and the court's
rules
6 Negotiating
settlements
• conducted, participated in or observed,
settlement negotiations
• identified any revenue and statutory refund
implications
• properly documented any settlement reached
7 Taking action to
enforce orders
and settlement
agreements
• identified available means of enforcing the
order or settlement according to law and the
court's rules
• followed procedures relevant to the chosen
means of enforcement in a timely manner
Explanatory notes
This competency standard applies to first instance civil litigation in local
lower and higher courts of a State, having general jurisdiction, and in
the Federal Court.
In the Performance criteria for Element 1, "means of resolving the
case" includes the following:
• negotiation;
• mediation;
• arbitration;
• litigation;
• expert appraisal.
In the Performance criteria for Element 5, "means of gathering
evidence" includes the following:
• statements from witness;
• notices to admit;
• discovery;
• subpoena;
• expert reports;
• certified official records, banker's books and similar documents.
In the Performance criteria for Element 5, reference to presenting
evidence includes presenting evidence as follows:
• orally on oath;
• by affidavit;
Schedule 4
Legal Profession Admission Rules 2007 37
• by video or telephone link.
In the Performance criteria for Element 7, "means of enforcement"
includes the following:
• execution process including attachment of debts;
• taxation or assessment of costs;
• oral examination.
5.4 Commercial and Corporate Practice
Descriptor: An entry level lawyer should be able to:
(a) conduct standard commercial transactions such
as the sale and purchase of a small business; and
(b) understand the relevant risks associated with such
a transaction for both parties; and
(c) set up simple business structures using entities
such as companies, trusts and partnerships; and
(d) provide basic advice on finance and securities and
on the obligations of companies and their officers;
and
(e) appreciate the type of advice needed to assess
the revenue implications of standard commercial
transactions.
Element Performance criteria
The applicant has competently:
1 Conducting
commercial
transactions
• identified the nature of the transaction
• undertaken sufficient searches and inquiries to
investigate any relevant issues of title to real
or personal property
• drafted documents, had them executed, and
(if necessary) certified, stamped and
registered, according to law and good practice
• obtained or given any necessary consents to,
or notifications of, the transaction required by
law
Schedule 4
Legal Profession Admission Rules 2007 38
2 Setting up
commercial
structures
• selected a structure that will achieve the
client's objectives
• drafted all documents required to set up the
structure (including establishing any discrete
entities that will form part of the structure)
• had the documents executed and (if
necessary) certified, stamped and registered,
according to law and good practice
• informed the client of any continuing
obligations in relation to the structure, and,
where the structure involves a corporation, of
the continuing obligations of the company and
its officers
3 Dealing with
loans and
securities
• identified one or more types of financial
arrangements and securities available to the
borrower and lender
• informed the borrower and lender of their
immediate, continuing, and potential liabilities
under any proposed financing and security
arrangements
• drafted loan or security documents which
reflect the agreement between lender and
borrower
• had the loan or security documents executed
and (if necessary) stamped and registered,
according to law and good practice
4 Advising on
revenue law and
practice
• identified in a general way the possible
revenue implications of the client's proposed
venture or arrangement
• referred the client to experts for more
comprehensive or detailed advice, where
appropriate
Explanatory notes
In Element 2 and the Performance criteria for Element 2 "structure"
includes the following:
• basic trusts;
• private companies;
• partnerships;
• joint ventures;
• franchise arrangements.
Schedule 4
Legal Profession Admission Rules 2007 39
In Element 3 and the Performance criteria for Element 3 "securities"
includes the following:
• personal property security agreements;
• chattel leases;
• loans agreements;
• guarantees, including guarantees from spouses.
In the Performance criteria for Element 4, "revenue implications"
includes the following:
• stamp duties;
• income tax;
• capital gains tax;
• GST;
• fringe benefits tax;
• land and property taxes.
5.5 Consumer Law Practice
Descriptor: An entry level lawyer who practises in consumer law
should be able to:
(a) advise clients on the procedures and remedies
available in relation to consumer protection
complaints and disputes; and
(b) represent the client in any related negotiations or
proceedings.
Element Performance criteria
The applicant has competently:
1 Obtaining
information
• identified consumer protection complaint or
dispute as one to which consumer protection
legislation applies
• identified the relevant legislation and any
applicable case law
• identified any possible common law remedies
2 Drafting
documents
• drafted any documents required, in
accordance with the client's instructions and
the relevant legislation
3 Initiating and
responding to
claims
• identified the appropriate forum for initiating or
responding to a claim
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• initiated a claim or taken action to oppose a
claim in accordance with the rules and
procedures of the relevant court or tribunal, in
a timely manner
• obtained all necessary evidence and drafted
all necessary documents in accordance with
those rules
4 Representing the
client
• identified all possible means of resolving the
consumer protection complaint or dispute to
the satisfaction of the client and discussed
them with the client, or participated in or
observed, such discussions
• completed all necessary preparation in
accordance with the law, good practice and
the circumstances of the matter
• represented the client effectively at, or
participated in or observed, any negotiation,
mediation, hearing or other proceedings
5 Taking action to
implement
outcomes
• documented any order or settlement properly
and explained it to the client in a way which a
reasonable client could understand
• identified any procedures necessary to
enforce the order or settlement and
implemented them in a timely manner
Explanatory notes
This competency standard applies to the practice of consumer law
under both State and Federal consumer protection legislation and
codes.
In the Performance criteria for Element 1, "consumer protection
dispute" includes a dispute relating to the following:
• competition and consumer legislation;
• misleading and deceptive conduct;
• motor car traders;
• domestic building contracts;
• consumer credit;
• guarantees;
• residential tenancies.
In the Performance criteria for Element 1, "consumer protection
legislation" includes State and Federal consumer legislation and codes
concerning the following:
• competition and consumer law;
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• misleading and deceptive conduct;
• motor car traders;
• domestic building contracts;
• consumer credit;
• residential tenancies.
In the Performance criteria for Element 3, "court or tribunal" includes
the following:
• Federal courts;
• State courts;
• statutory tribunals;
• industry complaint panels;
• industry ombudsman.
5.6 Criminal Law Practice
Descriptor: An entry level lawyer who practises in criminal law
should be able to advise clients before arrest, seek
bail, make pleas, participate in minor contested
hearings and assist in preparing cases for trial.
Element Performance criteria
The applicant has competently:
1 Providing advice • identified the client's legal rights and legal
powers of the police or other prosecutors or
investigators in relation to a criminal matter
• informed the client of those rights and powers
in a way that a reasonable client could
understand
• identified the legal elements of any offence
with which the client is charged
• where possible, confirmed in writing any
instructions given by the client in response to
initial advice
• implemented the client's instructions, when it
is appropriate in the circumstances to do so
2 Applying for bail • identified the client's options and
communicated them to the client in a way a
reasonable client could understand
• helped the client to make an informed decision
about which option to select
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• made, or been involved in the process of
making, or observed, an application for bail or
taken other action effectively in the
circumstances
• fully advised the client of any bail conditions
3 Making pleas • identified the client's options and
communicated them to the client in a way a
reasonable client would understand
• identified and gathered all material useful to
the plea, according to law and good practice
• presented, or been involved in the process of
presenting, or observed the presentation of,
the plea in an effective and persuasive
manner, having regard to the circumstances of
the case
• advised the client fully of the outcome in a way
a reasonable client could understand
4 Representing a
client in minor
matters
• completed all preparation required by law,
good practice and the circumstances of the
case
• represented, or been involved in representing
the client, or observed the client being
represented, effectively at a contested hearing
5 Assisting to
prepare cases
for trial
• identified and gathered the evidence needed
to support the client's case
• identified and briefed, or been involved in
briefing, appropriate experts (including
counsel) having regard to good practice and
the requirements of the case
Explanatory notes
In the Performance criteria for Element 1, "criminal matter" includes the
following:
• traffic offences;
• domestic violence and apprehended violence orders;
• drink driving;
• drug offences.
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5.7 Employment and Industrial Relations Practice
Descriptor: An entry level lawyer who practises in the area of
employment and industrial relations should be able to:
(a) advise clients on the relevant law and procedures;
and
(b) represent clients in negotiations; and
(c) initiate and respond to applications in relevant
State and Federal courts and tribunals.
Element Performance criteria
The applicant has competently:
1 Assessing the
merits of the
dispute and
identify the
dispute
resolution
alternatives
• identified the relevant facts
• assessed the strengths and weaknesses of
the dispute according to the relevant law
• identified all means of resolving the dispute,
having regard to the client's circumstances
2 Advising client
on procedures
• advised the client of means of avoiding a
dispute, where appropriate
• advised the client of available steps to
strengthen the client's position
3 Commencing
negotiations
• explored opportunities for a negotiated
settlement, subject to the client's instructions
• represented, or been involved in representing,
the client, or observed the client being
represented, effectively at any negotiations
4 Initiating and
responding to
proceedings
• identified the appropriate jurisdiction
• initiated or opposed, or been involved in
initiating or opposing, a claim or observed the
initiation or opposition of a claim, in
accordance with the rules of the relevant court
or tribunal, in a timely manner
• obtained all necessary evidence and drafted
all necessary documents in accordance with
those rules
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5 Representing the
client
• completed all preparation required by law,
good practice, and the circumstances
• represented, or been involved in representing
the client, or observed the client being
represented, effectively at any mediation,
hearing or other forum
6 Taking action to
implement
outcomes
• properly documented any order or settlement
and explained it to the client in a way which
the client can understand
• identified and implemented, or been involved
in identifying and implementing, any
procedures required to enforce the order or
settlement
Explanatory notes
This competency standard applies to the practice of employment and
industrial relations law at both State and Federal levels.
In the Performance criteria for Elements 1 and 2, "dispute" includes the
following:
• award negotiations;
• an industrial dispute relating to an individual employee or to a
workplace or industry;
• an equal employment opportunity or anti-discrimination claim;
• a claim for unfair dismissal.
In the Performance criteria for Element 1, "means of resolving the
dispute" includes the following:
• negotiation;
• mediation;
• conciliation;
• arbitration;
• litigation.
In the Performance criteria for Element 2, "means of avoiding a
dispute" and "steps to strengthen the client's position" include the
following:
• altering internal employment practices and procedures;
• revising employment contracts;
• entering or revising enterprise bargaining agreements;
• altering individual employment contracts;
• taking disciplinary proceedings;
• allowing industrial representation.
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5.8 Ethics and Professional Responsibility
Descriptor: An entry level lawyer should act ethically and
demonstrate professional responsibility and
professional courtesy in all dealings with clients, the
courts, the community and other lawyers.
Element Performance criteria
The applicant has competently:
1 Acting ethically • identified any relevant ethical dimension of a
particular situation
• taken action which complies with professional
ethical standards in that situation
2 Knowing when to
raise ethical
problems with
others
• identified circumstances in which matters
relating to the ethical conduct of legal practice
should be brought to the attention of others
• identified with whom different matters of this
type should be raised (for example,
employers, professional associations, legal
services boards, police)
• learned about relevant protocols, institutional
procedures and difficulties, associated with
raising such matters with others
3 Discharging the
legal duties and
obligations of
legal
practitioners
• identified any duty or obligation imposed on
the lawyer by law in a particular situation
• discharged that duty or obligation according to
law and good practice
4 Complying with
professional
conduct rules
• identified any applicable rules of professional
conduct
• taken action which complies with those rules
5 Complying with
fiduciary duties
• recognised and complied with any fiduciary
duty, according to law and good practice
6 Avoiding
conflicts of
interest
• identified any potential or actual conflict, as
soon as is reasonable in the circumstances
• taken effective action to avoid a potential
conflict or, where a conflict has already arisen,
dealt with it in accordance with law and good
practice, or been involved in the process of
doing one or more of those things
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• taken, or been involved in the process of
taking, appropriate action, where applicable,
to prevent such a conflict arising in the future
7 Acting
courteously
• demonstrated professional courtesy in all
dealings with others
8 Complying with
rules relating to
the charging of
fees
• identified any rules applying to charging
professional fees
• complied with those rules, where they are
relevant
• maintained file notes and records in
accordance with law and good practice