8 Representing a
client in a legal
forum
• observed the etiquette and procedures of the
forum
• organised and presented in an effective,
strategic way:
− factual material; and
− analysis of relevant legal issues; and
− relevant decided cases
• presented and tested evidence in accordance
with the law and good practice
• made submissions effectively and coherently
in accordance with law and good practice
Explanatory notes
Assessment of competence for this standard should require the entry
level lawyer to synthesise or combine the above skills and apply them
in one or more specific legal contexts.
In the Performance criteria for Element 2, "difficulties of communication
attributable to cultural differences" includes difficulties of
communication encountered by Indigenous people.
In the Performance criteria for Element 7, "dispute resolution options"
includes the following:
• negotiation;
• mediation;
• arbitration;
• litigation;
• expert appraisal.
In Element 8, "Representing" refers to appearing, being involved in
appearing, or observing another appearing, on behalf of a client in a
court, tribunal or other legal forum on a matter, including:
• an aspect of preliminary or pre-trial civil or criminal proceedings;
and
• an aspect of first instance trial advocacy in a simple matter; and
• leading evidence-in-chief, cross-examination and re-examination;
and
• making submissions.
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Legal Profession Admission Rules 2007 52
5.11 Planning and Environmental Law Practice
Descriptor: An entry level lawyer who practises in planning and
environmental law should be able to:
(a) advise, and generally assist, clients on the
relevant law and planning process; and
(b) apply for approvals and consents under relevant
planning legislation; and
(c) object to applications; and
(d) initiate or defend planning or environmental
actions.
Element Performance criteria
The applicant has competently:
1 Assessing the
merits of the
matter and
advising the
client
• obtained full instructions from the client
• analysed the facts in accordance with the
relevant law
• obtained and clarified any relevant technical
information
• advised, or been involved in advising, the
client of any rights and obligations of the client
and potential penalties if obligations are not
observed
• identified, or been involved in identifying, all
options and developed a plan of action in
accordance with the client's instructions
• alerted, or been involved in alerting, the client
to the need to identify the commercial, political
and public relations implications of any
proposed action
2 Preparing
planning
applications or
objections
• identified and analysed relevant provisions of
the appropriate planning scheme
• identified any appropriate grounds of objection
• prepared either an application for
development or other planning approval, or an
objection to such an application
• identified any need to obtain plans or other
information
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3 Initiating or
responding to
environmental
claims
• identified the appropriate forum for initiating or
responding to a claim
• initiated or opposed, or been involved in
initiating or opposing, 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
4 Representing the
client in resolving
a planning
matter or
environmental
claim
• identified appropriate means of resolving the
matter to the satisfaction of the client and
discussed them, or been involved in
discussing them, with the client
• completed all preparation required by law and
good practice
• represented, or been involved in representing,
or observed the representation of, the client
effectively in any negotiation, mediation,
hearing or other proceedings
5 Implementing
outcomes
• properly documented any order or settlement
and explained, or been involved in explaining
it to the client in a way which a reasonable
client could understand
• identified and carried out any procedures to
enforce the order or settlement in a timely
manner
Explanatory notes
This competency standard applies to the practice of planning and
environmental law under both common law and State and Federal
legislation.
In Element 4, "planning matter or environmental claim" includes the
following:
• an application for, or an application for exemption from the need for,
a permit, licence, approval or other authority;
• an objection, appeal or application for review of a decision, relating
to such an application;
• a prosecution for breach of relevant planning or environmental
legislation;
• a civil action relating to either or both a planning and environmental
matter.
Schedule 4
Legal Profession Admission Rules 2007 54
5.12 Problem Solving
Descriptor: An entry level lawyer should be able to:
(a) investigate and analyse facts and law; and
(b) provide legal advice; and
(c) solve legal problems.
Element Performance criteria
The applicant has competently:
1 Analysing facts
and identifying
issues
• identified and collected all relevant facts as far
as is practicable
• analysed the facts to identify any existing or
potential legal issues
• distinguished relevant facts from other facts, if
the matter so requires
2 Analysing law • identified any questions of law raised by the
matter
• researched those questions of law properly,
having regard to the circumstances
• identified and interpreted any relevant
statutory provisions and applied them
appropriately to the facts
3 Providing legal
advice
• applied the law to the facts of the matter in an
appropriate and defensible way
• given, or been involved in giving, the client
advice in a way which a reasonable client
could understand
• identified any developments that might affect
the accuracy of previous advice and told, or
been involved in telling, the client about the
effect of those developments
4 Generating
solutions and
strategies
• identified the problem and the client's goals as
fully as is practicable
• investigated the facts and legal issues as fully
as is practicable
• developed creative options and strategies to
meet the client's objectives
Schedule 4
Legal Profession Admission Rules 2007 55
• identified the advantages and disadvantages
of pursuing each option or strategy
• assisted, or been involved in assisting, the
client to choose between those options in a
way consistent with good practice
• developed a plan to implement the client's
preferred option
• acted, or been involved in acting, to resolve
the problem in accordance with the client's
instructions and the lawyer's plan of action
• remained open to new information and ideas
and updated advice to the client where
necessary
Explanatory notes
In Element 2, "Analysing law" includes:
(a) researching legal issues by using:
• law libraries;
• online searches;
• electronic databases;
• legal citators and digests; and
(b) applying principles of precedent and statutory interpretation.
5.13 Property Law Practice
Descriptor: An entry level lawyer should be able to:
(a) convey, lease and mortgage real property; and
(b) provide general advice on standard matters
arising under local government, planning,
environmental or other legislation relating to land
use in the relevant State.
Element Performance criteria
The applicant has competently:
1 Transferring title • identified the nature of the interest being dealt
with, pursuant to the pre-eminent title system
in the relevant jurisdiction
• prepared, commented on and advised, or
been involved in advising, on an appropriate
contract of sale or other type of agreement for
Schedule 4
Legal Profession Admission Rules 2007 56
transferring the relevant interest in land; and
had it executed according to law and good
practice
• undertaken sufficient searches and inquiries to
investigate title, any issues about land use
and responsibility for outgoings
• drafted an appropriate instrument of transfer
or conveyance and had it executed and (if
necessary) stamped and registered, according
to law
• obtained or given any consents to, or
notifications of, the transfer or conveyance,
according to law
• arranged for the instrument to be executed
and (if necessary) stamped and registered, as
required by law
2 Creating leases • made and obtained all searches and consents
required by law and good practice
• drafted, commented on and advised, or been
involved in advising, on a lease in a form
allowed by law, reflecting the agreement
between lessor and lessee and protecting
their respective interests
• arranged for the lease to be executed and (if
necessary) stamped and registered, according
to law
3 Creating and
releasing
mortgages
• made and obtained all searches and consents
required by law and good practice
• drafted, commented on and advised, or been
involved in advising, on an effective
instrument to create or release the security,
reflecting the agreement between the grantor
and grantee and protecting their respective
interests
4 Advising on land
use
• identified any planning scheme or other
statutory provisions regulating the relevant
use
• advised, or been involved in advising, the
client generally about processes to be
followed to obtain permission for, or to object
to, the use as the case requires
Schedule 4
Legal Profession Admission Rules 2007 57
5 Advising on
revenue
implications
• identified the revenue implications of any
transaction and advised, or been involved in
advising, the client accordingly
Explanatory notes
In Element 1, "Transferring title" refers to title pursuant to the pre-
eminent title system in the relevant jurisdiction.
In the Performance criteria for Element 1, "contract of sale" includes a
contract of sale subject to special conditions.
In Element 2, "Creating leases" refers to residential tenancies or leases
and standard commercial leases.
In Element 3, "mortgages" includes any other relevant security over
land.
In Element 4, "Advising on land use" includes advising on issues
relating to the following:
• town planning schemes;
• local government by-laws;
• environment and heritage legislation;
• revenue and tax legislation.
5.14 Trust and Office Accounting
Descriptor: An entry level lawyer should have sufficient knowledge,
skills and values to maintain trust and general account
records according to law and good practice, to the
extent usually permitted and expected of an employed
solicitor.
Element Performance criteria
The applicant has competently:
1 Understand
relevant fiduciary
and other duties
• identified and applied:
− general law fiduciary and other duties;
codified duties and duties to supervise and
report in relation to trust monies; and
− duties and obligations of maintaining a trust
account
Schedule 4
Legal Profession Admission Rules 2007 58
2 Receiving money • dealt with money received from or on behalf of
a client, as required by law and good practice
• where the law and good practice requires
money to be deposited in a trust account or
general account, recorded the deposit as
required by law and good practice
• issued any receipt required by law and good
practice
3 Making outlays • made any outlay from the correct account,
according to law and good practice
• recorded the outlay as required by law and
good practice
4 Rendering costs • demonstrated an ability to comply with
regulations relating to disclosure of costs and
a client's rights relating to costs
• calculated the costs in accordance with law,
good practice and any agreement between the
lawyer and client
• added to the bill all outlays made by the firm
for which the client is responsible
• accounted to the client for any money
received from the client on account of costs
and outlays, as required by law and good
practice
• drafted the bill and delivered it in accordance
with law and good practice
Explanatory notes
This competency standard applies to trust and general accounting and
to rendering bills of costs. It requires a general knowledge of solicitors'
trust account law and practice and costs regulation in the relevant
jurisdiction and an understanding of the general principles of
maintaining trust and office records.
5.15 Wills and Estates Practice
Descriptor: An entry level lawyer who practises in wills and estates
should be able to draft wills, administer deceased
estates and take action to solve problems about wills
and estates.
Schedule 4
Legal Profession Admission Rules 2007 59
Element Performance criteria
The applicant has competently:
1 Drafting wills • advised the client of issues, options, and
potential problems that might arise in respect
of the client's testamentary intentions
• obtained instructions reflecting the client's
informed and independent wishes, which can
be effectively implemented
• drafted a will reflecting the client's instructions
• identified any issues of testamentary capacity
and resolved them in accordance with law and
good practice
• ensured that the client executed the will in
accordance with law
• given any necessary follow up advice to the
client
2 Administering
deceased
estates
• obtained a grant of probate or letters of
administration where required
• identified the debts and assets of the estate
• gathered in the estate or transferred or
transmitted assets directly to beneficiaries, as
appropriate, having regard to the law, good
practice, and the circumstances
• discharged the estate's debts, distributed
specific gifts and the residue and ensured that
the executors have been released of their
obligations in a timely fashion
3 Taking action to
resolve wills and
estates problems
• identified the nature of the problem properly,
having regard to the law of the jurisdiction
• identified the client's options for dealing with
the problem, having regard to the law of the
particular jurisdiction and the client's
circumstances
• explained the options to the client in a way a
reasonable client could understand
• taken action to resolve the problem in
accordance with the client's instructions
Schedule 4
Legal Profession Admission Rules 2007 60
Explanatory notes
In the Performance criteria for Element 1, "follow up advice" includes
advice on the following:
• the effects of marriage on a will;
• the effects of divorce on a will;
• storage options for a will;
• revocation of a will;
• modification of a will;
• associated documents such as enduring powers of attorney.
In Element 3, "wills and estates problems" include problems of the
following:
• testamentary capacity;
• construction;
• validity of the will;
• validity of gifts;
• assets outside the jurisdiction;
• revenue issues;
• family provision;
• mutual wills;
• trusts;
• informal wills;
• testamentary directions.
5.16 Work Management and Business Skills
Descriptor: An entry level lawyer should be able to manage
workload, work habits, and work practices in a way that
ensures that clients' matters are dealt with in a timely
and cost effective manner.
Element Performance criteria
The applicant has competently: