Northern Territory regulation

SUPREME COURT (SENIOR COUNSEL) RULES 2007

In ForceNT

Jurisdiction

Northern Territory

Collection

regulation

Plain English Summary

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These Rules set the procedure the Chief Justice must follow to appoint Senior Counsel in the Northern Territory. They prescribe required candidate attributes, an annual written application process with deadlines, consultation with nominated solicitor and barrister representatives, and give the Chief Justice discretion over consultation, handling adverse comments and whether to give reasons.

They affect practising advocates who apply, the Chief Justice who decides, and legal bodies that must nominate or receive applicant lists. They matter because they allocate decision-making power, impose evidence and timing burdens on applicants, and allow confidentiality that shapes incentives and contestability.

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SUPREME COURT (SENIOR COUNSEL) RULES 2007

NORTHERN TERRITORY OF AUSTRALIA SUPREME COURT (SENIOR COUNSEL) RULES 2007 As in force at 29 March 2017 Table of provisions 1 Citation ............................................................................................ 1 2 Purpose ........................................................................................... 1 3 General principles governing the exercise of statutory powers........ 1 4 Attributes required for appointment as Senior Counsel ................... 1 5 Application for appointment ............................................................. 2 6 Consultation..................................................................................... 2 7 Notification of decision ..................................................................... 3 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 29 March 2017

SUPREME COURT (SENIOR COUNSEL) RULES 2007 Rules under the Supreme Court Act 1979 1 Citation These Rules may be cited as the Supreme Court (Senior Counsel) Rules 2007. 2 Purpose These Rules state the principles on which the Chief Justice will exercise the power to appoint Senior Counsel under section 21 of the Legal Profession Act 2006. 3 General principles governing the exercise of statutory powers (1) The Chief Justice will not appoint Queen's Counsel. (2) Except in exceptional cases, appointment as a Senior Counsel will be confined to practising advocates. 4 Attributes required for appointment as Senior Counsel The following attributes are required for appointment as a Senior Counsel: (a) exemplary knowledge and understanding of the law; (b) a high level of skill as an advocate; (c) integrity and trustworthiness; (d) commitment to the best traditions of the bar and to the administration of justice; (e) maturity of judgment acquired from substantial experience in legal practice.

Supreme Court (Senior Counsel) Rules 2007 2 5 Application for appointment (1) A legal practitioner may apply to the Chief Justice to be considered for appointment as Senior Counsel. (2) The application must be made in writing no later than 31 August. (3) The application must: (a) provide evidence the applicant has the attributes required for appointment; and (b) include any undertaking required by the Chief Justice. (4) Immediately after the closing date for applications, the Chief Justice must provide a list of the names of all the applicants to the following: (a) the Attorney-General; (b) the President of the Law Society; (c) the President of the Northern Territory Bar Association. (5) A person to whom the list is given under subrule (4) may make it available for inspection by anyone else. 6 Consultation (1) For the purposes of section 21(2)(b)(iii) of the Legal Profession Act 2006: (a) the President of the Law Society must, in each year, nominate to the Chief Justice at least one solicitor to represent the Society; and (b) the President of the Northern Territory Bar Association Incorporated must, in each year, nominate to the Chief Justice at least one barrister to represent the Association. (2) The nominations must be made in writing no later than 31 July. (3) The consultation required under section 21(2)(b) of the Legal Profession Act 2006 is to be conducted as the Chief Justice considers appropriate. (4) The Chief Justice may (but is not obliged to) refer adverse comments made about an applicant to the applicant for a response. (5) If the Chief Justice refers an adverse comment to the applicant, the Chief Justice is not obliged to disclose the source of the comment.

Supreme Court (Senior Counsel) Rules 2007 3 7 Notification of decision (1) The Chief Justice must notify an applicant of the Chief Justice's decision regarding the applicant's application. (2) The Chief Justice is not obliged to give reasons for the decision.

ENDNOTES Supreme Court (Senior Counsel) Rules 2007 4 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Supreme Court (Senior Counsel) Rules 2007 (SL No. 43, 2007) Notified 16 January 2008 Commenced 16 January 2008 Supreme Court (Senior Counsel) Amendment Rules 2007 (SL No. 5, 2017) Notified 29 March 2017 Commenced 29 March 2017 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2 and 6. 4 LIST OF AMENDMENTS r 5 amd No. 5, 2017, r 3

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Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 SUPREME COURT (SENIOR COUNSEL) RULES 2007

NORTHERN TERRITORY OF AUSTRALIA

As in force at 29 March 2017