“(a) has

1. fulfilled the requirements as to the taking of a degree in law at a university specified in the rules¹ together with such other academic requirements, if any, as may be specified in the rules either generally or in respect of a degree in law of a university specified in the rules; or
2. such other qualification as in the opinion of the Board is substantially equivalent to that degree,

and has served for the term prescribed by the rules under articles of clerkship to a legal practitioner and at any time during that term has satisfied the requirements for practical legal training prescribed by the rules.”

In Western Australia law graduates are required to complete 12 months (or 6 months if so determined by the Board under rule 34(1)(b) of the Legal Practice Board Rules 2004 (Rules)) service under articles of clerkship and during that time undertake the Articles Training Program (ATP). The ATP operated by the Board and is a practical legal training course which is a component of articles of clerkship.

A person who holds a degree in law at a university specified in the Rules (rule 32 provides that for the purposes of s27(2)(a)(i) the following universities are specified: The University of Western Australia; Murdoch University; and The University of Notre Dame Australia. NB: Rule 32 will shortly be amended to include Edith Cowan University, as a specified university) and who wishes to undertake service under articles of clerkship, must lodge an application for registration of articles with the Board.

Detailed information and precedents of forms for applying for registration of articles are contained in the Articles of Clerkship Guidelines.

A summary of the ATP Course, 2007 Course Calendars and information relating to fees, enrolment etc may be found under the “ATP” section.

Assessment of Qualifications (pursuant to s27(2)(a)(ii))

Persons who hold a degree in law or other qualifications from universities outside Western Australia are required to apply to the Board for assessment of their qualifications. Each application is considered by the Board on its own merits and a determination made as to whether an applicant will be required to complete examinations in subjects prescribed by the Board.

Following receipt of all of the above, the Board will assess whether an applicant’s qualification/s is/are substantially equivalent to a degree in law at a university specified in the Rules.

If, in the opinion of the Board, an applicant’s qualification/s is/are not substantially equivalent, an applicant may be required to complete examinations in a subject/s prescribed by the Board, either prior to or concurrent with service under articles of clerkship.

Assessment of Qualifications and Experience (pursuant to s27(2)(b)

Persons admitted to practice in an overseas jurisdictions who wish to qualify for admission as a legal practitioner of the Supreme Court of Western Australia, are required to apply to the Board for assessment of their qualifications and experience.

Pursuant to section 27(2)(b), a person is qualified to be admitted as a legal practitioner if that person –

“(i)       has a qualification that in the opinion of the Board is substantially equivalent to that referred to in paragraph (a)(i); or
(ii)       is experienced in legal practice in a place where the system of jurisprudence is substantially equivalent to the system of jurisprudence administered in this State,
and has met the requirements of the Board, if any, imposed in respect of that person under subsection (3).

Subsection (3) provides that the Board may require the applicant to do all or any of the following –

1. to obtain qualifications, pass examinations, or fulfil other requirements specified by the Board, in addition to the qualifications referred to in subsection (2)(b);
2. to serve a term of articles specified by the Board in addition to the qualifications referred to in subsection (2)(b),

before that person can be qualified to be admitted as a legal practitioner under subsection (2)(b).

Pursuant to rule 35 of the Rules a person intending to apply for admission under s27(2)(b) of the Act, is required to apply to the Board for –

1. its opinion of his or her qualifications and experience; and
2. a determination of the admission requirements which would be imposed under s27(3) of the Act.

Application must be made in the form of Form 9 and be accompanied by:

1. an original or certified copy of an official academic record (i.e. which lists all subjects studied and passed in academic qualification);
2. payment of a fee of $250 (which is GST free).
3. a copy of the person’s admission certificate (or its equivalent) for each jurisdiction in which the person is admitted;
4. a copy of the person’s practice certificate (or its equivalent) for each jurisdiction in which the person is entitled to practice; and
5. copies of any documents evidencing the person’s experience in legal practice.

Following receipt of all of the above, the Board will consider an applicant’s qualifications and experience. The applicant will then be advised of the conditions which must be satisfied to qualify for admission as a legal practitioner of the Supreme Court of Western Australia.

APPLICATION FOR ADMISSION

Before applying to the Supreme Court for admission an applicant must give Notice of Intention to Apply for Admission to the Board.

Applicants are referred to Part 4, Division 2 of the Rules, which in brief provide:

An applicant for admission pursuant to section 27(2)(a) of the LPA must, at least two months before applying to the Court for admission, give a Notice of Intention to Apply for Admission (Notice) to the Board in the form of Form 10.

A Notice must be accompanied by:

1. Documentary evidence² of the educational qualifications that entitle the applicant to be admitted certified by the university from which those qualifications were obtained.
2. A certificate from the Police Force, given not more than one month before the notice is given to the Board, setting out details of any offences committed by the person in this State³ .
3. Payment of a fee of $250.
4. A certificate in the form of Form 7 from each legal practitioner with whom the person has served articles⁴.
5. Two certificates of good character in the form of Form 11 from local practitioners of at least 2 years’ standing.

An applicant for admission pursuant to section 27(2)(b) of the LPA must, three months (or two months in the case of an applicant admitted in another State or Territory in Australia or New Zealand) before applying to the Court for admission, give a Notice of Intention to Apply for Admission (Notice) to the Board in the form of Form 10.

• A Notice must be accompanied by:
  1. Documentary evidence² of the educational qualifications that entitle the applicant to be admitted certified by the university from which those qualifications were obtained.
  2. A certificate from the Police Force, given not more than one month before the notice is given to the Board, setting out details of any offences committed by the person in this State³.
  3. Payment of a fee of $1,000 (or $750 if the applicant has been admitted and is entitled to practise in another State of Territory of Australia or New Zealand).
  4. Two certificates of good character in the form of Form 11 from people of good repute and standing from the jurisdiction in which the person is currently practising or last practised.
  5. If the Board imposed any requirements under s27 (3) of the Act, the notice must also be accompanied by –
     
     1. documentary evidence that the person has satisfied those requirements i.e. – an official academic transcript/record of results from the university at which applicant has studied subjects prescribed by the Board.
     2. if applicable, a certificate in the form of Form 7⁴. as to completion of articles.
  6. A certificate from the regulatory authority corresponding to the Supreme Court in each jurisdiction in which the person has been admitted stating whether the person –
     
     1. is still on the roll of admitted practitioners (or its equivalent), and if not, giving details of when and why the person was removed from the roll;
     2. has ever been struck off or suspended, and if so, giving details of when, why and for what period the person was struck off or suspended; and
     3. has ever been the subject of a complaint to the regulatory authority, and if so, giving the date of the complaint and details of its nature and how it was dealt with.
  7. A certificate from the regulatory authority corresponding to the Complaints Committee in each jurisdiction in which the person has been admitted stating whether the person –
     
     1. has ever been the subject of a complaint to the authority; and
     2. if so, giving the date of the complaint and details of its nature and how it was dealt with.

Certificates referred to in (6) and (7) above must have been given by the regulatory authority not more than 4 months before the notice is given to the Board.

FAQ’S

Set out below are some frequently asked questions and answers, in relation to applying for admission.

1. Can I provide copies of the documents which are required to be submitted with Form 10

   Yes, provided the copies are witnessed and certified (as a true copy of the original) in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005. Alternatively, you may provide a copy or copies and an original/s. Once the documentation is verified by a member of the Board’s staff, original documents will be returned.

2. Can the information required to be completed in various Forms be “hand-written”?

   It is preferable that all forms are submitted in a “typed” Form. Please ensure that information is legible, if you submit Forms with “hand-written” fields.
   NB:
   
   • It is important to ensure that all fields in the various Forms are fully and accurately completed (eg your full name must be stated on all Forms).
   • Forms which are incomplete or in accurate, will be rejected (which in turn may delay the processing of your application).

ADMISSION DATES FOR 2007

Friday, 2 February 2007	Wednesday, 5 June 20007	Wednesday, 3 October 2007
Friday, 2 March 2007	Tuesday, 3 July 2007	Friday, 2 November 2007
Tuesday, 3 April2007	Thursday, 2 August 2007	December - To be advised
Wednesday, 2 May 2007	Tuesday, 4 September 2007

ADVERTISEMENT OF INTENTION TO APPLY FOR ADMISSION

Pursuant to r38 of the Rules applicants for admission are required to cause to be advertised in a daily newspaper, on two occasions, their notice of intention to apply for admission. The Board will arrange the necessary advertisements and send an account for an applicant’s share of the costs.

APPLICATION TO THE COURT

A certificate signed by the Chair of the Board and issued pursuant to s28(1)(c) of the LPA will be forwarded once an applicant has observed and complied with relevant provisions of the Act and Rules.

Following receipt of a certificate from the Board, an applicant is then required to swear/affirm an affidavit in the form of Form 13, to which the Board’s certificate is annexed. The Affidavit and a Motion Paper must be filed in the Supreme Court of Western Australia at least three clear working days before the admission ceremony, and must be accompanied by the filing fee of $228.

Further information relating to the filing of documents and the admission ceremony is available on the website of the Supreme Court of Western Australia (www.supremecourt.wa.gov.au/content/faq/admissions.aspx).

Pursuant to r40 of the Rules, with the exception of applicants referred to in s30(2) of the Act (applicants who are already admitted in another Australian jurisdiction), applicants must attend in person before the Full Court when his or her admission is moved.

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¹ Rule 32 of the Legal Practice Board Rules 2004 provides that for the purposes of s27(2)(a)(i) the following universities are specified –

1. The University of Western Australia;
2. Murdoch University; and
3. The University of Notre Dame Australia.

NB: Rule 32 will shortly be amended to include Edith Cowan University, as a specified university.

² A original or certified copy of either an academic transcript/record (that confirms that all requirements for the award of an LLB) or an LLB degree certificate, may be provided.

³ A Police Certificate must be provided regardless of whether a person has or has not committed any offences.

⁴ Pursuant to rule 36(5a) of the Rules, a Form 7 Certificate/s may be given after the applicant has lodged Form 10, but must be given at least 14 days before the date of admission.