ARTICLES OF CLERKSHIP GUIDELINES

These “Guidelines” are provided as a summary of the requirements for applying for registration of Articles of Clerkship. Principals and Applicants should refer to the Legal Practice Act 2003 (WA) (the Act) and the Legal Practice Board Rules 2004 (the Rules) to ensure compliance with all the relevant provisions.

Rule 22 of the Rules provides that an application must be lodged with the Legal Practice Board (Board) in the form of Form 1 and is to be accompanied by:-

1. A deed of articles of clerkship in the form of Form 2 and an undertaking as to practical legal training Form 2A.
2. Two certificates of good character in the form of Form 3¹.
3. Documentary evidence of the educational qualifications that entitle the applicant to be admitted, certified by the university from which those qualifications were obtained².
4. A certificate from the Police Force, given not more than one month before the application is lodged with the Board, setting out details of any offences committed by the applicant³.
5. A certified copy of the applicant’s birth certificate⁴.
6. Payment of a fee of $200. The Board’s Australian Business Number is: 23 127 312 585. The fee is GST free. Payment Options Form

NOTES:

1. Registration/Assignment of Articles

   Applicants are referred to section 21 of the Act and, in particular, to subsection (3) which provides that service under articles or assignment of articles does not commence until the articles are, or the assignment is, registered under the Rules.

   In this regard, applicants are also referred to a Notice issued by the Board to the effect that –

   “In respect of applications for the registration of articles of clerkship received in the Board’s office after 3 MARCH 2006, the registration date of such applications will be the date when the Board determines that it is satisfied that the requirements of ss 19 and 20 of the Act have been met”.

2. Recent Amendment of the Rules – Changes to the Content and Structure of the Articles Training Programme

   The Rules have been amended, as gazetted on 1 December 2006, to introduce changes to the practical legal training of articled clerks in Western Australia. The changes are summarized as follows:

   • The 4 week Core Course conducted by the Articles Training Programme (the ATP) has been designed to teach and assess the Elements described in the Skills, Practice Areas and Values set out in the “Competency Standards for Entry Level Lawyers” (Competency Standards). The Competency Standards are set out in Appendix B to the “Uniform Admission Rules” (UAR).

   • To enable articled clerks to meet the threshold level described in the Competency Standards, articled clerks are required, pursuant to rule 34A sub-rules (1)(b) and (2) of the Rules, to complete two Optional Subjects, namely, “Commercial and Corporate Law Practice” and “Property Law Practice”⁵. The Optional Subjects may be completed by either –

     1. the ATP course in each subject; OR
     2. practical legal training in each subject to the standard required by the UAR, provided to an articled clerk by or on behalf of his or her principal.

   • When applying for registration of articles of clerkship, an “Undertaking as to Practical Legal Training” (Form 2A) must be lodged with the Board, specifying whether the Applicant will complete the Optional Subject/s via (a) or (b), as referred to above.
   • Each legal practitioner with whom a Clerk has served articles must provide (shortly prior to the Clerk’s admission, or earlier in the case of Clerks who assign or cancel articles⁶) a Certificate of Completion of Articles” (Form 7). A principal who undertook to provide training in the Optional Subject/s must certify that his or her Articled Clerk has completed training (provided by or on behalf of the principal) and has attained (in his or her opinion) the standard required by the UAR.

   The changes referred to above apply to all Deed of Articles dated on or after 1 December 2006.

   A summary of the Core Course, 2007 Course Calendars and information relating to fees, enrolment etc are accessible via the “ATP” section on the Board’s website.

   FAQ’S

   Set out below are some frequently asked questions and answers, in relation to applying for registration of articles of clerkship.

   1. What is required if I wish to apply for registration of articles of clerkship in a name other than that which appears on my birth certificate?

      In addition to providing a certified copy of a birth certificate, you must provide ‘official’ evidence (eg a certified copy of a Deed Poll, Change of Name Certificate, Marriage Certificate) of your change of name.

   2. Can I provide copies of the documents (as referred to in (a) to (e) on page 1) which are required to be submitted with Form 1?

      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.

   3. 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).

   4. Will I receive confirmation of registration of my articles of clerkship?

      Yes, a letter will be sent to you and your Principal, confirming the date of registration, as approved by the Board.

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   ¹ The Board has determined that where an applicant seeks to provide a Certificate from a person who is not a local practitioner, it requires a letter in support from the referee/s which elaborates on the basis upon which he/she has formed an opinion as to the applicant’s good fame and character.
   ² Please ensure that academic record confirms that all requirements for the award of an LLB, have been satisfied.
   ³ A Police Certificate must be provided regardless of whether a person has or has not committed any offences.
   ⁴ An applicant who is unable to provide a certified copy of his/her birth certificate may apply in writing, pursuant to rule 76 of the Rules, to provide other evidence (eg a certified copy of a current Australian passport).
   ⁵ For ease of reference, attached are extracts of the Competency Standards relating to “Commercial and Corporate Law Practice” and “Property Law Practice”.
   ⁶ In case of assignment or cancellation of articles, attention is drawn to rule 23 sub-rule (3a) of the Rules.