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 $300 (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.

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