AGY-1093 | Barristers Admission Board

Full description

The Barristers Admission Board was established by An Act to regulate the admission in certain cases of Barristers of the Supreme Court of New South Wales Act 1848 (11 Vic., No. 57). The Board consisted of the three Judges of the Supreme Court, the Attorney General and two barristers elected annually by the practising barristers of the Supreme Court. Candidates were to be examined in the Ancient Classics (Greek & Latin); Mathematics, Law and any other branch of knowledge deemed appropriate by the Board. (1) A barrister had to be a "person of good fame and character". The Act continued a proviso that " nothing herein contained shall be construed to apply to the admission of Barristers of England or Ireland or Advocates of Scotland. (2) This measure maintained the efficacy of the Third Charter of Justice (1823) which enabled the Supreme Court to admit persons with these qualifications. The first local rules governing admission procedures which covered examiners, examination conduct, fees, set texts, and notice of successful candidature - were promulgated on 4 April 1859 (3). In 1857 An Act to confer certain privileges on Graduates of the University of Sydney 1857 (20 Vic., No. 14) exempted University of Sydney Masters and Bachelors of Arts from all examinations stipulated in the Barristers Admission Act, excepting that in law. Two years later another University Graduates Act extended these rights to any person with a Degree in Arts, Medicine, or Law from Oxford or Cambridge or in a University established by Imperial Statute, Colonial Act or Royal Charter. The Colonial Bar Act 1861 (25 Vic., No 9) allowed barristers admitted under the 1848 Admissions Act to be eligible for appointment as Chief Justice, Puisne Judge, Master in Equity or "any office within the Colony". (4) The 1848 legislation was again amended through the Barristers Admission Act 1876 (39 Vic., No. 32) where examinations in the Classics and Mathematics could be dispensed with when candidates had passed two annual examinations in any faculty of Sydney University. The additional subjects of Logic and French language and literature could also be substituted for Greek. (5) Under the Barristers' Admission Amendment Act 1882 (46 Vic., No. 2) any duly admitted barrister of the Supreme Court in either colonies of Queensland or Victoria was eligible for admission in New South Wales on such terms and conditions as the local Court should determine. In February 1888 solicitor's of five years standing, on first having their name struck off the Roll of Solicitors, could be admitted to the Bar after complying with the relevant examinable courses. The re-examination of solicitors of five years standing was abandoned in 1906. An Act to consolidate the Enactments relating to Legal Practitioners 1898, (Act No. 22) repealed all prior statutes relating to the admission of barristers. The Barristers' Admission Board was now constituted by this Act although its composition and role did not change. The rules of 16 November 1906 were the first consolidated under the Legal Practitioners Act. The examination of solicitors of five years standing was abandoned; the scope of examinations was broadened, and appointed the Professor of Law at the University of Sydney as an examiner or alternatively two professors from other Faculties. The final examination covered Real and Personal Property - Equity, Bankruptcy, Probate and Divorce plus Legal Interpretation in its first section. The second section included Contracts, Torts and Crimes, and Procedure at Common Law in Civil and Criminal cases with Pleading and Evidence. (6) By a rule of March 1935 barristers of other states or of any imperial Court struck off the roll in their principal Court of admission for misconduct or suspension from practice were automatically struck off the New South Wales roll. Under the Legal Practitioners Act 1898, there was no requirement that barristers hold a current practising certificate in order to work as a barrister. Once a barrister was admitted by the Supreme Court and signed the Roll of Barristers, he or she could commence unrestricted practice at the New South Wales Bar at any time. Although for a number of purposes - such as listing in the New South Wales Law Almanac - persons admitted to the Bar were labelled as either "practising barristers" or "non-practising barristers", this classification had no formal status. A "non-practising barrister" was entitled to accept a brief, offer advice and appear in court. The Legal Practitioners Act 1898 was replaced by the Legal Profession Act 1987 (Act No, 109, 1987) as the principal piece of legislation governing the regulation and discipline of the legal profession. Under the Legal Profession Act barristers were required to hold current practising certificates in order to practise at the New South Wales Bar, (7) although this had been a condition of practice imposed on solicitors since 1935. (8) This certificate is renewable annually, and requires payment of a fee (scaled according to experience and status). The Responsibility for administering the new system was placed with the Bar Council (the executive council of the Bar Association). (9) From 1 January 1988 the Legal Profession Act 1987 reduced the number of members of the Barristers Admission Board from 40 to six. The new members were three Supreme Court Judges, two practising barristers, and the Attorney General or his or her representative. (10) Certain functions relating to the maintenance of rolls and issue of certificates for solicitors previously carried out by the Supreme Court Registry were transferred to the Solicitors Admission Boards on 4 January 1993. (11) By 1993 the Barristers Admission Board performed a role in the Information and Regulation Program of the Attorney General's Department (12). The following year the agency was placed in the 'Regulation of the Legal Profession' program (13) The Legal Practitioners Admission Board replaced the Barristers Admission Board on 1 July 1994 taking over its role to approve properly qualified persons as solicitors, along with all its assets and liabilities. (14) Endnotes:
(1) An Act to regulate the admission in certain cases of Barristers of the Supreme Court of New South Wales Act No. 11 Vic., No. 57 1848 Section 1
(2) An Act to regulate the admission in certain cases of Barristers of the Supreme Court of New South Wales Act No. 11 Vic., No. 57 1848 Section 2
(3) Bennett J.M. (Ed) A History of the New South Wales Bar The Law Book Company Sydney 1969 page 220
(4) An Act to extend to Graduates of other Universities certain privileges enjoyed by Graduates of the University of Sydney, 22 Vic., No. 23 1859
(5) An Act to amend an Act intituled "An Act to regulate the admission in certain cases of Barristers of the Supreme Court of New South Wales Act" 39 Vic., No. 32 1876
(6) Rules of November 1906
(7) Legal Profession Act, Act 109 1987 Section 25
(8) The power to do so was conferred by Part IX of the Legal Practitioners Act 1898 (NSW), introduced by the Legal Practitioners (Amendment) Act, Act No. 12 1935 Section 2 (e). Prior to that time the Law Society lacked any legislative power to govern solicitors
(9) Legal Profession Act, Act 109 1987 Section 32
(10) Annual Report of the Attorney General's Department for the year ended 30 June 1998 page 118
(11) Annual Report of the Attorney General's Department for the year ended 30 June 1993 page 70
(12) Annual Report of the Attorney General's Department for the year ended 30 June 1993 p.15, 57, 69-72
(13) Annual Report of the Attorney General's Department for the year ended 30 June 1994 p. 5, 39
(14) Annual Report of the Attorney General's Department for the year ended 30 June 1995 page 131.