VPRS 16236 Roll of Barristers

Full description

Prior to 1891 people were admitted to practice either as barristers or as attorneys, solicitors and proctors.

The enactment of the Legal Profession Practice Act 1891 (1229) legally fused the barristers' and solicitors' branches of the legal profession in Victoria and the distinction is maintained in the current Act, the Legal Profession Practice Act 1958. In practice, however, the branches remain quite separate, for a person admitted as a barrister and solicitor of the Supreme Court must make an election whether they wish to be inscribed on the Roll of Counsel or on the Roll of Solicitors.

If a person elects to practice as a barrister in Victoria, he or she must make an application to sign the Roll of Counsel. The Roll of Counsel constituting the Victorian Bar is kept by the Victorian Bar Council, who upon being satisfied as to the applicant's qualification, intention to practise as counsel in Victoria and obtaining further undertakings as required, may, subject to its discretion, consent to the applicant's signing of the roll.

The rules regarding the admission to practice as lawyers were outlined in the Supreme Court rules. In April 1853 the Supreme Court promulgated Rules and Regulations for Admission to Practices as Barristers and as Attorneys, Solicitors and Proctors, in the Supreme Court of Victoria. Rule 1 established two Boards of Examiners, one for Barristers and one for Attorneys.

The Board of Examiners for Legal Practitioners (body situated within Supreme Court of Victoria) is the body responsible for arranging admission to practice in the Supreme Court of Victoria by persons wishing to be lawyers. The Board grants (or withholds) the Certificates upon which the Supreme Court relies when ordering that persons be admitted.

The Roll of Barristers records the names of those 'called to the bar' that is allowed to practice as a barrister in the state of Victoria. .

The Roll records the barrister's full name or signature, (from 1892 onwards), date of admission and remarks, (barrister's death, or elevation to the bench or disbarment).

A separate Roll of Solicitors was maintained (Refer to VPRS 16237).