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©State of Queensland
T G
2 Geo. 6 No. 20
~ ~ e p ~ n t e d as at 1 September, 19841
Legal Practitioners Act Am~ndment Act of 1938, 2 Geo, 6 No. 20 Legal ~ ~ a c t i t i o n e r s Acts A
Legal ~ract~tjoners Acts A~~~
As amended by
ct of 1947, 11 Gee*
~ ~Acts and Another Act Amendment Act ~ r t of 1955, 4 E h . oners Acts A m e n ~ ~ e n t Act o
oners Acts Amendment ners Acts ~ m ~ n d m e n t
An Act to Amend “The Supreme Court Acts, 1861 to 1926,” and
“The Legal Practitioners Act of 1$817’ in certain particulars [ASSENTED TO 24 NOVEMBER, 19381 BE I[T ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:--
hort title and c~nstr~ction. This Act may be cited as “The Legal Practitioners Act Amendment Act of 1938,” and shall be read together with and deemed part of “The Legal’ ~ractitioners Act of1 88 1 ,” hereinafter referred to as the Principal Act.
This Act shall also be read together with and deemed part of “The Supreme Court Acts, 1861 to 1926.”
Collective title. The Principal Act, “The Legal ~ract~tioners Act of 1905,” and this Act may collectively be cited as “The Legal Practitioners Acts, 1881 to 1938.”
2. Restriction on admission to practise as a conve~ancer.
No~withstanding anything contained in section forty-two of the “Supreme Court Act of 1867,” but subject as hereinafter provided, no person shall, after the first day of J a n u a ~ , one thousand nine hundred and forty, be admitted to practise as a conveyancer nor shall any certificate as provided by the said section forty-two be issued to any such person except in
2 0 . 3 T H E LEGAL PRACTITIONERS ACT
, ~ ~ ACT ~OF 1938 ~ ~ ~ ~s. 5 N T
respect of admissions made prior to the aforesaid date; and section forty-one of the “Supreme Court Act of 1867,” “The Legal ~racti~ioners Act of 1905,” and “The Queensland Law Society Acts, 1927 to 1938,”
shall be read and construed accordingly:
Provided that any person who on the first day of January, one thousand nine hundred and forty, is serving under articles pursuant to the Rules of the ourt relating to the admission of persons
to practise as CO tes the final examination
prescribed by rty-first day of December,
one thousand nine and forty-one, shall, subject to such Rules, be entitled to practise as a conveyancer and to have a said section forty-two of the “Supreme
~~~~~~~~~, (1) A 1867’5 issued to him.
conveyancer who-
as for at least five years since he became entitled to practise as a conveyancer been a ~ a n a ~ i n g clerk in the ofice of a as a conveyancer in Has for at least
the final law examinatio~ prescribed for the admission of solicitors or s examinatio~ prescribed as equivalent thereto in all subjects presc for that examination except the subjects which at the c o ~m en cem en t of this Act are comprised within the section of such examinati~n dealing with the Law o f Real Property
Conveyancing, the Law of Personal Property and Principles of Equity, and who has otherwise complied as are prescribed, and who satisfies the court that h
person to be admitted to practise as a solicitor, shall be entit~ed to be admitted as a solicitor.
(2) This section shall apply to conveyaneers to whom a certificate has been granted either before or after the commenceme~t of this Act.
shall not be entitled to practise as a barrister,
This section does not apply and never did apply to solicitor in any Commonwealth or State Department actin of his official duties.
and privileges as if section one of “The Legal ~ r ~ ~ t ~ ~ i o n e ~ ~ Act of 188 1 ” had not been repealed.
Any such barrister or solicitor so acting shall have the sa
As amended by Act of 1946, 10 Ceo. 6 No. 16, s. 2.
s . 6 s. 10 3
s are on the roll of tion twenty-five of
a~mission of solicitors.
(3) Upon the Qeliv t~gether with the prescr
shall forthwith enter the name of suc with a m e m o r a n d u ~ that such ent and it s h a ~ ~ not be necessary for suc
(4) The registrar shall at the same time make a ~ e m ~ r a n d u ~ on the Roll of Barristers that the name of‘ such person has been removed p ~ r s u a ~ t to this section,
( 5 ) An oath of office shall be made and taken befo of election shall be v e r i ~ e d by a certi~cate of a prac practising solicitor, notary public, or by a registrar or o f t h e Supreme Court, who are hereby authorised in t
notice of election icitor, the registrar 011 of Solicitors
iority only, every such person shall be o practise as a solicitor on the date of as aforesaid he shall as d to be and shall be as a solicitor, and shall b the rights a vileges ct to the obligations and solicitor an 1 cease ns and his admission as a barrister.
from the date of such enrolment be and to have the rights and privileges or duties of a barrister.
(7) Upon the enrolment of such pe
et to the ob 7. Amended “Supreme Court Act of 19
Nothing in this ns of section ten of “The Supreme Court Act of 1921.”
Repealed by Act o f 1968, No. 45, s. 3,
9. (Repealed).
A solicitor in any matter or proceeding in which he or his partner acts as a solicitor shall have the
4 Sch, THE LEGAL PRACTITIONERS ACT AMENDMENT ACT OF 1938
Sch.
same right of audien~e as a solicitor in all courts in Queensland as he had immediately prior to the passing of this Act other than such rights as were conferred by section one of “The Legal Practit~o~ers Act of
188 1
,”
hereby repealed.S C H ~ ~ ~ ~ E
ON THE ROLL OF ~OLICITORS
NOTICE OF ELECTION BY A BARRISTER TO HAVE HIS NAME ENTERED
1, O f having been admitted as a
Barrister of the Supreme Court of Queensland on the
day of 19 HEREBY ELECT pursuant to Section 6 of “The Legal ~ r u c t i t i f f ~ e r ~ Act A ~ ~Act ~of 1938” ~ to have my ~ e ~ t name entered as a Solicitor on the Roll of Solicitors kept pursuant to the Rules relating to the Admission of Solicitors.
Dated this day of 19 .
1, of in the State of ~ u ~ e n s l a n d
!Barrister, ~ r u c ~ i ~ i ~ ~ ~ f f ~ ~ c ~ t o r , ~ o t u r y Pu~lic, or Registrar or Deputy
~ e g i s t r ~ r sfthe ~ ~ ~Court] r HEREBY e ~ zCERTIFY ~ that the above named who is personally known to me appeared before me and in my presence signed the election above set out, and that the signature now appearing thereon is in the proper handwriting of the said
Dated this day of 19
.
64957-By Authority: S. R. HAMPSON, Go~ernmenf Printer, Queensland
A
Act-
collective title . . . . . . . . short title and con~tructlon . ,
restriction on, to practice as a conveyancer . . . provision for con~eyanc.er to be. as solicitor right of, preserved
. .
Admission- Admitted- Audience-
. , . s. f
, . , . 1
2
, . . 3
. , IO
Barristers-
may elect to be enrolled as a solicitor; procedure . , 6 notice of election by, to have name entered on roll of solicitors' Sch.
restriction in respect of practice as to solicitors and , . . s. 5
c
Conveyancer-
;
provision for, to be admitted as solicitor.. . , . . . . . restriction on admission to practise as a . . , , . . ,
E
Eiection-
notice of, by barrister to have name entered on roll of solicitors Sch.
N
Notice of election-
by a banister to have name entered o n roll of solicitors Sch.
P
Practice- Procedure-
restriction in respect of, as to banisters and solicitors . s. 5 banisters may elect to be enrolled as a solicitor 6
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6 INDEX
Restriction-
in respect of practice as to barristers and solicitors
on admission to practise as a conveyancer . . . . . . s.
;
Right of audience preserved , . , , . , . I O
s
Saving-
re The Supreme Court Act of 1921 8
Solicitor-
barrister may elect to be enrolled solicitor; procedure . . . . 6 provision foi conveyancer to be admitted as , , , . 3 restriction in respect of practice as to barrister and . . . , 5 Solicitors-
roll of-
notice of election by barrister to have name entered on Sch.
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64957-By Authority: S . R. IIAMPSON, ~ o ~ e e n m e n t Printer. Queensland
