Law Practitioners (Victoria Reciprocity) Order 1937

Reprint
as at 1 January 2004

Coat of Arms of New Zealand

Law Practitioners (Victoria Reciprocity) Order 1937

(SR 1937/242)

Galway, Governor-General

Order in Council

This 29th day of September 1937

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.

Pursuant to the Law Practitioners Act 1931, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and being satisfied that the regulations respecting the admission of persons as barristers and solicitors of the Supreme Court of Victoria are such as to secure that such persons possess proper qualifications and competency, and that by the law of the State of Victoria barristers and solicitors of the Supreme Court of New Zealand will be entitled to admission as barristers and solicitors of the Supreme Court of Victoria on terms as favourable as those on which barristers and solicitors of the Supreme Court of Victoria will, under the Law Practitioners Act 1931 and this Order in Council, be entitled to admission as barristers and solicitors of the Supreme Court of New Zealand, doth hereby order as follows.

Contents

1

2

3

Order

1

  • This Order may be cited as the Law Practitioners (Victoria Reciprocity) Order 1937.

2

  • Any barrister and solicitor of the Supreme Court of Victoria who has been in practice before that court for not less than 3 years and who has resided in New Zealand for at least 5 months preceding the date at which he intends to apply for admission as a barrister or solicitor or barrister and solicitor of the High Court of New Zealand and who has given to the Registrar of the High Court at the place where he intends to apply for admission a written notice in triplicate stating the qualifications in respect of which such application is intended to be made, not less than 2 months before the date at which he intends to apply for admission, shall be eligible for admission without examination to practise as a barrister or solicitor or barrister and solicitor of the High Court of New Zealand.

    Clause 2: amended, on 1 January 2004, by section 48(4) of the Supreme Court Act 2003 (2003 No 53).

3

  • Every person giving notice of his intention to apply for admission under the preceding paragraph shall at the same time lodge with the Registrar of the High Court of New Zealand at the registry where the application is to be made the certificate of his previous admission and a statutory declaration in the following form:

     
    In the matter of the Law Practitioners Act 1931 and in the matter of the application of AB, a barrister and solicitor of the Supreme Court of Victoria, to be admitted a barrister [or solicitor] [or barrister and solicitor] of the High Court of New Zealand.

    I, AB, of [specify], do solemnly and sincerely declare as follows:

    • 1 On [date] I was duly admitted a barrister and solicitor of the Supreme Court of Victoria.

    • 2 The paper writing hereunto annexed and marked “A” is a true copy of the certificate of my admission as such barrister and solicitor and I am the person named therein.

    • 3 I have not done or committed any act or thing which would cause my name to be struck off the roll of barristers and solicitors of the said court, and to the best of my knowledge and belief my name still remains on the said roll.

    • 4 I ceased to practise in the State of Victoria on [date].

    • 5 I arrived in the Dominion of New Zealand on [date].

    • 6 I have resided in the Dominion of New Zealand for a period of 5 months preceding the date hereof [state whether the residence has been continuous or not and reason of absence from New Zealand, if any].

    • 7 Since I ceased to practise as aforesaid I have been engaged in [state mode of employment].

    • 8 I am known to CD of [specify] and EF of [specify], 2 respectable householders resident in the Dominion of New Zealand, and I refer to the said CD and EF as to any inquiries that may be made respecting myself.

    And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Justices of the Peace Act 1927.

     

    Signature:

     

    Declared at [place, date] before me—

    Signature:

    (Justice of the Peace [or solicitor, or Notary Public, etc])

    Clause 3: amended, on 1 January 2004, by section 48(4) of the Supreme Court Act 2003 (2003 No 53).

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 7 October 1937.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Law Practitioners (Victoria Reciprocity) Order 1937. The reprint incorporates all the amendments to the order as at 1 January 2004, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)