Lawyers and Conveyancers Act (Lawyers: Practice Rules) Regulations 2008

5 Application for practising certificate
  • (1) Every application for a practising certificate must be made to the Law Society and—

    • (a) be in the appropriate form prescribed by the Law Society; and

    • (b) include all fees and other charges payable under subclause (4).

    (2) The Law Society may—

    • (a) prescribe different application forms for different kinds of practising certificates; and

    • (b) permit or require application forms to be completed in different ways (for instance, electronically or in hard copy); and

    • (c) require that particular kinds of applications be made on or before dates determined by the Law Society.

    (3) Every application form must require the applicant to—

    • (a) make a statement that he or she undertakes to comply with the fundamental obligations of lawyers as set out in section 4 of the Act; and

    • (b) declare whether, during the period since his or her admission or since receipt of the last practising certificate (whichever is more recent), any matter has arisen that does or might affect the person's fitness to be issued with a practising certificate; and

    • (c) declare whether he or she has complied, or is complying, with any applicable orders of a Standards Committee, the Legal Complaints Review Officer, and the Disciplinary Tribunal.

    (4) The fees and other charges payable by applicants before a practising certificate may be issued are as follows:

    • (a) the appropriate practising fee set by the Council of the Law Society under section 73 of the Act:

    • (b) if the applicant is subject to Part 10 of the Act, the contributions to the Lawyers' Fidelity Fund prescribed by the Council of the Law Society under section 312 of the Act:

    • (c) any levy imposed by the Council of the Law Society under any of sections 74(1), 277, or 314 of the Act and payable by the applicant:

    • (d) any outstanding fees and costs for which the applicant is liable under the Lawyers and Conveyancers Act (Trust Account) Regulations 2008.

    (5) Despite subclause (4), the Law Society may, with respect to any person, waive or modify the requirement to pay all or any of the fees and other charges set out in paragraphs (a) to (d) of that subclause.

    Regulation 5(4)(c): amended, on 1 October 2012, by regulation 5 of the Lawyers and Conveyancers Act (Lawyers: Practice Rules) (Practice on Own Account) Amendment Regulations 2012 (SR 2012/220).