This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 October 2012, are made under the Lawyers and Conveyancers Act 2006. They amend the criteria or grounds (as the case may be) that the Lawyers and Conveyancers Act (Lawyers: Practice Rules) Regulations 2008 prescribe or set out for a lawyer to practise on his or her own account (whether in sole practice, as a partner in a firm, or otherwise) as a barrister and solicitor or as a barrister sole. The key changes are—
the experience, training, and suitable person criteria or grounds (as the case may be) are generally made the same for practice on one's own account as a barrister sole as they are for practice on one's own account as a barrister and solicitor:
new definitions of legal experience, and of the required minimum amount of recent legal experience, recognising more clearly and consistently the required minimum amount of recent full-time or part-time qualifying experience:
drafting improvements are made to the special rules for members of the legal profession in Australia.
The required minimum amount of recent legal experience has several key elements. The legal experience must occur in at least 3 (successive or separated) years in the 5 years immediately before the date of commencing practice on one's own account. All legal experience after the 40th hour in any week, if any, is excluded. The required total of 4830 hours can be achieved, for example, by sustaining an average of 35 hours for each of the 46 working weeks of 3 years.
Date of notification in Gazette: 23 August 2012.
These regulations are administered by the Ministry of Justice.