Admission to Practice

Introduction

Pursuant to section 15 of the Legal Practitioners Act 1981, if you have completed the requirements for admission prescribed in Part 2 of the Rules of the Legal Practitioners and Admissions Council (2018 LPEAC Rules) and Part 7 of the Uniform Civil Rules 2020, and have satisfied the Court that you are a fit and proper person to practise the profession of the law, you are entitled to be admitted and enrolled as a barrister and solicitor of the Supreme Court of South Australia.

Admission Process and Forms

The admission process is prescribed in Part 7 of the Uniform Civil Rules 2020 and in the Prescribed Forms.

Rule 257.2 provides that if you have not previously been admitted as a lawyer in Australia or New Zealand your application for admission must be instituted by filing an Originating Application in accordance with rule 82.1 (Form 7A) and an affidavit in accordance with rule 82.1(2) (Form 12A) and Form 14 Exhibit front sheet to affidavit or Statutory Declaration.

It is important that you ensure that the form and content of the documents you will be filing with CourtSA comply with the requirements detailed below. Documents that do not comply in every respect with the requirements will not be able to be filed and will not be referred to the Board of Examiners. It is recommended that you attempt to complete the application and then when you are ready, submit it to the Admissions Portal for the Pre-Assessment. Please refrain from emailing or calling with questions regarding entry or formatting issues as the purpose of the pre-assessment is for us to work with you to resolve these issues before you file your application with CourtSA.

Exhibits

• An Official Academic Transcript stating completion or conferral of the Bachelor of Laws . (Awards or parchments are not acceptable for this purpose)
• Graduate Diploma in Legal Practice (GDLP) or Practical Legal Training Completion (PLT) Letter. (If you completed your GDLP with the College of Law South Australia you must use the Completion Letter that states that you have completed your GDLP in South Australia.
• Identification (please provide a legible colour copy);
  • Driver Licence, or;
  • Birth Certificate, or;
  • Passport.

If you have completed your Bachelor of Laws and Graduate Diploma in Legal Practice (GDLP) or Practical Legal Training Completion (PLT) with Flinders University you can exhibit the Official Academic Transcript for both the academic and practical requirements as exhibit A.

You cannot apply for admission without your Graduate Diploma in Legal Practice (GDLP) or Practical Legal Training Completion (PLT) Letter. The application cut off date is a strict deadline and further documents cannot be tabled on the Board of Examiners agenda after it.

Interstate Law Degree

If you have completed your Law Degree interstate before you can apply for admission you need first to apply to the Board of Examiners for a determination that your interstate Law Degree satisfies the academic requirements for admission in South Australia. If approved, you will be provided with a letter from the Board, following their meeting that is required to be provided in your Admission application. You are not eligible to apply for Admission until you have received the letter from the Board and are not able to apply for the determination of your interstate Law Degree and admission at the same time.

For more information please scroll down on this page and review the information under the heading Interstate Bachelor of Laws – Local Admission.

Disclosure

As part of your affidavit you need to disclose matters that are relevant to your fitness to practice. For information about what you need to address here go to the LACC Disclosure Guidelines for Applicants for Admission to the Legal Profession at Appendix D of the current LPEAC Rules.

Clause 3(e) of the LACC Guidelines provides as follows:

3.   Your Admitting Authority will apply the following principles when determining your fitness for admission:

(e)   Any disclosure you make that may be relevant to whether you are currently able to carry out the inherent requirements of practice is confidential.

Applicants are directed to the decision of the Full Court of the Supreme Court in In the Matter of Lisa Jane Barrett (No 2) [2021] SASCFC 38 (2021 SASCFC 38.pdf) that contains a discussion about the confidentiality of disclosures made pursuant to Part 7 of the Uniform Civil Rules 2020.

Form 12A clause 8 provides that, “Full details must be given in relation to each offence or alleged offence in a separate statement, which is to be exhibited to the affidavit in a sealed envelope”. If you have disclosures to make pursuant to clause 8 of Form 12A, you will need to refer to the exhibit in the usual manner in the Affidavit but not include it with the documents you file via CourtSA. Instead, you will need to place the exhibit in a sealed envelope addressed to “The Secretary Board of Examiners” and marked with your name and contact details and cause it to be delivered to the Society at Level 10, 178 North Terrace Adelaide by the applicable cut-off date for applications to the Board of Examiners (see above). The exhibit will be viewed only by the Secretary and Administrative Assistant to the Board of Examiners and the members of the Board of Examiners.

Where disclosure documents are more than 50 pages applicants need to provide the Society with an indexed Book of Documents by which the documents are presented in a logical and easy to use manner as follows:

• The first documents will always be the Originating Application Ex Parte (Form 7A) and Supporting Affidavit (Form 12A) (together with the exhibits that were filed with the Court).
• The subsequent documents will be the Exhibit to the supporting affidavit disclosure documents filed with the Society and should commence with the covering letter or document which details all of the matters being disclosed and references the documents being provided by you (which will follow).
• The documents must be paginated.
• There must be a covering Index which refers to the Applicant’s name which references the documents in the usual manner. Click hereto access the suggested template.
• Documents covering a number of different disclosure issues such as Medical, Financial and Criminal, should be arranged in groups in the book and under separate subheadings in the Index (see template).
• The paginated and Indexed Book of Documents should then be emailed to the Society as a single PDF document.
• Books of Documents which do not comply with the requirements will be returned for correction before being placed before the Board.

Execution of the Affidavit

You must have your affidavit sworn or affirmed in accordance with Division 2, s31.9 of the Uniform Civil Rules 2020 as follows;

31.9—Attesting witness

(1)     The following persons are authorised to take an affidavit or statutory declaration (authorised witnesses):

(a)     the Registrar of the Court;

(b)     a justice of the peace;

(c)     a notary public;

(d)     a Commissioner for taking affidavits; and

(e)     any other person authorised by law to take affidavits or statutory declarations respectively.

(2)     An affidavit or statutory declaration may not be made before the party or an employee or agent of the party filing it unless—

(a)     the attesting witness is a lawyer acting for the party; or

(b)     the party is the Crown. 

Submission of Documents for Checking

Before filing your documents with the Court, you will need to submit them to the Society for pre-assessment via the Admissions Portal.

It is recommended that you attempt to complete the application and then when you are ready, submit it to the Admissions Portal for the Pre-Assessment. Please refrain from emailing or calling with questions regarding entry or formatting issues as the purpose of the pre-assessment is for us to work with you to resolve these issues before you file your application with CourtSA.

Generally applicants are responded to within 1-2 business days after an application is received for pre-assessment. It is recommended that you submit your application for the pre-assessment as soon as practical to ensure you do not miss the application cut off date in the event changes are required to your application. Applications received on the cut-off date for pre-assessment are processed with high priority, however there is no guarantee that applications received in this day will considered by the Board of Examiners at the next relevant meeting.

We are unable to provide you with a time frame in which the pre-assessment will be completed. This process is dependent on if your application is correct or if it requires you to make changes and resubmit.

Follow up phone calls or emails made just after submitting your application for pre-assessment can cause delays in assessing your and other applications. We appreciate that this may be a stressful time and ask for your patience, upon your submission we will endeavor to get back to you as soon as possible.

The Society will contact you to make payment of the $27.50 notification fee when your documents are approved for filing. Once the Society has approved your forms you can file your application via CourtSA and pay the admission fee to the Court. This process must be completed prior to the application cut-off date in order for your application to be considered by the Board of Examiners at the next relevant meeting. If you require assistance in lodging your application please go to the CourtSA Help Centre for information about using CourtSA.

Board of Examiners and Hearing

Pursuant to Rule 257.5 the Society will refer your filed application and affidavit to the Board of Examiners for its report and recommendation.

Pursuant to Rule 257.8, where the Board has provided a report recommending admission, the Court will list the application for hearing. The Registrar of the Supreme Court will provide you with notice of the hearing and information on the process. You must attend the hearing in person unless exempted by the Court. If you wish to apply for exemption from attending the hearing you must file a request to the Registrar in accordance with Rule 13.2(5) (Form 76) at least 14 days before the hearing or on the Court’s own initiative.

Signing the Roll

If the Court orders that an applicant be admitted, the applicant will be enrolled as a solicitor and barrister of the Court upon signing the Roll of Practitioners. If you are present at the admission hearing you will sign the Roll then. Otherwise, you will be sent a Supplementary Roll of Practitioners sheet for swearing and execution and return to the Court.

Contact a Volunteer to Move your Admission

For assistance when accessing counsel to move your admission you may like to contact a member of the Society's Young Lawyers' Support Group by clicking here, or do a barrister search of the SA Bar Association website at https://sabar.org.au/.

Who can move your Admission

A practitioner admitted anywhere in Australia can move your admission, they do not need to hold a current practising certificate to do so.

Robe Hire

To hire robes for the person moving your admission please email Click here for information about how to apply to the Society for a practising certificate.

Pursuant to the Mutual Recognition (South Australia) Act 1993 and the Trans-Tasman Mutual Recognition Act 1997 (Cth), practitioners who have been admitted to practice interstate or in New Zealand can apply to the Supreme Court of South Australia for recognition of their right to practice in the other jurisdiction/s and admission to the Supreme Court of South Australia.

The processes are provided for in Part 8 of the Uniform Civil Rules 2020 and in the Prescribed Forms. Rule 258.3 provides that applications under the Mutual Recognition Legislation must be instituted by filing an Originating Application in accordance with rule 82.1 (Form 7B), and a supporting statutory declaration (Form 13A). On the Form 13A please ensure that you keep paragraph 1 on the first page and move paragraph 2 onto the second page with the signing clause in accordance with Uniform Civil Rule 31.7(5)(c).

Uniform Civil Rule 31.7(5) provides as follows:

(5) The signing clause of an affidavit or statutory declaration must—

(a) subject to subrules (6) and (7), be signed by the deponent or, if there are multiple deponents, each deponent;

(b) show the name, qualification and address of and be signed by the attesting witness; and

(c) follow immediately on from the text of the affidavit (not on a separate page).

The application must be accompanied by copies, certified by the attesting witness to the statutory declaration, of;

• an instrument evidencing the applicant’s existing registration in the first jurisdiction, (admission Certificate where the applicant was first admitted) plus;
• a certificate of fitness or good standing in the applicant’s first jurisdiction and any other jurisdiction (including Overseas) in which the applicant is admitted or registered under the Mutual Recognition Legislation, (certificates are only valid for 28 days, you will need to speak with the relevant bodies to ensure this is timed in conjunction with the Board of Examiners meeting) plus;
• Applicants admitted as a Barrister in New South Wales must also provide a Certificate of Fitness from the NSW Bar Council.
• A driver’s licence, passport or birth certificate as evidence of identity.
• A copy of the applicants current practising certificate (if applicable).

The application and supporting documents must be filed electronically through CourtSA. Go to the CourtSA Help Centre for information about using CourtSA. It is recommended that a draft application is sent to ethicsandpractice@lawsocietysa.asn.au for checking before filing with CourtSA to ensure the application is correct.

The filed application will then be transmitted by the Court to the Society for referral to the Board of Examiners for its determination under rule 258.4(1) and rule 258.4(2).

If the application is for recognition of both admission and a current practising certificate the Board will determine whether admission and a practising certificate (and the appropriate category) are granted. The Society will then issue a practising certificate in accordance with the Board’s determination after receipt of an application in the standard form and payment of the relevant fee.

If the applicant does not hold a current practising certificate interstate or in New Zealand the Board will only determine whether admission is to be granted. The applicant will need to apply to the Society for a practising certificate in the usual way before being entitled to practise in South Australia. On payment of the relevant fee the applicant will be issued with a Category C (restricted) practising certificate subject to the supervised practice requirements in the 2018 LPEAC Rules. Applicants who have completed the required period of supervised practice can then apply separately to the Board for this restriction to be lifted.

Click here for information about how to apply to the Society for a practising certificate and information about supervised practice and having that restriction lifted

Please note that you are not permitted to practice in SA on an interstate practising certificate (PC). Section 21(1) of the Legal Practitioners Act 1981 provides that one cannot practise in SA unless one holds an SA PC (or falls within the definition of “interstate practitioner”). There are some exceptions to this which include Commonwealth employees who are exempted from compliance with State PC requirements by statute.

When the Board of Examiners has determined that an applicant be registered, the applicant will be admitted and enrolled as a solicitor and barrister of the Court upon signing the Roll of Practitioners in accordance with rule 257.10. If an applicant fails to sign the Roll of Practitioners within 12 months after the order for admission, the order lapses.

Certificates of Admission are issued by the Supreme Court and not kept by the Society. Please contact the Supreme Court Civil Registry on (08) 8204 0289 if you wish to obtain a copy.

For practitioners who have obtained registration to SA via Mutual Recognition, Certificates of Admission or Registration are not issued. If you wish to obtain some evidence of registration, please contact the Supreme Court Civil Registry on (08) 8204 0289 and request a 'Registrar's Certificate'.

To obtain an Evidentiary Certificate please email ethicsandpractice@lawsocietysa.asn.auwith the following information

• Your full name and date of birth.
• The name of the authority and email address of department requesting the certificate. Originals will be emailed to the authority and you will be cc'd.
• The reason for the certificate i.e. to obtain a practising certificate in XXX.
• Your best contact number.

Fees are $80.00 for Law Society Members or $100.00 non-Law Society Members, payable up front by telephone (Visa or Mastercard, Amex not accepted).

Please allow 5 business days for issue of the Evidentiary Certificate.

Practitioners who have been admitted overseas, or who have not been admitted overseas but hold qualifications obtained outside Australia which are recognised as qualifying them to be admitted in an overseas jurisdiction, may apply to the Board of Examiners (Board) pursuant to Part 4 of the Rules of the Legal Practitioners Education and Admissions Council 2018 (2018 LPEAC Rules) for a direction as to what additional (if any) academic, practical and English language requirements must be complied with in order to satisfy the requirements for admission in South Australia.

To view the 2018 LPEAC Rules please go to the Courts Admission Authority website by clicking here.

The procedure for applications pursuant to Part 4 of the 2018 LPEAC Rules involves the following three-step process:

1. Assessment of overseas qualifications and experience.
2. Preparation of an application to the Board of Examiners.
3. Submission of application to Board of Examiners.

Assessment of Overseas Qualifications and Experience

Assessments for South Australian applicants are provided by the Victorian Legal Admissions Board (VLAB) in accordance with the Law Admissions Consultative Committee’s Uniform Principles for Assessing Overseas Qualifications which are here. Applications for assessment are made by applicants direct to VLAB.

To make the application to VLAB you will need to create an account for a foreign lawyer (if admitted overseas) OR foreign graduate assessment (if not admitted overseas) through the VLAB portal at www.lawadmissions.vic.gov.au/online-applications.

The portal will tell you what documents you need to upload for the purpose of the assessment. You will need to obtain certified copies of original documents such as official transcripts and graduation certificates for this purpose. Please do not provide any documents at this stage to the Society.

VLAB will charge applicants the following assessment fees:

• $320 for the assessment of overseas academic qualifications, and
• $320 for the assessment of overseas practical legal qualifications.

It can take up to 14 weeks for VLAB to complete its assessment. When it has done so it will email the assessment to the Society. We will inform you as soon as we have received the assessment report from VLAB so you can commence on the next step of the process.

Preparation of Application to the Board of Examiners

The LPEAC Rule 4 application must include the content required by LPEAC Rule 4. The application comprises:

• Your Statutory Declaration.
• Annexures.

If you have not been admitted to practise in an overseas jurisdiction, your statutory declaration needs to refer to the following:

• The nature and details of your academic and practical qualifications and experience.
• Evidence that you have the academic and practical qualifications relied on (you will need to annex authenticated documentary evidence of this).
• Whether you have applied for admission in any other Australian jurisdiction and the result of any such application.

If you have been admitted to practise overseas your statutory declaration needs to refer to the following:

• The nature and details of your academic qualifications and practical qualifications and experience.
• Evidence that you have the academic and practical qualifications relied on (you will need to annex authenticated documentary evidence of this).
• Evidence of your admission in the overseas jurisdiction.
• That you are currently admitted and entitled to practise in the overseas jurisdiction, have not at any stage been struck off the roll of practitioners or otherwise suspended from practice and are not presently subject to disciplinary inquiry or proceedings.
• The nature, range, duration and character of your practice in the overseas jurisdiction.
• Whether you have applied for such a direction or for admission in any other Australian jurisdiction and the result of any such application.

All statutory declarations also need to include reference to the following:

• Evidence of identity.
• Independent evidence that you are the person who has obtained the qualifications relied upon. A notarised certification from the tertiary institution or professional body which has awarded or conferred the qualification, which identifies you by reference to your passport (including the passport number and country of issue) will comply with this requirement.
• If admitted overseas, two statutory declarations (or the overseas equivalent), from legal practitioners in that jurisdiction who have known you for at least two years and who have been admitted in that jurisdiction for not less than 5 years, attesting to your good character and fitness to be admitted.
• If not admitted overseas, two statutory declarations (or the overseas equivalent) from persons of good repute who have known you for at least 5 years, attesting to your good character. A person with good repute is someone with good standing in your community but should not be related to you in any way.
• A syllabus or other document describing course details and coverage issued by the body which has awarded the qualifications relied on.
• A record of the academic and practical subjects completed showing the year in which they were completed and the grade achieved by you for each subject.
• Whether your first language is English.

If you have not been admitted overseas please click here for a template Statutory Declaration for Not Admitted Applicants.

If you have been admitted overseas please click here for a template Statutory Declaration for Admitted Applicants.

When you have completed the relevant documents, we advise that you can email them (and all annexures) to ethicsandpractice@lawsocietysa.asn.au for checking before you have the statutory declaration executed.

The Board’s Decision

When it has considered your application, the Board will make directions about what academic, practical and English language qualifications you will need to complete before being entitled to apply for admission in South Australia. The Board takes into consideration the assessment advice provided by VLAB for this purpose but is not bound to follow that advice.

All overseas applicants should expect to complete some academic and/or practical qualifications before being entitled to apply for admission. Many overseas applicants, especially those from countries with very different legal systems to Australia’s, will be required to complete academic subjects in all areas of knowledge referred to in Appendix A of the LPEAC Rules, and practical subjects in all areas of knowledge referred to in Appendix B of the LPEAC Rules.

All overseas applicants whose first language is not English should expect to be required to complete IELTS testing to the required level of competency.

The Board will tell you the time period within which you need to complete the requirements and apply for admission. You will need to apply to the Board for an extension of time if you will not be able to complete the requirements within that time period.

Application for Admission

When you have completed all the academic, practical and English language requirements you can apply for admission in South Australia as a local or original applicant.

Compliance with the direction of the Board pursuant to LPEAC Rule 4 does not guarantee that you will be admitted. The admission process requires you to demonstrate that you are fit to practice and are of good fame and character. If the Board or the Court decides that you are not fit to practice you will not be admitted.

Contact details

If you have any questions please send an email to ethicsandpractice@lawsocietysa.asn.au at first instance. Your query will be responded to by email or phone usually within 32 hours of its receipt.

LPEAC Rules 2018

7              Academic requirements

(1)          The academic requirement for admission is the successful completion of a tertiary academic course in Australia, whether or not leading to a degree in law–

(a)          which includes the equivalent of at least 3 years full-time study in law; and

(b)          which, in the opinion of LPEAC, requires a satisfactory level of understanding and knowledge in the areas of knowledge referred to in Appendix A.

(2)          The following academic qualifications are taken to satisfy the requirements of this rule:

(a)          Bachelor of Laws of the University of Adelaide;

(b)          Bachelor of Laws or Bachelor of Laws and Legal Practice or the Juris Doctor of the Flinders University;

(c)           Bachelor of Laws of the University of South Australia.

(3)          Subsection (2) does not apply in relation to a particular qualification if LPEAC determines that the qualification no longer provides a satisfactory level of understanding and competence in the areas of knowledge referred to in Appendix A.

(4)          If an applicant has completed a requirement under a preceding subrule more than 5 years before applying for admission, LPEAC may, after assessing the applicant’s academic qualifications, require the applicant either or both to undertake further academic studies and to pass such further examinations as LPEAC may determine.

If you have an interstate academic degree you will need to apply to the Board of Examiners for a determination that it satisfies the academic requirements for admission in South Australia. Your application will include the following:

·         A covering letter addressed to the Board of Examiners requesting approval of your interstate qualification.

·         A certified copy of your official academic transcript.

·         A letter(s) from the Dean of the Law School at which you obtained your degree confirming that the degree:

o   requires completion of all of the compulsory academic subjects required for admission in Australia (the “Priestley 11”); and

o   satisfies the academic requirements for admission in that State.

*Please note that if you completed a Bachelor of Laws from the University of Melbourne you also must provide a Student Conduct Report ask.unimelb: FAQ / Ordering Student Conduct Reports

The application can be scanned and emailed to ethicsandpractice@lawsocietysa.asn.au

If the Board grants approval you will be sent an email confirmation that can be provided to your Practical Legal Training (PLT) institution. You must also retain a copy of the email to annex to your Local Admission application.

Please note that persons who have completed their Practical Legal Training (PLT/GDLP) interstate are not eligible to apply for first admission in SA. In order to be eligible the applicant must have completed their PLT with an approved provider pursuant to Rule 8 of the LPEAC Rules. For more information please go to our Admissions webpage at; https://www.lawsocietysa.asn.au/Public/Lawyers/Admission_to_Practice.aspx and read the information under the heading Interstate Practical Legal Training (PLT).

Persons who have completed their Practical Legal Training (PLT/GDLP) interstate are not eligible to apply for first admission in SA. In order to be eligible the applicant must have completed their PLT with an approved provider pursuant to Rule 8 of the LPEAC Rules as follows;

8 Practical requirements

(1) The practical requirement for admission is–

(a) the successful completion of a course of study commenced in accordance with the requirements of Appendix B and which, in the opinion of LPEAC, requires understanding and competence in the knowledge, values and skills, in each of the practice areas set out in that Appendix at the level of proficiency prescribed by that Appendix; or

(b) the successful completion of–

(i) the course of study leading to the grant of the Graduate Diploma in Legal Practice of the University of Adelaide and the Law Society of South Australia; or

(ii) the degree of Bachelor of Laws and Legal Practice of the Flinders University; or

(iii) the course of study provided by the College of Law Limited known as the South Australian PLT Program; or

(iv) the course of study leading to the grant of the Graduate Diploma in Legal Practice of the Flinders University,

If you complete your PLT with an interstate provider you will need to apply for first admission interstate. Once you have been admitted interstate if you wish to be registered to practice in SA you would then need to apply to the SA Board of Examiners for Mutual Recognition of your interstate admission. This process is outlined on our Admission webpage under Mutual Recognition of Interstate and New Zealand Admission.