Table of Contents

Terms of Reference

Participants

1. INTRODUCTION

ORIGIN OF THIS REFERENCE

BACKGROUND

The position under the Legal Practitioners Act 1898 (NSW)

The origin position under the Legal Profession Act 1987 (NSW)

The Bar Association's request for further powers

The effect of the Legal Profession (Practising Certificates)

Amendment Act 1992 (NSW)

2. PRACTICING AS A BARRISTER AND SOLICITOR IN NEW SOUTH WALES

INTRODUCTION

ENTRY INTO PRACTICE AS A BARRISTER

The Pupillage and Reading Program

Attendance or satisfactory completion?

The applicable conditions

The choice of tutor issue

The Bar Council's exercise of power to date

ENTRY INTO PRACTICE AS A SOLICITOR

The effect of s 33 of the LPA

The operation of s 35(2)(c) of the LPA

THE ISSUE OF RESTRICTIVE PRACTICES AND CONCLUSIONS OF THE LPC

3. CONCLUSIONS AND RECOMMENDATIONS

Matters for further consideration

Appendix A: Legal Profession (Practising Certificates) Amendment Act 1992 No. 93

Appendix B: Practise Requirements in Other Australian States and Territories and the United Kingdom

Appendix C: Summary of the Conditions and Restrictions that may be imposed on a Solititor's practising Certificate