Guidelines for admission under the TTMRA

-
If you are a lawyer holding a current practicing certificate in an Australian state or territory and seek to practice in New Zealand you must follow a two-step process under the Trans-Tasman Mutual Recognition Act 1997(TTMRA). The first step is admission as a barrister and solicitor in the High Court. It is not possible in New Zealand to be admitted only as a barrister or only as a solicitor. You will be admitted as both, but will hold a practicing certificate either as a barrister or as a barrister and solicitor. Check the Trans-Tasman Mutual Recognition Admission Regulations 2008 on the New Zealand Council of Legal Education website at www.nzcle.org.nz. The second step is the issuing of a practicing certificate by the New Zealand Law Society (NZLS). Both High Court Registrars and the Society are registration authorities under the TTMRA. Admission as a barrister and solicitor of the High Court of New Zealand. There are 19 High Court registries in New Zealand. Choose one – the three largest are Auckland, Wellington and Christchurch.
To start the process you need to file the following: 

-notice in duplicate to the Registrar under s19 of the TTMRA

-statutory declaration in terms of s19 (3) (c) of the TTMRA

-affidavit in support of notice. 

-Refer to the TTMRA Regulations 2008 on the NZ Council of Legal Education site - Schedules 1 and 2.

You must also file: 

-originating application for admission Form LA4 - refer rule 7 of the Lawyers and Conveyancers Act (Lawyers: Admission) Rules 2008

-application fee - refer to the High Court Fees Regulations 2001

-order for admission Form LA5 in triplicate 

-Admission can be in person or on the papers (see rule 8(3) of the LCA (Lawyers: Admission) Rules 2008). Advise the Registrar which option you prefer. 

-Application for a practising certificate

Once you have been admitted, apply to the NZLS for a practising certificate. This must be for an 'equivalent occupation' to that which you practise in Australia. A chart on equivalency of occupations is in Schedule 3 of the TTMRA Regulations 2008. This shows whether you may practise as a barrister or as a barrister and solicitor.


Your application must include: 

-completed application for a practising certificate
-certified copy of your order for admission in New Zealand 
-original or certified copy of your current Australian practising certificate/s 

original certificate of standing, less than three months old, from the regulator (generally a law society or bar association) in each Australian jurisdiction in which you have been admitted relevant practising fees and levies. The practising year runs from 1 July to 30 June. Contact the Society'sRegistry or phone 0800 22 30 30 to establish how much you will be required to pay for a part-year. 

Once you have submitted your application, you are deemed to be registered and you are entitled to practise the 'equivalent occupation', pending the NZLS decision and payment. Your deemed registration will cease, however, if the NZLS cancels or suspends it, or if you cease to hold a current practising certificate in any Australian jurisdiction.

The NZLS will consider your application on the papers. It may make further inquiries but must, within one month, decide whether to grant, grant conditionally, postpone (for up to six months) or refuse the grant of a practising certificate.

You will receive notice of the decision in writing. If your application is refused or postponed reasons will be given and you will be entitled to apply to the Trans-Tasman Occupations Tribunal for a review of that decision.

Note: When practising as a lawyer in New Zealand, whether you are deemed to be registered here or hold a New Zealand practising certificate, you are subject to the Lawyers and Conveyancers Act 2006 and theregulations and rules made under it.









Copy and Paste from: www.nzcle.org.nz.

Comments

Post a Comment

Popular posts from this blog

Black is Beauty by Golam Maruf Majumder

-
Image
Copyright Notice (UK), © Golam Maruf Majumder, 2009-2035. All Rights reserved. This photograph is the original work of Golam Maruf Majumder and is protected under the Copyright, Designs and Patents Act 1988 (United Kingdom) and applicable international copyright laws. The copyright owner retains exclusive rights to this image, including but not limited to the rights to: reproduce the image in any form, distribute copies, display or publish the image, create derivative works, license or commercially exploit the image. Unauthorised use, copying, reproduction, modification, distribution, publication, transmission, or display of this image—whether in whole or in part—without the prior written permission of the copyright holder is strictly prohibited and may result in legal action. This protection applies to all forms of use, including but not limited to: online platforms and social media, print publications, commercial, editorial, or promotional materials, AI training, data scraping, or a...
Read more

Ethical viewpoint: Lawyers having sexual relationship with their clients

-
Image
It is one of the most vital issue of professional conduct and a sensitive one too. There is no specific provision in Legal Profession Act 2004 that has specific binding rule which prohibits sexual relations between lawyers and clients in Australia. I have discussed few important points in my presentation which are relevant and need to be discussed in this context. Though, there is no specific rule so I had to go through different case law and judge’s view on this topic. I have organized my presentation with different opinions and different view of couple of person who are involved in law arena for many years like Law Institute’s President Chris Dale, Attorney General Rob Hull, NSW Law Society’s former President, John Marsden and Social Worker Louise Akenson.  They gave their own view and logic on the alleged topic. Moreover I have given some example of some recent cases which involves client and lawyer’s relation and the approach taken by the court. Apart from Australia’s v...
Read more

My Photography & My Picture-1 [© Golam Maruf Majumder, 2010]

-
Image
  Copyright Notice (UK) © Golam Maruf Majumder, 2010 . All rights reserved. This photograph is the original work of Golam Maruf Majumder  and is protected under the Copyright, Designs and Patents Act 1988 (United Kingdom) and applicable international copyright laws. The copyright owner retains exclusive rights to this image, including but not limited to the rights to: reproduce the image in any form, distribute copies, display or publish the image, create derivative works, license or commercially exploit the image. Unauthorised use , copying, reproduction, modification, distribution, publication, transmission, or display of this image—whether in whole or in part— without the prior written permission of the copyright holder is strictly prohibited and may result in legal action. This protection applies to all forms of use, including but not limited to: online platforms and social media, print publications, commercial, editorial, or promotional m...
Read more