From the President

“The level of competence among practitioners who appear before the courts is sustained by professional structures, especially by the professional and financial independence of barristers who continue to perform most of the work of advocacy. That independence is conducive to the discharge of the advocate’s duty to the court on which the efficient disposition of cases depends. However, a recently emerging phenomenon occasions some misgiving. Some advocates have assumed the role of public relations officers for their clients, making their client’s case to the media and offering comment on the court’s judgment That role is inconsistent with the advocate’s duty to the court. The court can have no confidence that such an advocate will fairly and candidly assist the court on both fact and law. And the accolade or lament that the advocate presumes to express about the court’s judgment belittles the court’s authority. It is commendable for advocates to provide journalists with information to assist in the accurate reporting of a case, so far as the material is on the public record, but if court proceedings were the postscript or the prelude to counsel’s media release or court door interview, the courtroom becomes a mere backdrop to counsel’s media performance.”

(i) copies of pleadings or court documents in their current form, which have been filed and which have been served in accordance with the court’s requirements;

(ii) copies of affidavits or witness statements, which have been read, tendered or verified in open court, clearly marked so as to show any parts which have not been read, tendered or verified or which have been disallowed on objection;

(iii) copies of transcript of evidence given in open court, if permitted by copyright and clearly marked so as to show any corrections agreed by the other parties or directed by the court;

(iv) copies of exhibits admitted in open court and without restriction on access;

(v) answers to unsolicited questions concerning the current proceeding and the answers are limited to information as to the identity of the parties or of any witness already called, the nature of the issues in the case, the nature of the orders made or judgment given including any reasons given by the court and the client’s intentions as to any further steps in the case;

(vi) copies of submissions used in open Court and available to the parties, provided that where the barrister is engaged in the current proceeding, the barrister does so only with the consent of the client first obtained.

(i) is inaccurate;

(ii) discloses any confidential information;

(iii) appears to or does express the opinion of the barrister on the merits of the current or potential proceeding or on any issue arising in the proceeding, other than in the course of genuine educational or academic discussion on matters of law.

CHANGES TO PUPILLAGE AND THE MEANING OF  ‘COURT ORIENTED WORK’ 

1.8.1 a condition requiring the holder to undertake and complete to the satisfaction of the Bar Council a full-time component or other component of the Bar Practice Course applicable to the holder and determined or approved by the Bar Council;

1.8.2 a condition requiring the holder to sit for and pass any examination set by the Bar Council as part of the Bar Practice Course or as a requirement for entry to the Bar Practice Course;

1.8.3 a condition requiring the holder to undertake pupillage in accordance with Part 3 of these Rules.

1.8.4 a condition limiting the holder from engaging in legal practice other than as a government legal officer engaged in government legal work;

1.8.5 a condition limiting the holder from engaging in legal practice other than as an employee of a corporation engaged in providing in-house legal services;

1.8.6 a condition requiring the holder to undertake and complete one or more courses of Continuing Professional Development;

1.8.7 a condition requiring the holder to undertake additional academic or training courses;

1.8.8 a condition requiring the holder to maintain during the currency of the practising certificate professional indemnity insurance that complies with the Act;

1.8.9 a condition restricting the holder to particular conditions concerning employment or supervision;

1.8.11 a condition limiting the holder to supervised legal practice in the way stated in the condition;

1.8.12 any other condition agreed to by the holder;

1.8.13 any other reasonable and relevant condition that the Bar Council may from time-to-time determine.

(i) the barrister’s previous experience as counsel;

(ii) the barrister’s age, education, qualifications and legal experience.

(a) arranging two masters as required by these Rules;

(b) completing and signing the Register of pupils; and

(c) being issued with a practising certificate.

3.3.1 The Bar Association shall cause to be kept a Register (which may be in electronic form) of pupils and the masters nominated by them. The Register shall be completed and signed by the pupil before commencing private practice.

3.3.2 The completion and currency of the Register shall be the responsibility of a pupil.

3.4.1 A pupil shall have two masters: a senior master, being Senior Counsel, and a junior master, being a junior barrister of not less than five years’ standing in actual practice.

3.4.2 A senior master may not have more than three pupils at any one time.

3.4.3 Unless the Chief Executive grants approval in writing, a junior master may not have more than one pupil at any one time.

3.4.4 If a pupil is unable to nominate any necessary master, then the Chief Executive of the Bar Association must be informed by the pupil, so that the Chief Executive might make a nomination on behalf of that pupil.

3.4.5 Upon the request of a master or pupil and with the written consent of the Chief Executive of the Bar Association, a pupil may change a master or masters, and any such change shall be recorded in the Register and shall not affect the period of pupillage already completed by the Pupil.

3.4.6 In the event that a master shall not be accessible to a pupil for more than one month during the year of pupillage, then that master shall arrange for the pupil to have access to another master of appropriate experience. The pupil shall, as soon as possible, inform the Chief Executive of the Bar Association in writing of the arrangement made.

3.4.7 Insofar as it is practicable, masters are encouraged to have their pupils devil for them.

3.5.1 In this section “Court orientated work” means conferences or other preparation for a hearing and actual court or tribunal attendances.

3.5.2 A pupil must meet with each of their pupil masters within two weeks of the pupil commencing pupillage so as to plan and commit to the pupillage year (‘the initial meeting’);

3.5.3 At the initial meeting, the pupil and masters must plan for the pupil to meet with either the senior or junior master at least once a month to discuss the pupil’s progress at the Bar (‘the monthly review’);

3.5.4 Within two weeks of the initial meeting, the pupil must give written notice to the Chief Executive (copied to both masters) that the initial meeting has occurred;

3.5.5 If the initial meeting does not occur within four weeks of the pupil commencing pupillage, the pupil must write to the Chief Executive (copied to both masters) giving reasons why and stating when the initial meeting is to take place.

3.5.6 At each monthly review, the pupil must inform the senior or junior master:-

3.5.7 In the first six months of pupillage:

3.5.8 In the second six months of pupilage, the pupil must undertake a minimum of twenty hours court orientated work (at least ten hours of which must comprise actual court or tribunal attendances).

3.5.9 At any time during pupillage, the senior master (in consultation with the junior master), may by notice in writing to the pupil and the Chief Executive, increase (by a factor of up to 50%) the remaining hours of court orientated work the pupil still has to complete. The senior master’s decision to so act must be based on his or her belief that the pupil requires more intensive training. The pupil may request the decision to be reviewed by the Bar Council.

3.5.10 The senior or junior master must report to the Chief Executive in writing (with a copy to the pupil) any persistent or inexcusable non-compliance by the pupil with these Rules. The Chief Executive must refer such report to the Bar Council.

3.5.11 A pupil must perform such practical exercises, attend lectures or seminars and participate in such exercises or activities as the Bar Association shall from time to time direct.

3.5.12 Masters must make themselves available (as is practicably possible) to enable their pupil to obtain assistance from them as required.

3.5.13 A pupil must attend any CPD events directed by the Bar Association from time to time (whether those CPD events are part of or in addition to the annual mandatory CPD requirements referred to in rule 4.3).

3.5.14 A pupil will not receive any fee in respect of anything done with respect to the the matters set out in 3.5.2-3.5.13.

3.5.15 Each pupil shall:

Attendance at Court

3.5.16 A pupil shall be entitled to attend with a master when the master appears in court.

3.5.17 The pupil shall be entitled to sit at the Bar table with the master.

3.5.18 On any such occasion the pupil shall be robed but will not have an appearance announced, nor take part in the case, nor charge any fee.

3.5.19 The master shall announce to the Court as a matter of courtesy the presence of the pupil at the Bar table.

Completion of Pupillage

3.5.20 The satisfactory completion of pupillage shall be a personal obligation upon a barrister.

3.5.21 Failure of a pupil without reasonable cause to perform the duties of pupillage including such additional requirements as the Bar Council may from time-to-time direct in lieu of requirements not performed in the currency of pupillage to the satisfaction of the Council shall constitute misconduct in a professional respect.

3.5.22 Upon conclusion of the nominal twelve month period of pupillage, the pupil must give written notice to the Chief Executive (copied to both masters) that he or she, to the best of their belief, has complied with the requirements of pupillage as set out in these Rules.

3.5.23 Each master, upon receipt of the pupil’s written notice mentioned in Rule 3.5.22, must forthwith certify in writing to the Chief Executive (copied to the pupil) whether or not the pupil, to his or her satisfaction, has undertaken pupillage as required by these Rules.

3.5.24 The Bar Council may, on terms it sees fit, extend the twelve month period of pupillage if:

(a) a senior master has given notice pursuant to clause 3.5.9;

(b) there is an unfavourable certification by either master; or

(c) the Bar Council in its discretion thinks that the period of pupilage should be extended for any reason.

Administration and Exemptions

3.5.25 The Bar Council (or a nominated sub-committee), shall have responsibility for the implementation and supervision of the Pupillage Rules.

3.5.26 The Bar Council may exempt a barrister from full or part compliance with the Pupillage Rules, upon such conditions as it shall think fit. It shall have regard to all relevant circumstances, including:

(i) the barrister’s previous experience in performing barrister’s work;

(ii) the barrister’s age, education, qualifications and legal experience;

(iii) the nature of the barrister’s work.

3.5.27 Rules 3.2.1, 3.2.2, 3.5.1 to 3.5.10, 3.5.15, 3.5.22, 3.5.23 and 3.5.24 only apply to pupillage commenced by a barrister on or after 1 July 2010. Rules 3.5.17 and 3.5.18 (as in force prior to the amendments made to these Rules on 31 May 2010 continue to apply to a barrister who commenced pupillage prior to 1 July 2010 (see schedule 7 to these Rules which contains the previous Rules 3.5.17 and 3.5.18).

(a) be known as the Continuing Professional Development Rules,

(b) come into operation on 1st July 2004, and

(c) apply to all barristers from 1st July 2004.

(a) Subject to sub-paragraph (b), any barrister to whom these Rules apply must accrue a minimum of 10 CPD points during each CPD year.

(b) Subject to Rules 4.20 and 4.21 a barrister who first obtains a practising certificate,or returns to practice and obtains a practising certificate, after 1 May in any CPD year must accrue a minimum number of CPD points in accordance with schedule 4.

(c) A barrister who has not accrued the minimum CPD points requirement in a CPD year may, only with the prior written approval of the Chief Executive, accrue points in the period 1 April to 30 June following that CPD year. Any such points cannot be taken into account for any other CPD year.

(d) Each year a barrister must accrue:

(i) Advocacy

(a) attendance or teaching at CPD events organised by or on behalf of the Bar or accredited by the CPD Committee,

(b) engaging in such other forms of professional development (eg, undertaking a post-graduate course at a university) as are approved by the CPD Committee.

(a) the nature, content and format of particular courses and other activities which may be undertaken by barristers in order to satisfy the mandatory requirements;

(b) the minimum number of CPD points which must be accrued in each CPD year in particular areas of practice or study.

(a) may vary the minimum number of CPD points which must be completed in order to satisfy any of the mandatory requirements,

(b) may impose a condition on a practising certificate which requires a barrister, or class of barristers, to undertake a specific type of CPD, and

(c) may issue guidelines on the application of these rules; and

(d) may vary the CPD rules from time-to-time.

(a) is an accredited CPD event for the purposes of these Rules; and

(b) that participation in the particular event will entitle a barrister to accrue a specified number of CPD points.

(a) of significant intellectual or practical content and deal primarily with matters related directly to the law or the practice of a barrister,

(b) conducted by persons who are qualified by academic or practical experience in the subject or subjects covered, and

(c) relevant to a barrister’s professional development.

(a) of significant intellectual or practical content and deals primarily with matters related directly to the law or the practice of a barrister,

(b) conducted by persons who are qualified by academic or practical experience in the subject or subjects covered,

(c) relevant to a barrister’s professional development.

(a) Every barrister to whom these Rules apply shall keep a record of his or her performance of the mandatory requirements in the form set out in schedule 5.

(b) Every barrister to whom these Rules apply shall forward to the Association, a copy of that CPD record within 14 days of the conclusion of the CPD year.

be submitted in writing to the CPD Committee,

be made as early as possible and, except in special circumstances, not less than two months before the end of the CPD year to which it relates,

set out the grounds on which the dispensation is sought (e.g. maternity/paternity leave, lengthy illness, lengthy interstate trial, etc);

include any other material which is considered by the barrister to be relevant.

the Bar Council may refuse to renew the barrister’s practising certificate, and