LAW 1501 Lecture Notes - Lecture 7: Academic Dishonesty, General Jurisdiction, Larceny
Cases/ Acts
About Legal Practitioner Act
Legal Practitioners Act 1981 (SA)
s 15 Entitlement to admission
(1) A person who satisfies the Supreme Court—
(a) that he or she is of good character; and
(c) that— (i) he or she has complied with—
(A) the rules of the Supreme Court relating to the admission of barristers and solicitors of
the Supreme Court; and
(B) the rules made by LPEAC under this Act prescribing the qualifications for admission as a
barrister and solicitor of the Supreme Court; or
(ii) insofar as there has been non-compliance with those rules, he or she should be
exempted from such compliance ...
is entitled to be admitted and enrolled as a barrister and solicitor of the Supreme Court.
There are also educational requirements included.
Character test
•A Board of Eaiers is estalished uder Legal Pratitioers At 11 SA s 14I.
•Its futio is to osider appliatios for adissio ad to ertif to the Supree Court
that an applicant meets all the requirements of the Admission Rules.
Roles of the supreme court
Role of Supreme court in Admission
•Power to admit persons to practise in each jurisdiction resides in the Supreme court
•The Court has an inherent(essential) power to admit and remove legal practitioners as part
of its general jurisdiction to control officers of the Court- Charter of Justice 1823 (UK)
Candour (Honesty /Straightforwardness)
•Candour in the application is critical and failure to reveal issue(s) relating to fitness to
practise may prevent admission.
•Re Davis (1947) 75 CLR 409, 416
- The failure to reveal convictions for breaking and entering 12 years earlier were
grounds for striking off Davis.
•Matters i the past that a e haraterised as outhful idisretios a ore easil e
set to one side.
What must be disclosed to the board.
•Any criminal charges, guilty findings or convictions
•Being of good character
•Meeting educational requirements
•Past or present bankruptcy
•Any findings of academic dishonesty
Supreme Court for Admission as a Legal Practitioner
[2004] SASC 426
Doyle CJ, Perry, Debelle and White JJ
16 July, 17 December 2004
Summary:
About a guy who was wanted to be admitted as a legal practitioner. The applicant disclosed
two matters: first that, in July 1993 he pleaded guilty to a charge of larceny (for shoplifting)
committed in May 1993. No conviction was recorded. Secondly, he disclosed that in
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Candour (honesty /straightforwardness: candour in the application is critical and failure to reveal issue(s) relating to fitness to practise may prevent admission, re davis (1947) 75 clr 409, 416. The failure to reveal convictions for breaking and entering 12 years earlier were grounds for striking off davis: matters i(cid:374) the past that (cid:272)a(cid:374) (cid:271)e (cid:272)hara(cid:272)terised as (cid:858)(cid:455)outhful i(cid:374)dis(cid:272)retio(cid:374)s(cid:859) (cid:373)a(cid:455) (cid:373)ore easil(cid:455) (cid:271)e set to one side. What must be disclosed to the board: any criminal charges, guilty findings or convictions, being of good character, meeting educational requirements, past or present bankruptcy, any findings of academic dishonesty. Supreme court for admission as a legal practitioner. About a guy who was wanted to be admitted as a legal practitioner. The applicant disclosed two matters: first that, in july 1993 he pleaded guilty to a charge of larceny (for shoplifting) committed in may 1993.
