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Legal Practitioners Act 1973 - Legal Practitioners (Admission) Rules 1973

REPUBLIC OF NAURU

LEGAL PRACTITIONERS ACT 1973

LEGAL PRACTITIONERS (ADMISSION) RULES 1973

In exercise of the powers conferred on me by section 57 of the Legal Practitioners Act 1973, I hereby make the following Rules -

SHORT TITLE AND COMMENCEMENT

1. These Rules may be cited as the Legal Practitioners (Admission) Rules 1973 and being necessary for bringing the Act into force, shall come into operation on the 12th day of December, 1973.

APPLICATION FOR ADMISSION

2. (1) Application for admission to practice as a barrister and solicitor shall be by petition in accordance with Form No. LP/Ad/1 in the Schedule to these Rules.

(2) Application for admission to practice as a pleader shall be by petition in accordance with Form No. LP/Ad/2 in the Schedule to these Rules.

(3) The contents of a petition for admission to practice as a barrister and solicitor or as a pleader shall be verified by affidavit and accompanied by the certificate of the applicant's admission to practice or of his degree, as the case may be, referred to in the petition.

(4) A petition for admission to practice as a barrister and solicitor or as a pleader shall be lodged with the Registrar, together with a copy thereof. It may be lodged, but shall not be heard, before the Act comes into force.

NOTICE OF PETITION

3. Forthwith upon a petition for admission to practice as a barrister and solicitor or as a pleader being lodged with him the Registrar shall cause a notice of the petition in accordance with Form No LP/Ad/3 in the Schedule to these Rules to be affixed to the public notice board at the Court House at Yaren and to be published in the Gazette.

HEARING OF APPLICATION FOR ADMISSION

4. (1) The date of hearing an application for admission to practice as a barrister and solicitor or as a pleader shall be fixed by the Registrar, subject to any directions given by the Chef Justice.

(2) The date of hearing fixed under the preceding paragraph shall not be less than four weeks after the lodgment of the petition, unless the Chief Justice directs or authorises otherwise.

(3) In fixing the date of the hearing of any petition the Registrar shall take into account the requirement of section 9 or section 12 of the Act, as the case may be, that he make inquiries and submit to the Chief Justice a confidential report regarding the suitability or otherwise of the applicant for admission to practice as a barrister and solicitor or as a pleader.

(4) The Registrar shall give to an applicant reasonable notice of the date fixed for the hearing of his petition.

(5) An applicant for admission to practice as a barrister and solicitor shall, unless no barrister and solicitor is present in Nauru, be represented at the hearing by a barrister and solicitor and shall also if he is applying to be admitted to practise generally, attend in person.

(6) An applicant for admission to practice as a pleader shall, unless no barrister and solicitor is present in Nauru, be represented at the hearing by a barrister and solicitor and shall also attend in person.

(7) Where the Minister or the Registrar considers that any applicant should not be admitted to practice in accordance with his petition, the Secretary for Justice or the Registrar, as the case may be, shall be entitled to attend at the hearing and to state their objections and adduce affidavit evidence in support thereof.

APPLICATION BY A PLEADER FOR EXTENSION OF PERIOD OF ADMISSION

5. (1) Application by any person who has been admitted to practice as a pleader for an extension of the period of his admission shall be by petition in accordance with Form No. LP/Ad/4 in Schedule to these Rules.

(2) A petition for extension of the period of admission shall be lodged with the Registrar rot less than four weeks before the expiration of the period for which the applicant has been admitted to practice.

HEARING OF APPLICATION FOR EXTENSION

6. (1) Upon a petition for extension of a period of admission to practice as a pleader being lodged with the Registrar, he shall inform the Chef Justice of it in writing.

(2) Where the Chef Justice, whether from his own knowledge or from any reports which he may have required the Registrar or any magistrate to make under subsection (3) of section 13 of the Act, is satisfied that it is proper to extend the period of admission of any pleader, he may, if he thinks fit, grant such extension without hearing the petition therefor.

(3) Unless the Chief Justice grants an extension of the period of admission under the last preceding subsection, the Registrar shall fix a date for the hearing of the petition therefor and shall notify the applicant of the date.

(4) At the hearing of a petition the applicant for extension of the period of his admission as a pleader shall attend in person and may be represented by a barrister and solicitor but such representation shall not be necessary.

EXEMPTION FROM FORMALITIES PRESCRIBED BY SECTION 9 OF THE ACT

7. Where the Chief Justice exempts any person from complying with the formalities prescribed by section 9 of the Act, he may direct that any of the provisions of these Rules are not to apply to the application of that person for admission to practice as a barrister and solicitor.

MADE this 11th day of December, 1973

I. R. Thompson
Chief Justice

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SCHEDULE

FORMS

FORM LP/Ad/1

LEGAL PRACTITIONERS ACT 1973

LEGAL PRACTITIONERS (ADMISSION) RULES 1973

(Rule 2(1))

PETITION FOR ADMISSION TO PRACTICE AS A BARRISTER AND SOLICITOR

To the Chef Justice

I, ........................................................................................................... of ........................................ petition to be admitted to practise as barrister and solicitor.

I have attained the age of 21 years

+ I was on the ................................ day ............................... of.............19...... duly admitted as .................................................................. (as the case may be, see section 5(a) of the Act) in ............................................................ and to the best of my knowledge and belief remain a ......................................................... and have not done or omitted to do any act or thing which might cause me to be disqualified for remaining a ......................... in .............................................................. .

+ I hold the degree of .................. of................................................... University in law

+ I ordinarily reside in Nauru, having been resident in Nauru for a period of ..............., during the three years immediately prior to the date of this petition.

+ I am ordinarily resident in ...................................... but have signed an undertaking to establish an office*/chambers in Nauru where I shall attend and practise for not less than one month in every three months.

+ I am ordinarily resident in .............................................................................

My normal residential address is

The address at which I normally practise, or intend to practise, is ..............................

The certificate of my admission as a .............................. in ................................... ..........................................*/of my degree lodged herewith is an original and genuine document issued on the ............................................... day ............................... of .........................................., 19... by .................................................at ................................................ and I am the person named therein.

+ I have legal experience complying with section 6 of the Act as follows -

+ I have legal experience as follows-

and hereby apply for exemption under section 7 of the Act on the following grounds -

I seek admission as a barrister and solicitor under the Act to practise generally*/practice in respect of the following causes and matters, namely -

Reference may be made to ........................................................................... of ............................................. and ......................................................... of ................................... as to my character.

My address for service is ...............................................................................

Dated this ............... day of .............., 19...

Petitioner

+ Delete if not applicable
* Delete whichever is not applicable

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FORM LP/Ad/2

LEGAL PRACTITIONERS ACT 1973

LEGAL PRACTITIONERS (ADMISSION) RULES 1973

(Rule 2(2))

PETITION FOR ADMISSION TO PRACTICE AS A PLEADER

To the Chief Justice

I, ........................................................................................................ of ............................................................., petition to be admitted to practice as a pleader.

I am ordinarily resident in Nauru.

+ I have undergone training as follows -

+ I have passed the following examinations-

My normal residential address is .........................................................................

My address for service is ..................................................................................

Dated this .................. day of ............, 19......

Petitioner

+ Delete if not applicable

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FORM LP/Ad/3

LEGAL PRACTITIONERS ACT 1973

LEGAL PRACTITIONERS (ADMISSION) RULES 1973
(Rule 2 (2))

NOTICE OF APPLICATION FOR ADMISSION TO PRACTICE

Notice is hereby given that ................................................................................ of ......................................... has lodged a petition seeking admission to practice as a barrister and solicitor*/pleader.

Any person knowing any reason why the petition should not be granted may, within 14 days of the date of this notice, lodge with the Registrar of the Supreme Court at Yaren a written statement of the grounds of his objection.

Dated this ............... day of ..............., 19...

Registrar of the Supreme Court

*Delete whichever is not applicable

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FORM LP/Ad/4

LEGAL PRACTITIONERS ACT 1973

LEGAL PRACTITIONERS (ADMISSION) RULES 1973
(Rule 5(1))

APPLICATION FOR EXTENSION OF PERIOD OF ADMISSION

To the Chef Justice

I, ................................................ of .......................................................... having been admitted to practice as a pleader, petition for the period of my admission to be extended in accordance with section 13(2) of the Act.

I was admitted to practice as a pleader on this ................................................ day of .........................................., 19..., +and the period of my admission has been extended until the ..................... day of ............, 19...

I am ordinarily resident in Nauru at ....................................................

+ I have undergone training as follows -

+ I have passed the following examinations -

My normal residential address is..............................................................

My address for service is......................................................................

Dated this ................... day of ..............., 19....

Petitioner

+Delete if not applicable

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