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Legal Practitioners Act 1973 - Pleaders (Training and Examinations) Rules 1975

REPUBLIC OF NAURU


LEGAL PRACTITIONERS ACT 1973


PLEADERS (TRAINING AND EXAMINATIONS) RULES 1975


ARRANGEMENT OF RULES


Rule
1 Title
2 Training of pleaders
3 Examinations


First Schedule - Course of instruction in the law
Second Schedule - Examinations


__________


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


TITLE


1. These Rules may be cited as the Pleaders (Training and Examinations) Rules 1975.


TRAINING OF PLEADERS


2. (1) For the purposes of section 11 of the Act, the training which a person is required to have undergone in order to be qualified for admission as a pleader is the series of courses of instruction in the law which are specified in the First Schedule to these Rules.


(2) Where any person has participated in part but not the whole of any course of instruction, the Chief Justice shall determine, after consultation with the person who provided that course of instruction, whether such participation was sufficient for that first-mentioned person to be regarded as having undergone the training required for qualification for admission as a pleader.


EXAMINATIONS


3. For the purposes of section 11 of the Act, the examinations which a person is required to have passed in order to be qualified for admission as a pleader are those specified in the Second Schedule to these Rules:


Provided that, where any person who attended the course of instruction in any subject has been unable, for reasons beyond his control, to take the examination in that subject, the Chief Justice may exempt that person from the requirement of having passed that examination but, if he does so, shall require that person to pass another examination in that subject before the 1st January, 1977;


And provided that, where any person who has attended the course of instruction in any subject has taken the examination in that subject but has not passed it, the Chief Justice may exempt that person from the requirement of having passed that examination but he shall not so exempt any person who has previously failed to take, otherwise than for reasons beyond his control, or has previously taken but not passed, examinations in two subjects, and, if he exempts any such person from the requirement of having passed the examination in any subject, he shall require that person to pass another examination in that subject before the 1st January, 1977;


And provided further that, where any person has passed an examination set by a university in any country in any subject which is the subject of any of the examinations referred to in this paragraph, the Chief Justice, if he is satisfied that the standard required by that university for a pass in its examination is sufficiently high, may, upon proof of that person having passed the examination of that university, exempt him from having to pass, in respect of the subject of that examination, the examination referred to in this rule and, for the purposes of section 11, a person so exempted shall be deemed to have passed the said examination referred to in this paragraph.


Made this 19th day of November, 1975.


I. R. Thompson,
Chief Justice.


______


FIRST SCHEDULE
(Rule 2)


COURSES OF INSTRUCTION IN THE LAW


The following are the courses of instruction in the law referred to in rule 2 -


Subject of course
Person giving instruction
Period when course conducted
Legal Method
Mrs. M. L. Billeam
June, 1974 - September, 1974
Criminal Procedure
Mr. R. L. De Silva
June, 1974 - September, 1974
Civil Procedure
Mr. R. L. De Silva
November, 1974 - March, 1975
Law of Contract
Mr. D. J. A. Dowdall
November, 1974 - March, 1975
Commercial Law
Mr. J. H. Berriman
April, 1975 - July, 1975
Law of Tort
Mr. D. J. A. Dowdall
March, 1975 - July, 1975
Family Law
Mrs. M. L. Billeam
July, 1975 - November, 1975
Criminal
Mr. D. J. A. Dowdall
July, 1975 - November, 1975

_______


SECOND SCHEDULE
(Rule 3)


EXAMINATIONS


The following are the examinations referred to in rule 3 -


Subject of Examination
Date of Examination
Legal Method
5th October, 1974
Criminal Procedure
12th October, 1974
Civil Procedure
15th March, 1975
Law of Contract
8th March, 1975
Commercial Law
12th July, 1975
Law of Tort
19th July, 1975
Family Law
15th November, 1975
Criminal
8th November, 1975

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