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outside Australia. Section 8
is confined to the
admission of barristers entitled to practise in the
High Court of Justice in England, Northern Ire
land and Scotland. Section 9 relates to the ad
mission, subject to compliance with certain condi
tions, of practitioners of Superior Courts of other
parts of Her Majesty's dominions. As Ireland is
not part of Her Majesty's dominions the section
can have no application
to Irish practitioners;
accordingly there would appear to be little pos
sibility of entering the roll of solicitors without
starting legal education
de novo.
Having made
enquiries regarding the position in New South
Wales we have been informed that persons who
have been admitted as solicitors of the Supreme
Court of England, or Northern Ireland or who
have been admitted as solicitors in Scotland aie
eligible for admission in that State without further
examination or period of articles or clerkship.
Such an application canndt be made until the
intending applicant has been resident in the State
for at least three years. In Victoria an Irish
solicitor (or barrister) may be admitted to prac
tice on complying with the Rules of the Board
of Examiners for barristers and solicitors. Three
months' notice is required and the procedure is
set-out in the Rules of the Board referred to. The
Rules state that three months notice must be
given and qualification proved by producing the
appropriate certificates. A fee of £65 is also pay
able. Points which cause difficulty are mainly :—
(a)
applicant must establish that he is a British
subject;
(1))
he must be vouched for by two barristers
and solicitors of the Supreme Court of Vic
toria. If he knows no such persons, a certi
ficate as to character from the persons with
whom he had been in practice are usually
accepted as sufficient;
(c)
admission days are the first day of every
month except January, February and one
of the winter months, usually July.
Qualification as an Irish solicitor does not entitle
a person to any special consideration under the
Practitioners Admission Rules which govern the
operation of
the Commonwealth Practitioners
Board. However, if an Irish solicitor is admitted
to practice in the Supreme Court of one of the
Australian States on the basis of his qualification
as an Irish solicitor, he would be able (under the
Judicature Act of the Commonwealth and the
Territory Laws)
to practise
in
the Australian
Federal and Territory Court by virtue of his
being entitled to practise in the Supreme Court
of one of the Australian States.
In Canada the position is as hereinafter out
lined:—
(1)
The Province of Ontario: The Law Society
of Upper Canada have regulations govern
ing transfer to practice in Ontario of United
Kingdom solicitors. Formally all that is nec
essary is that an applicant must simply show
a current practising certificate as a solicitor
in the United Kingdom to be eligible to
enter the Bar Admission course. The regul
ation has been construed to include solici
tors of the Republic of Ireland.
(1)
In Vancouver before a person may be ad
mitted as a solicitor or barrister he must
be a Candadian citizen or a British subject.
The authority responsible for admission is
the Law Society of British Columbia who
operate under the Canons of Legal Ethics
and Rules of the Law Society of British
Columbia.
(3)
Saskatchewan: A person can only practice
law in Saskatchewan after he has been ad
mitted as a barrister and solicitor in the
Law Society of Saskatchewan. This admis
sion entitles him to practise both as a bai-
rister and as a solicitor. The profession is
Saskatchewan is not split. Applicant has to
be a British subject and has to pass pre
scribed examinations and his academis quali
fications must be such as are acceptable to
the Benchers of the Law Society of Saskat
chewan.
(4) Newfoundland: There is no exemption from
examinations and every candidate for ad
mission must write examinations in Practice
and Procedure and Newfoundland Statutes.
(5) Manitoba: There is no provision for the ad
mission of solicitors from the Republic of
Ireland. The Law Society requires that all
persons admitted as solicitors in Manitoba
must be British subjects and must take the
oath of allegiance in open Court. If an
Irish solicitor qualifies as a British subject
his admission is governed by the Rules of
the Law Society,
the particular rule
to
wit, Rule 46 of the Society provides that
permission in each case is determined on its
own particular circumstances.
(6) Alberta: the position in Alberta is at present
uncertain as a new Legal Profession Act is
under
consideration. Generally
speaking
solicitors from other countries are treated
exactly the same as solicitors from other
provinces in Canada in so far as examin
ations are concerned but the co-ordinating
Council of the University of Alberta may