Category Archive Regulated Professions

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Qualification for Admission to Practise Law

If you want to practice law in Papua New Guinea, you must apply to the National Court for admission to practice law. When you are making such an application, what are the qualifications that you must satisfy to be eligible for admission? These qualification are provided under the Lawyers Act 1986. You must satisfy to the Court that you:

  1. possess the required academic qualification.
  2. possess the required practice qualification.
  3. Are a fit and proper person to be admitted as a lawyer.

Academic qualification

What is the required academic qualification that you must possess when making an application for admission to the National Court to practice law in Papua New Guinea? You must attain a degree of Bachelor of Laws from the University of Papua New Guinea. This is the main qualification you need. However, if the Admission Council (Council) make rules for admission which provides for other academic or educational qualification, you as an applicant must have those academic qualification. However, in the meantime, the Council has not made rules which prescribes other academic qualifications apart from a degree of Bachelor of Law.

Practice qualifications

What are the required practice qualifications that you must possess when making an application for admission to the National Court to practice law in Papua New Guinea? You must have a certificate that is signed by the Director of the Legal Training Institute (Institute) and the Attorney General, in his capacity as the Chairman of the Admission Council, wherein they certify that you have successfully completed the course of training that were conducted by the Institute. This is the main qualification you need. However, if the Council make rules for admission which provides for other practice qualification, you as an applicant must have those qualifications. However, in the meantime, the Council has not made rules which prescribes other practice qualifications apart from this certificate from the Institute.

Fit and proper person test

You must possess a certificate that is signed by the Attorney General of Papua New Guinea wherein he certifies that you are a fit and proper person to be admitted to practice law in Papua New Guinea. To make this certification, you will appear before the Attorney General for a personal interview. The Attorney General may require you to bring to the interview evidence of your fitness, academic and practice qualification. The Attorney General will request evidence as he thinks fit. If, after the interview, the Attorney General finds that you have not provided adequate evidence of your academic and practice qualifications, he may require the applicant to sit examinations and for this purpose he may set such examinations.

All in all, you must possess these three main qualifications before your make an application for admission in the National Court to practice as a lawyer in Papua New Guinea.

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Application for Admission to Practice Law

If you want to practice law in Papua New Guinea, you must apply to the National Court for admission to practice law. The procedures are set out in the Lawyers Act 1986.

Publication of intention of apply for admission

There is a preliminary step that you must take before you make an application for admission. This step will start the admission process. You must, within 14 days from the date of the hearing of your application, you must publish in a newspaper your intention to apply for admission to practice law in Papua New Guinea. The newspaper that you choose to publish your notice must be a newspaper that circulates throughout Papua New Guinea. Thereafter, you must file an affidavit giving evidence that you published this notice.

Application for admission to practise

You must make an application for admission to the practice to the National Court. You will pay a fee of K150 to the National Court Library Account for admission. This application must be made by way of a notice of motion seeking on one relief. This relief is admission to practice law in Papua New Guinea. You must file the notice of motion with your affidavit which will provide all the relevant evidence to support your motion. In your affidavit, you must set out evidence to satisfy the following requirement:

  1. Brief details of your schooling.
  2. Details of your work experience if you have any.
  3. You possess the required academic qualification.
  4. You possess the required practice qualification.
  5. You are a fit and proper person to be admitted as a lawyer.
  6. Whether you have any criminal convictions and, if so, details of those convictions.

Once you file the application and receive the sealed copies of the notice of motion and your affidavit, you must serve a copy of these documents on the secretary of the Papua New Guinea Law Society. You must serve these court documents as soon as possible after filing these documents. Thereafter, you must file an affidavit giving evidence that you served the court documents on the secretary.

Hearing of the application for admission

Once you file a notice of motion at the National Court Registry, the registrar will allocate a hearing date for your application on the sealed motion. If no date is given on the motion, the registrar will notify you in writing of the hearing date.

On the hearing date, when you move your application before the National Court, you must show to the satisfaction of the Court that you meet the following requirements:

  1. You possess the required academic qualification.
  2. You possess the required practice qualification.
  3. You are a fit and proper person to be admitted as a lawyer.

Once the Court is satisfied that you have met all these requirements, it will grant the relief you are seeking in your motion. The Court will admit you to practice as a lawyer in the Courts of Papua New Guinea. The Court also has the jurisdiction to waive all or any of these requirements.

Objections to your application

The Papua New Guinea Law Society (Society) may attend Court on the hearing date of your application and object to your application. The Society may make submission either in support of your application or in objection of your application. It may take whichever position and makes submission on it as it thinks fit.

Roll of Lawyers

Once the Court admits you to practice as a lawyer, then the Registrar of the National Court (Registrar) will produce the Roll of Lawyers. You will swear an oath or make an affirmation and thereafter you will sign on the Roll of Lawyers. The Roll of Lawyers is kept by the Registrar.

Certificate of Admission

Once you signed the Roll of Lawyers, the Registrar will issue a certificate of admission to you. Once you are admitted to practice law and has signed the Roll of Lawyers, you may then practice as a lawyer in accordance with the provisions of the Lawyers Act 1986.

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Admission Council

What is the Admission Council (Council)? The Council is established under section 25A of the Lawyers Act 1986.

What is the composition of the Council?

The Council is made up of the following members:

  1. the Attorney-General.
  2. the Chief Justice.
  3. the President of the Papua New Guinea Law Society (Society).

The Attorney General is the Chairman of the Council. All these members hold their seat in ex officio. This means that the officers who holds these position as members are not voted in. Instead, they hold these position because of their position as the Attorney General, the Chief Justice and the President of the Society, respectively.

What are the functions of the Council?

The Council is responsible for the admission of lawyers to practice in Papua New Guinea. The functions of the Council are set out in the Lawyers Act. The Lawyers Act gives the Council the power to make rules relating to admission to practice.

Rules of admission

If the Council makes any rules relating to admission, it will then give notice of the rules to the public by publishing it in the National Gazette. The Attorney General will be responsible for ensuring that the notice is published in the National Gazette. The rules will come in force upon publication of the notice. If, however, the notice itself sets out a date that the rules will come into operation, then that date will be the date of operation and not the date of publication.

An example of a rule made by the Council is the Lawyers Admission Rules 1990 which set out the prescribed forms for the following:

  1. Form 1 – Certificate of Training issued by the Chairman of the Council and the Director of the Legal Training Institute.
  2. Form 2 – Notice of Intention to Apply for Admission as a Lawyer.
  3. Form 3 – Lawyer’s Oath.
  4. Form 4 – Roll of Lawyers.
  5. Form 5 – Certificate of Admission.

All in all, the Council is responsible making rules in relating to admission of applicants to practice as lawyers in Papua New Guinea.

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