Rule 370(1)(b)
Form 91B
Affidavit by clerk in support of application for admission
AFFIDAVIT BY CLERK IN SUPPORT OF APPLICATION FOR ADMISSION
I (full name, address and occupation of deponent) SWEAR ON OATH/DO TRULY AND
SOLEMNLY AFFIRM (delete whichever is inapplicable) THAT:
1.
My date of birth is (date).
2.
I have complied with the academic requirements for admission meeting rule 2.1/4
(delete whichever is inapplicable) of the LPEAC Rules in that I have (set out details
of the academic qualifications meeting rule 2.1 or rule 4 of the LPEAC Rules).
3.
A true copy of the original certificate dated (date) that I have obtained or become
qualified to obtain the academic qualifications referred to in paragraph 2 above (the
original of which I am required to produce to the Law Society upon lodgment) is now
shown to me marked ‘A’. I am the person therein named.
4.
I was articled to (name of supervising practitioner), a practitioner of the Supreme
Court of South Australia, pursuant to articles of clerkship dated (date).
5.
In pursuance of the articles I served (name of supervising practitioner) as (his or her)
clerk at (his or her) office situated at (place) in South Australia under (his or her)
personal supervision and that of (his or her) partner (name of partner practitioner)
who at all material times had been in practice in the said State for a continuous period
of five years, continuously from the date of the execution of the articles to (date)
inclusive, except as appears hereunder (full details are to be given of the applicant’s
service under articles).
6.
(delete if inapplicable) During my period of service, I was absent from the office and
employment of (name of supervising practitioner) on duty as a member of the naval,
military or air force of the Commonwealth of Australia as shown hereunder (give
appropriate details to show whether any absence was permitted by the Rules).
7.
(delete whichever paragraph is inapplicable)
In addition to periods of absence to attend lectures and examinations and on annual
leave for study or recreation, I was absent from the office and employment of (name
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Current to 1 October 2014
of supervising practitioner) during my period of service with the consent of (name of
supervising practitioner) or that of (his or her) partner on the following occasions
(give length and occasion of each absence).
(or)
Except for periods of absence to attend lectures and examinations, and on annual
leave for study or recreation, I was not at any time during my period of service absent
from the office and employment of (name of supervising practitioner) or that of (his
or her) partner.
8.
I have not at any time during my period of service been absent from the office and
employment of (name of supervising practitioner) without (his or her) consent or that
of (his or her) partner.
9.
I did not during my period of service, nor have I since my articles expired, pursued
any occupation or business other than my employment pursuant to my articles or the
proper business of a practitioner.
Note
10.
If the applicant has pursued any other occupation or business, particulars are to be given.
During my period of service, I served (name of supervising practitioner) faithfully
and diligently pursuant to my articles.
11.
I have undertaken a supplementary course of study/tuition/training (delete whichever
is inapplicable) meeting rule 2.4(c) of the LPEAC Rules approved by the Board of
Examiners in that I have (set out details of the supplementary course of
study/tuition/training meeting rule 2.4(c) or rule 4 of the LPEAC Rules).
12.
A true copy of the original certificate dated (date) that I have obtained that I have
undertaken the supplementary course of study/tuition/training (delete whichever is
inapplicable) referred to in paragraph 11 above (the original of which I am required to
produce to the Law Society upon lodgment) is now shown to me marked ‘B’. I am the
person therein named.
13.
I have in all other respects complied with Chapter 17 Part 4 of the Supreme Court
Civil Rules 2006 and the LPEAC Rules 2004.
14.
A true copy of my driver’s licence/passport/birth certificate (delete whichever is
inapplicable) (the original of which I am required to produce to the Law Society upon
lodgment) is now shown to me marked ‘C’. I am the person therein named.
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Current to 1 October 2014
15.
I have not been convicted or found guilty by a Court of any offences, nor, as far as I
am aware, are there any charges or proceedings outstanding against me in relation to
any offences alleged to have been committed by me (add, if necessary, ‘save and
except that (or those) referred to in a direction (or intimation) of the Board of
Examiners dated (date) in a sealed envelope now shown to me and marked “D”).
Note
16.
If the position is otherwise, full details must be given in relation to each offence or alleged
offence in a separate statement, which is to be exhibited to the affidavit in a sealed envelope,
of the date and nature of the charge, the Court in which it was or will be heard, the sentence (if
any) imposed, and the circumstances in which the offence was or is alleged to have been
committed.
I have not otherwise done or suffered anything likely to affect adversely my good
fame and character, nor am I aware of any circumstances that might affect my fitness
to be admitted as a practitioner.
Note
17.
If the position is otherwise, set out any facts or circumstances that the applicant is required to
bring to the notice of the Board of Examiners. These include that the applicant:
(i)
is or has been bankrupt and the circumstances of bankruptcy;
(ii)
has been found to have engaged in academic dishonesty such as plagiarism.
I do not suffer from any illness or condition, either permanently or intermittently, that
would affect my ability to perform all the duties and responsibilities reasonably
required of a legal practitioner adequately or safely.
Note
If the position is otherwise, set out the facts and circumstances relating to any relevant illness
or condition.
18.
I am a resident in Australia.
19.
(delete whichever paragraph is inapplicable)
English is my native language.
(or)
English is not my native language. I am sufficiently fluent in written and spoken
English to enable me to practise as a practitioner.
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Current to 1 October 2014
Sworn/Affirmed (delete whichever is inapplicable)
by the abovenamed deponent
at (place)
on (date)
……………………………………..
(signature of deponent)
before me ……………………………………..
(signature and title of attesting witness)
(print name of witness)
(ID number of witness)
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Current to 1 October 2014