WEIL HC AK CIV-2010-404-006974
Because the applicant gave notice under s19 of the Trans-Tasman Mutual Recognition Act 1997, the Registrar issued the requisite certificate after confirming the applicant held a current Queensland non-principal practising certificate, the applicant satisfied the requirements of s49(4) and therefore, under s52, the...
Source-derived case information.
- Citation
- openlaw-e46cc970_e483_42fe_ab93_a8c803276ddc.pdf
- Parties
- Applicant: Andrew Mark Trethewie Weil; Respondent: Registrar of the High Court of New Zealand
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 November 2010
- Procedural Posture
- Application for Admission as Barrister and Solicitor Under the Lawyers and Conveyancers Act 2006 / Judgment Delivered
- Outcome
- Application granted; applicant admitted as a barrister and solicitor of the High Court of New Zealand.
- Legal Topics
- Admission to Practice, Mutual Recognition of Occupational Registration, Lawyers and Conveyancers Act 2006, Trans Tasman Mutual Recognition Act 1997
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Mark Trethewie Weil
Applicant
Registrar of the High Court of New Zealand
Respondent
Procedural Posture
Application for Admission as Barrister and Solicitor Under the Lawyers and Conveyancers Act 2006 / Judgment Delivered
Legal Issues
- 1 Whether the applicant is qualified for admission under s49(4) of the Lawyers and Conveyancers Act 2006
- 2 Whether the applicant gave notice under s19 of the Trans-Tasman Mutual Recognition Act 1997 and a certificate was issued by the Registrar
- 3 Whether the Court is obliged under s52 to admit an applicant who meets s49(4)
Ratio Decidendi
Because the applicant gave notice under s19 of the Trans-Tasman Mutual Recognition Act 1997, the Registrar issued the requisite certificate after confirming the applicant held a current Queensland non-principal practising certificate, the applicant satisfied the requirements of s49(4) and therefore, under s52, the Court was obliged to admit him and made the order of admission.
Court Disposition
Application granted; applicant admitted as a barrister and solicitor of the High Court of New Zealand.
Orders
- Order admitting Andrew Mark Trethewie Weil as a barrister and solicitor of the High Court of New Zealand
Full Case Text
Judgment text and source record
1 paragraphs
WEIL HC AK CIV-2010-404-006974 10 November 2010IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2010-404-006974IN THE MATTER OF The Lawyers and Conveyancers Act 2006 ANDREW MARK TRETHEWIE WEIL Applicant Judgment: 10 November 2010 at 2:00 pmJUDGMENT OF COURTNEY JThis judgment was delivered by Justice Courtney on 10 November 2010 at 2:00 pm pursuant to R 11.5 of the High Court Rules. Registrar / Deputy Registrar Date. Solicitors: Morrison Kent, P O Box 222 Shortland Street, Auckland 1140 Fax: (09) 309-3797 – S WeilCopy to: A Weil, 52 Woodstock Avenue, Taringa, Queensland, Australia[1] The applicant, Mr Weil, applies under s 52(3) Lawyers and Conveyancers Act 2006 for admission as a barrister and solicitor of the High Court of New Zealand. [2] Section 19 of the Trans-Tasman Mutual Recognition Act 1997 permits an individual registered in an Australian jurisdiction for an occupation to give written notice to the local registration authority for the equivalent occupation seeking registration for that occupation on the ground (as required by s 17(1)) that the individual is already registered in an equivalent occupation in an Australian jurisdiction. [3] Under s 49 Lawyers and Conveyancers Act 2006 there are three categories of persons qualified for admission as a barrister and solicitor. Mr Weil falls into the third category described in s 49(4), being a person who has been issued with a certificate by a Registrar stating that he has given notice under s 19 of the Trans- Tasman Mutual Recognition Act 1997 to the Registrar acting as a local registration authority under that Act. Mr Weil has met the requirement of giving notice to the Registrar; the second requirement is that he be issued with a certificate stating that he has given such notice and that requirement has also been met by the certificate 1 November 2010 signed by H Bowles, Deputy Registrar. Before issuing that certificate the Registrar confirmed with the Queensland Law Society that Mr Weil does hold a current non-principal practicing certificate current to 30 June 2011. [4] Finally, under s 52 Lawyers and Conveyancers Act 2006 Mr Weil must obtain from this Court an order admitting him as a barrister and solicitor of the High Court. This Court must make such an order if it is satisfied that he is qualified for admission under s 49(4). I am satisfied that he is qualified for admission under s 49(4) for the reasons already outlined and therefore make an order granting Mr Weil's originating application for admission as a barrister and solicitor of the High Court of New Zealand. ____________________ P Courtney J