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In re Application by Timothy John North [2011] VUSC 20; Legal Practitioners Case 02 of 2011 (9 February 2011)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Legal Practitioners Case No.02 of 2011

IN THE MATTER OF: THE LEGAL PRACTITIONERS REGULATIONS
1980 [CAP 119] (as amended)

AND IN THE MATTER OF: THE LEGAL PRACTITIONERS
(QUALIFICATIONS) REGULATIONS NO.22 OF 1996

IN THE MATTER OF: AN APPLICATION BY TIMOTHY JOHN NORTH SC
of Port Vila, Efate in the Republic of Vanuatu for ADMISSION to the Supreme Court of the Republic of Vanuatu and for TEMPORARY PRACTICING CERTIFICATE as a legal Practitioner

Mr Mark Hurley for the Applicant
Mr Ari Jenshel and Mr Alain Obed of State Law Office

RULING

This is an application by Mr Mark Hurley, counsel for the Petitioner, Timothy John North SC of Level 28, 200 Queen Street, Melbourne, Australia filed 6 January 2011 together with a Petition and a sworn statement of Counsel filed on same date. The application is made under section 13(1) of the Legal Practitioners [Amendment] Act [CAP. 119].

I read the application, the Petition and the sworn statement filed by counsel on 6 January 2011. I hear Mr Mark Hurley on behalf of the Applicant/Petitioner. I have consulted Mr Ari Jenshel and his assistant Mr Alain Obed of the State Law Office representing the Attorney-General of the Republic as required by the Legal Practitioners' Act.

I note that Section 13 application is an application for the Chief Justice to temporarily admit a foreign lawyer who is not practicing law in Vanuatu and on application by a local practicing solicitor.

Counsel for the Attorney-General provide me with a copy of a Certificate of Admission issued by the then Chief Justice Frederick Cooke on 20th June 1988 admitting the Applicant, Timothy John North, of the Supreme Court of the Republic of Vanuatu, and to practice therein as a Barrister.

I finally note that the Application, the Petition and sworn statement of counsel filed in support make no reference to the said Certificate of admission.

I am informed by Mr Mark Hurley, counsel for the Applicant that the Applicant, Mr Timothy John North exchanges correspondences with the Attorney-General on certain issues. Counsel for the Attorney-General provide me with a copy of the Applicant's Profile as Barrister within the Victorian Bar. In the Applicant Profile it is advertised, among other matters, that "He is also admitted to practice in N.S.W., Queensland, Tasmania, Western Australia and Vanuatu".

If the Applicant is entitled to practice law in Vanuatu the question I pose is why he also applies for a temporary practicing certificate under section 13 of the Legal Practitioners [Amendment] Act [CAP. 119]?

In the present case, after consultation and consideration, I find that there is no need for the Applicant to apply under Section 13 of the Act (as amended) because s.13 has no operation in relation to him on the face of the Applicant's Certificate of admission. I dismiss the application of the Applicant on that technical ground.

This ruling has a limited effect as made. Issues concerning operation of s.13 of the Act in private arbitration cases and question on whether or not the Applicant's Certificate of admission is affected by the Legal Practitioners (Amendment) Act [CAP. 119] are important issued for consideration but they are for another day.

DATED at Port-Vila this 9th day of February 2011
BY THE COURT

Vincent LUNABEK
Chief Justice