PART VI
Admission of advocates and solicitors
Procedure before filing of application for admission
24.—(1)  A qualified person who intends to apply for admission as an advocate and solicitor shall, before filing his application for admission and, if he intends to attend the preparatory course leading to Part B of the Singapore Bar Examinations, on or before filing his application for admission to that course  —
(a)apply, in such form and manner as the Institute may require, to register his name with the Institute;
(b)produce to the Institute such document or documents relating to the qualification by virtue of which he claims to be a qualified person as the Institute may require;
(c)if he is required to serve a practice training period, inform the Institute, in such form and manner as the Institute may require, of —
(i)the proposed date of commencement of his practice training period; and
(ii)such of the following particulars as may be applicable to him:
(A)that he intends to serve his practice training period under a practice training contract with a Singapore law practice of the specified name and address;
(B)that he intends to serve his practice training period through working as a Judicial Service Officer or a Legal Service Officer; or
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(C)that he intends to serve his practice training period through working under the supervision of a qualifying relevant legal officer of the specified name, appointment and address;
(d)if he is required to serve a practice training period, obtain the approval of the Institute of the manner in which he is to serve his practice training period; and
(e)serve on the Attorney-General and the Society a copy each of every form and document referred to in sub-paragraphs (a), (b) and (c).
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(2)  The Institute shall enter in a register of qualified persons —
(a)the name of the qualified person;
(b)the date of the production of the document or documents referred to in paragraph (1)(b); and
(c)if he is required to serve a practice training period, such particulars referred to in paragraph (1)(c)(ii)(A), (B) or (C) as may be applicable to the qualified person.
(3)  The fee payable by a qualified person on the registration of the qualified person under this rule shall be $216 (inclusive of the goods and services tax chargeable under the Goods and Services Tax Act 1993).
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(4)  If a qualified person intends to change the manner in which he is to serve his practice training period, he shall first notify the Institute in writing of his intention and obtain the Institute’s approval of the change, and the Institute shall enter the date of the notice and the date of the approval in the register of qualified persons containing his name.
(5)  Paragraph (1) shall not apply to a qualified person who —
(a)before 9th October 2009 has complied with rule 12(1) of the revoked Legal Profession Rules (R 3) in force immediately before that date; or
(b)on or after 9th October 2009 but before 3rd May 2011 has complied with rule 12(1) of the revoked Legal Profession Rules in force immediately before 3rd May 2011.
(6)  Paragraph (4) shall not apply to a qualified person who on 9th October 2009 has commenced but not completed his period of pupillage in any of the following circumstances:
(a)the qualified person —
(i)has obtained the approval of the Board of Legal Education to serve, and immediately before that date was serving, his period of pupillage with an advocate and solicitor referred to in section 14(1)(a) or (c) of the Act in force immediately before that date; and
(ii)intends to and does serve on and after that date his practice training period under a practice training contract with the Singapore law practice in which that advocate and solicitor is in active practice;
(b)the qualified person —
(i)has obtained the approval of the Board of Legal Education to serve, and immediately before that date was serving, his period of pupillage with a legal officer referred to in section 14(1)(b) of the Act in force immediately before that date; and
(ii)being a Legal Service Officer immediately before that date, intends to and does serve on and after that date his practice training period through working as a Legal Service Officer; or
(c)both of the following requirements are satisfied:
(i)the qualified person —
(A)has obtained the approval of the Board of Legal Education to serve, and immediately before that date was serving, his period of pupillage with a legal officer referred to in section 14(1)(b) of the Act in force immediately before that date; and
(B)not being a Legal Service Officer immediately before that date, intends to and does serve on and after that date his practice training period through working under the supervision of that legal officer; and
(ii)as long as the qualified person serves his practice training period through working under the supervision of that legal officer, that legal officer is and continues to be a qualifying relevant legal officer.
(7)  In this rule, “register of qualified persons” includes any register of qualified persons maintained by the Board of Legal Education under rule 12 of the revoked Legal Profession Rules in force immediately before 3rd May 2011 and transferred to the Institute under section 11 of the Act.
Application for admission, in general
25.—(1)  This rule shall apply to an application for admission under section 12(2) of the Act made by any qualified person other than a Malayan practitioner who wishes to rely on rule 18(1) of the Legal Profession (Qualified Persons) Rules (R 15).
(2)  An application for admission under this rule shall be made to the court by originating application and accompanied by such form as the Registrar may require.
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(3)  The date fixed for the hearing of the application shall be at least 60 days after the date on which the application and the form referred to in paragraph (2) are filed.
(4)  The applicant shall, not earlier than 30 days after the date on which the application and the form referred to in paragraph (2) are filed, and not later than 21 days before the date fixed for the hearing of the application, file an affidavit exhibiting the following documents:
(a)a certificate issued by the Secretary of the Board of Legal Education before 3rd May 2011, or by the Institute on or after that date, stating that the applicant —
(i)is a qualified person;
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(ii)has satisfactorily served the practice training period applicable to him, or has been exempted therefrom under section 15(1) of the Act in force immediately before 3rd May 2011 or by the Minister under section 15A(3) of the Act in force immediately before that date, or under rule 18(2) of the Legal Profession (Qualified Persons) Rules or by the Minister under section 14(5) of the Act;
(iii)has attended the courses of instruction referred to in section 12(1)(d) of the Act in force immediately before 3rd May 2011, or has been exempted therefrom under section 15(1) of the Act in force immediately before that date or by the Minister under section 15A(3) of the Act in force immediately before that date, or has attended the courses of instruction referred to in section 13(1)(d) of the Act, or has been exempted therefrom under rule 18(2) of the Legal Profession (Qualified Persons) Rules or by the Minister under section 14(5) of the Act; and
(iv)has passed the examinations referred to in section 12(1)(e) or 15(1) of the Act in force immediately before 3rd May 2011, or has been exempted therefrom by the Minister under section 15A(3) of the Act in force immediately before that date, or has passed the examinations referred to in section 13(1)(e) of the Act or rule 18(2) of the Legal Profession (Qualified Persons) Rules, or has been exempted therefrom by the Minister under section 14(5) of the Act;
(b)in the case of an applicant who wishes to rely on rule 18(2) of the Legal Profession (Qualified Persons) Rules, a true copy of the order of court admitting and enrolling the applicant as a Malayan practitioner;
(c)2 recent certificates as to his good character which satisfy the requirements under paragraph (5); and
(d)in the case of an applicant who is required to serve a practice training period, such certificate or certificates as are prescribed under paragraphs (7) and (8), or such other evidence as the court may require, that the applicant has served his practice training period with diligence.
(5)  For the purpose of paragraph (4)(c) —
(a)the 2 certificates as to the good character of the applicant shall be given by 2 responsible persons, each of whom —
(i)is not immediately related to the applicant; and
(ii)has known the applicant for at least 2 years, and has had opportunities to judge the applicant’s character; and
(b)at least one of the 2 persons giving the certificates as to the good character of the applicant must be a resident of Singapore.
(6)  Notwithstanding paragraphs (4)(c) and (5), the court may accept in place of either or both of the certificates as to the good character of the applicant, or require in addition thereto, such other evidence of good character as the court thinks fit.
(7)  Subject to paragraph (8), for the purposes of paragraph (4)(d), a qualified person shall exhibit, in his affidavit referred to in paragraph (4) —
(a)if he has, or is deemed to have, served the whole or any part of his practice training period under a practice training contract, a certificate of diligence from each Singapore law practice from which he has received supervised training in relation to the practice of Singapore law pursuant to a practice training contract;
(b)if he has, or is deemed to have, served the whole or any part of his practice training period through working as a Judicial Service Officer or a Legal Service Officer, a certificate of diligence from a Deputy Attorney-General, the Solicitor-General, the Registrar of the Supreme Court, the Registrar of the Family Justice Courts or the Registrar of the State Courts; and
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(c)if he has, or is deemed to have, served the whole or any part of his practice training period through working under the supervision of a qualifying relevant legal officer, a certificate of diligence from each such qualifying relevant legal officer.
(8)  A qualified person who before 9th October 2009 has served his period of pupillage or any part thereof under a master may, in lieu of a certificate referred to in paragraph (7)(a), (b) or (c) covering that period of pupillage or part thereof, exhibit a certificate of diligence covering that period of pupillage or part thereof from that master.
(9)  There shall be served on the Attorney-General, the Society and the Institute —
(a)a copy each of the application and the form referred to in paragraph (2), within 5 days after the date on which the application is filed; and
(b)a copy of the affidavit referred to in paragraph (4), within 5 days after the date on which the affidavit is filed.
Application for admission made before 3rd May 2011
26.—(1)  This rule shall apply, on and after 3rd May 2011, to an application for admission as an advocate and solicitor which was made before that date under section 17 of the Act in force immediately before that date, and which was pending on that date.
(2)  An application for admission referred to in paragraph (1) shall have been made to the court by originating summons and accompanied by a notice intimating that the applicant has so applied.
(3)  The notice referred to in paragraph (2) shall have been or be or continue to be posted at the Supreme Court for 6 months before the applicant is admitted as an advocate and solicitor.
(4)  The applicant shall, not later than 12 days before the date fixed for the hearing of the application, file an affidavit exhibiting the following documents:
(a)a certificate issued by the Secretary of the Board of Legal Education before 3rd May 2011, or by the Institute on or after that date, stating —
(i)in the case of an applicant who applied for admission by virtue of section 11(1)(a) of the Act in force immediately before 3rd May 2011, that the applicant has satisfied the relevant requirements under the Act to be a qualified person;
(ii)that the applicant has satisfactorily served the practice training period applicable to him, or has been exempted therefrom under section 15(1) of the Act in force immediately before 3rd May 2011 or by the Minister under section 15A(3) of the Act in force immediately before that date, or under rule 18(2) of the Legal Profession (Qualified Persons) Rules (R 15) or by the Minister under section 14(5) of the Act;
(iii)that the applicant has attended the courses of instruction referred to in section 12(1)(d) of the Act in force immediately before 3rd May 2011, or has been exempted therefrom under section 15(1) of the Act in force immediately before that date or by the Minister under section 15A(3) of the Act in force immediately before that date, or has attended the courses of instruction referred to in section 13(1)(d) of the Act, or has been exempted therefrom under rule 18(2) of the Legal Profession (Qualified Persons) Rules or by the Minister under section 14(5) of the Act;
(iv)that the applicant has passed the examinations referred to in section 12(1)(e) or 15(1) of the Act in force immediately before 3rd May 2011, or has been exempted therefrom by the Minister under section 15A(3) of the Act in force immediately before that date, or has passed the examinations referred to in section 13(1)(e) of the Act or rule 18(2) of the Legal Profession (Qualified Persons) Rules, or has been exempted therefrom by the Minister under section 14(5) of the Act; and
(v)in the case of a certificate issued by the Secretary of the Board of Legal Education before 3rd May 2011, that the applicant has kept the dining terms referred to in section 12(1)(f) of the Act in force immediately before that date, or has been exempted therefrom by the Board of Legal Education under section 12(2) of the Act in force immediately before that date;
(b)in the case of an applicant who applied for admission by virtue of section 15(1) of the Act in force immediately before 3rd May 2011, a true copy of the order of court admitting and enrolling the applicant as a Malayan practitioner, or true copies of any other documentary evidence showing that he is a Malayan practitioner;
(c)2 recent certificates as to his good character which satisfy the requirements under paragraph (5); and
(d)in the case of an applicant who is required to serve a practice training period, such certificate or certificates as are prescribed under paragraphs (7) and (8), or such other evidence as the court may require, that the applicant has served his practice training period with diligence.
(5)  For the purpose of paragraph (4)(c) —
(a)the 2 certificates as to the good character of the applicant shall be given by 2 responsible persons, each of whom —
(i)is not immediately related to the applicant; and
(ii)has known the applicant for at least 2 years, and has had opportunities to judge the applicant’s character; and
(b)at least one of the 2 persons giving the certificates as to the good character of the applicant must be a resident of Singapore.
(6)  Notwithstanding paragraphs (4)(c) and (5), the court may accept in place of either or both of the certificates as to the good character of the applicant, or require in addition thereto, such other evidence of good character as the court thinks fit.
(7)  Subject to paragraph (8), for the purposes of paragraph (4)(d), a qualified person shall exhibit, in his affidavit referred to in paragraph (4) —
(a)if he has, or is deemed to have, served the whole or any part of his practice training period under a practice training contract, a certificate of diligence from each Singapore law practice from which he has received supervised training in relation to the practice of Singapore law pursuant to a practice training contract;
(b)if he has, or is deemed to have, served the whole or any part of his practice training period through working as a Legal Service Officer, a certificate of diligence from the Solicitor-General, the Registrar of the Supreme Court or the Registrar of the State Courts; and
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(c)if he has, or is deemed to have, served the whole or any part of his practice training period through working under the supervision of a qualifying relevant legal officer, a certificate of diligence from each such qualifying relevant legal officer.
(8)  A qualified person who before 9th October 2009 has served his period of pupillage or any part thereof under a master may, in lieu of a certificate referred to in paragraph (7)(a), (b) or (c) covering that period of pupillage or part thereof, exhibit a certificate of diligence covering that period of pupillage or part thereof from that master.
(9)  There shall be served on the Attorney-General, the Society and the Institute —
(a)a copy of the application referred to in paragraph (2), within 5 days after the date on which the application is filed; and
(b)a copy of the affidavit referred to in paragraph (4), within 5 days after the date on which the affidavit is filed.
(10)  Notwithstanding paragraph (4), where before 3rd May 2011 the applicant has filed an affidavit under section 17(4) of the Act in force immediately before that date (referred to in this paragraph as the relevant affidavit), and the relevant affidavit complies with the requirements under paragraph (4) —
(a)the relevant affidavit shall be treated as the affidavit referred to in paragraph (4); and
(b)the applicant shall not be required to file any other affidavit under paragraph (4).
(11)  Paragraph (9)(a) shall not apply to the applicant if, before 3rd May 2011, he has served on the Attorney-General, the Society and the Board of Legal Education a copy of his application referred to in paragraph (2).
(12)  Paragraph (9)(b) shall not apply to the applicant if, before 3rd May 2011, he has served on the Attorney-General, the Society and the Board of Legal Education a copy of the relevant affidavit referred to in paragraph (10).
Application for admission made by Malayan practitioner in active practice in West Malaysia
27.—(1)  This rule shall apply —
(a)to an application for admission under section 12(2) of the Act made by a Malayan practitioner who wishes to rely on rule 18(1) of the Legal Profession (Qualified Persons) Rules (R 15); and
(b)on and after 3rd May 2011, to an application for admission as an advocate and solicitor which was made before that date under section 18 of the Act in force immediately before that date, and which was pending on that date.
(2)  An application for admission referred to in paragraph (1)(a) shall be, and an application for admission referred to in paragraph (1)(b) shall have been, made to the court by originating summons and supported by an affidavit which satisfies the requirements under paragraph (4).
(2A)  In paragraph (2), a reference to an originating summons, in relation to an application for admission referred to in paragraph (1)(a) made on or after 1 January 2023, is a reference to an originating application.
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(3)  The date fixed for the hearing of the application shall be at least one month after the date on which the application is filed.
(4)  The affidavit supporting the application shall exhibit —
(a)a true copy of the order of court admitting and enrolling the applicant as a Malayan practitioner;
(b)a certificate issued by another Malayan practitioner, who shall be of not less than 7 years’ standing, stating that to his personal knowledge the applicant has been in active practice in West Malaysia for a continuous period of not less than 3 years in the 4 years immediately preceding the application; and
(c)in respect of each State of Malaysia where the applicant has practised, a recent certificate issued by the chairman, secretary or other officer of the body charged with responsibility for investigating allegations of professional misconduct or breaches of professional discipline in that State, stating that at the date of the certificate, no disciplinary proceedings are pending or contemplated against the applicant, and his professional conduct is not under investigation.
(5)  A copy each of the application and the affidavit supporting the application shall be served, within 5 days after the date on which the application is filed, on the Attorney-General, the Society and the Institute.
(6)  Notwithstanding paragraph (2), where before 3rd May 2011 the applicant has filed an affidavit which satisfies the requirements under section 18(4) of the Act in force immediately before that date (referred to in this paragraph as the relevant affidavit) —
(a)the relevant affidavit shall be treated as the affidavit referred to in paragraph (2); and
(b)the applicant shall not be required to file any other affidavit under paragraph (2).
(7)  Paragraph (5) shall not apply to the applicant if, before 3rd May 2011, he has served on the Attorney-General, the Society and the Board of Legal Education a copy each of his application for admission referred to in paragraph (1)(b) and the relevant affidavit referred to in paragraph (6).
Objections to application for admission under rule 25, 26 or 27, in general
28.—(1)  Subject to rule 29(1), any person who intends to object to any application for admission under rule 25 shall file in the court and serve on the Attorney-General, the Society, the Institute and the applicant a notice of objection under this rule not later than 30 days after the date on which the application is filed.
(2)  Subject to rule 29(1), any person who intends to object to any application for admission under rule 26, or any application for admission under rule 27 that is filed in the court before 3rd May 2011, shall —
(a)before 3rd May 2011, enter a caveat against the admission of the applicant under section 20(1) and (2) of the Act in force immediately before 3rd May 2011; or
(b)on or after 3rd May 2011, file in the court and serve on the Attorney-General, the Society, the Institute and the applicant a notice of objection under this rule not later than —
(i)in any case where the date fixed for the hearing of the application is more than 30 days after 3rd May 2011, 30 days after 3rd May 2011; or
(ii)in any other case, any time before the hearing of the application on the date fixed for that hearing.
(3)  Subject to rule 29(1), any person who intends to object to any application for admission under rule 27 that is filed on or after 3rd May 2011 shall file in the court and serve on the Attorney-General, the Society, the Institute and the applicant a notice of objection under this rule not later than —
(a)in any case where the date fixed for the hearing of the application is more than 30 days after the date on which the application is filed, 30 days after the date on which the application is filed; or
(b)in any other case, any time before the hearing of the application on the date fixed for that hearing.
(4)  Every notice of objection under this rule shall contain the full name, occupation and address of the person who intends to object, a brief statement of the grounds of his objection and an address for service.
(5)  For the purposes of section 12(5) of the Act and this rule, a caveat entered against the admission of an applicant under section 20(1) and (2) of the Act in force immediately before 3rd May 2011 shall be treated as a notice of objection under this rule.
(6)  Where a caveat has been entered against the admission of an applicant under section 20(1) and (2) of the Act in force immediately before 3rd May 2011, the Registrar shall give the person entering the caveat not less than 3 clear days’ notice of the date fixed for the hearing of the application.
Objections to application for admission under rule 25, 26 or 27 by Attorney-General, Society or Institute
29.—(1)  If the Attorney-General, the Society or the Institute intends to object to any application for admission under rule 25, 26 or 27, the Attorney-General, the Society or the Institute, as the case may be, shall file in the court and serve on the applicant, not less than 5 days before the date fixed for the hearing of the application, a notice of objection which shall contain a brief statement of the grounds of objection.
(2)  If the Attorney-General, the Society or the Institute does not intend to object to any application for admission under rule 25, 26 or 27, the Attorney-General, the Society or the Institute, as the case may be, shall serve on the applicant, not less than 5 days before the date fixed for the hearing of the application, a letter stating that as at the date of the letter, the Attorney-General, the Society or the Institute, as the case may be, has no objections to the application.
(3)  It shall not be necessary for the Attorney-General, the Society or the Institute to be represented at the hearing of any application for admission unless the Attorney-General, the Society or the Institute, as the case may be, intends to object to that application.
(4)  The Attorney-General, the Society or the Institute may, for the purposes of determining whether to object to any application for admission under rule 25, 26 or 27 —
(a)require the applicant to provide, at his own expense, such additional information or documents as the Attorney-General, the Society or the Institute, as the case may be, may specify; and
(b)apply for that application to be adjourned.
Declaration
30.—(1)  Every person admitted as an advocate and solicitor shall make the declaration referred to in paragraph (2).
(2)  Subject to any modification necessary to conform to the religious beliefs of the person so admitted, the declaration shall be in the form set out in the First Schedule.
Forms
31.—(1)  The affidavit referred to in rule 25(4) shall —
(a)except in any case where sub-paragraph (b) applies, be in Form A(1) as set out in the Second Schedule; or
(b)in any case where the applicant wishes to rely on rule 18(2) of the Legal Profession (Qualified Persons) Rules (R 15), be in Form A(2) as set out in the Second Schedule.
(2)  The affidavit referred to in rule 26(4) shall —
(a)except in any case where sub-paragraph (b) applies —
(i)if the affidavit is made on or after 3rd May 2011, be in Form A(1) as set out in the Second Schedule; or
(ii)if the affidavit is made before that date, be in Form A(3) as set out in the Second Schedule; or
(b)in any case where the applicant wishes to rely on section 15(1) of the Act in force immediately before 3rd May 2011 or rule 18(2) of the Legal Profession (Qualified Persons) Rules —
(i)if the affidavit is made on or after 3rd May 2011, be in Form A(2) as set out in the Second Schedule; or
(ii)if the affidavit is made before that date, be in Form A(4) as set out in the Second Schedule.
(3)  The certificate referred to in rule 25(4)(a) or 26(4)(a) shall —
(a)if issued by the Secretary of the Board of Legal Education before 3rd May 2011 to an applicant who does not rely on section 15(1) of the Act in force immediately before 3rd May 2011 or rule 18(2) of the Legal Profession (Qualified Persons) Rules, be in Form B(1) as set out in the Second Schedule;
(b)if issued by the Secretary of the Board of Legal Education before 3rd May 2011 to an applicant who wishes to rely on section 15(1) of the Act in force immediately before 3rd May 2011 or rule 18(2) of the Legal Profession (Qualified Persons) Rules, be in Form B(2) as set out in the Second Schedule;
(c)if issued by the Institute to an applicant who does not rely on section 15(1) of the Act in force immediately before 3rd May 2011 or rule 18(2) of the Legal Profession (Qualified Persons) Rules, be in Form B(3) as set out in the Second Schedule; or
(d)if issued by the Institute to an applicant who wishes to rely on section 15(1) of the Act in force immediately before 3rd May 2011 or rule 18(2) of the Legal Profession (Qualified Persons) Rules, be in Form B(4) as set out in the Second Schedule.
(4)  The certificates as to the good character of the applicant referred to in rule 25(4)(c) or 26(4)(c) shall be in Form C as set out in the Second Schedule.
(5)  A certificate referred to in rule 25(4)(d) or 26(4)(d) that an applicant for admission has served his practice training period with diligence shall —
(a)if it is from a Singapore law practice which is a sole proprietorship, be in Form D(1) as set out in the Second Schedule;
(b)if it is from a Singapore law practice which is a partnership, a limited liability law partnership or a law corporation, be in Form D(2) as set out in the Second Schedule;
(c)if it is from a Deputy Attorney-General, the Solicitor-General, the Registrar of the Supreme Court, the Registrar of the Family Justice Courts or the Registrar of the State Courts, be in Form D(3) as set out in the Second Schedule;
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(d)if it is from a qualifying relevant legal officer, be in Form D(4) as set out in the Second Schedule;
(e)if it is from a master, and is issued on or after 9th October 2009, be in Form D(5) as set out in the Second Schedule; or
(f)if it is from a master, and is issued before 9th October 2009, be in Form D(6) as set out in the Second Schedule.
(6)  The affidavit referred to in rule 27(4) shall —
(a)if the affidavit is made on or after 3rd May 2011, be in Form E(1) as set out in the Second Schedule; or
(b)if the affidavit is made before that date, be in Form E(2) as set out in the Second Schedule.
(7)  The certificate referred to in rule 27(4)(b) shall be in Form F as set out in the Second Schedule.
(8)  The certificate referred to in rule 27(4)(c) shall be in Form G as set out in the Second Schedule.
(9)  Where the circumstances of an applicant for admission are such that no version of a Form as set out in the Second Schedule is applicable in his case, the applicant shall make use of such form as the Board of Legal Education may have approved before 3rd May 2011 or as the Institute may approve.
Ad hoc admissions
32.—(1)  The following areas of legal practice are prescribed for the purposes of section 15(2) of the Act:
(a)constitutional and administrative law;
(b)criminal law;
(c)family law.
(2)  For the purposes of section 15(5) of the Act, a person who applies to be admitted under section 15 of the Act shall —
(a)pay the Attorney-General a fee of $1,000 for his costs incurred in the application; and
(b)pay the Society a fee of $1,000 for their costs incurred in the application.
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