In the Matter of Daugherty [1963] PGSC 47 (1 November 1963)

IN THE SUPREME COURT OF THE
TERRITORY OF PAPUA AND NEW GUINEA

IN THE MATTER of the LEGAL PRACTITIONERS
ORDINANCE 1954-1961

-and-

IN THE MATTERS of the ADMISSION RULES 1963

-and-

IN THE MATTER of ROBERT JEFFREY DAUGHERTY

APPLICATION FOR AN ORDER UNDER RULES 8 AND 12
OF THE ADMISSION RULES 1963

In delivering the decision of the court the Chief Justices (inter alia) said:-

One of the Orders sought by this Applicant is an Order reducing the period for which he is required to serve as a Student at Law under paragraph (b) of Rule 6(1) of the Admission Rules 1963.

Paragraph (b) of Rule 6(1) prescribes that one of the matters with respect to which the Court should be satisfied is that the Applicant shall have been registered as a Student at Law for not less than two years prior to his application for admission to practice. Rule 12 provides that the Court may reduce the period but only for good cause.

The Court does not lightly make an order reducing this period but to this case the Court is satisfied that the Applicant has shown good cause for the reduction sought and the Order is made accordingly.

This is the first application which has come before this Court for an Order of this kind. It is to be observed that the material submitted to the Court to support the application consists of the Affidavits of the Applicant and the Secretary for Law designed in terms to satisfy paragraphs (c) and (d) of Rule 6 together with a statement of the practical legal experience of the Applicant in general rather than specific terms.

It so happens that all the members of this Bench have personal knowledge of the work performed by the Applicant and know that the Applicant has had a rich and varied practical experience under supervision in legal work. The Court therefore is able to interpret the general terms of the Affidavits with a full appreciation of their significance to be satisfied, accordingly, that there is good cause justifying the reduction of the period.

We would emphasise that should a similar Order be sought in any future case it should be kept in mind that the Court would normally require a high degree of particularity in the statement of the matters relied upon to show good cause for a reduction in the period of studentship.