Public access and licensed access

Question 1

• Public access rules

Answer 1

rC119-131, includes requirements for training, need for a qualified person and what you have to tell the client

Question 2

• Licensed access rules

Answer 2

rC132-rC141, similar rules.

Question 3

• Conducting litigation guidance

Answer 3

o Reserved legal activity and barristers are not automatically entitled to conduct litigation. Would be breaching the BSB handbook and committing a criminal offence. Need an extension to practising cert (will be listed on entry in barrister register)
o Definition of conducting litigation
 Issuing proceedings
 Commencing, prosecuting or defending proceedings
 Ancillary functions (formal steps required in ligation)
o If you are authorised
 Must comply with timeframes
 Cannot make disbursements on behalf of client, or engage in administration or conduct of client’s affairs
 Must have a qualified person to supervise if less than three years standing
 May act as a professional client
o What is not conducting litigation
 Conducting correspondence, lodging documents, skeleton arguments