Anti Discrimination Law Advise Thomas whether he is legally bound to pay the state levy fee of $30,000 to the New South Wales government if he seeks admission as a barrister in New South Wales? Identification of Issues Thomas was appointed as Adjunct Professor with the School of Law at the University of Northern Sydney. He had been practicing law for 23 years in Victoria. Thomas considered that it would be good for him to do moderate practice in New South Wales at the Sydney Bar. Thomas completed all the requirements for practicing law in Sydney Bar and successfully completed the New South Wales Bar Association Course. However he refused to pay the thirty thousand dollar levy to obtain New South Wales Barristers Practicing Certificate saying that levy was outrageous and he intends to keep his practice alive in Victoria but however wanted to practice in New South Wales courts and tribunals when he was in Sydney.
Application of Law to the Facts Interstate Barristers Act 2012 (NSW) defines appropriate regulatory standards for interstate barristers seeking admission to practice law in state court and tribunals in New South Wales.[1] As per section 3 of the Interstate Barristers Act 2012, sub section 1,[2] barristers admitted to practice law in any state or University of Australia other than the state of New South Wales will before they practice law comply with some requirements. The last paragraph in this subsection mandates paying a levy of sum of thirty thousand dollars to the New South Wales Government within 28 days of receiving notice of successful completion of the New South Wales Bar Association Course.[3] Now as is evident from the clauses of the Interstate Barristers Act 2012, Thomas is bound to pay the levy of 30,000 dollars if he wants to practice as a barrister in New South Wales. Moreover, as he had to submit that levy within 28 days of receiving notice of successful completion of the New South Wales Bar Association Course, he might also have to incur some penalty. Moreover, Thomas knew the clauses of the Interstate Barristers Act 2012, being already into practice for so many years. He knew the clauses, in spite of that he went ahead with the course and later complained that the fee was outrageous and he wished to pursue practice part time. As per the clause, the person wishing to practice law in New South Wales would have to comply with certain requirements and the levy of 30,000 dollars at end of bar association course was a mandate. [1]Interstate Barriers Act 2012 (IBA 12). [2] Ibid s 3(1)(c). [3] Ibid s 3(1)(c).