Legal advice on SA law

[ThinusleRoux]

Hi everyone,

I am a practising South African lawyer in the process of emigrating to Aus with my family.

I've been on this forum for more than a year but feel like a bit of a voyeur as I've taken a lot more info / advice than I've contributed.

So I thought that maybe I could in some small way contribute to the cause so to speak by offering to try and help anyone - whether on your way to Aus or already there and trying to settle in - with legal advice on SA law where I can - NO FEES or any small print to worry about - I just want to help where I can in some small way.

I specialize in commercial litigation and general commercial work (contracts), but am a fairly experienced generalist.

I don't profess to be able to answer everyone's questions but if I don't know, I'll do my best to try and help you find the answers as best I can. Be warned, I know hardly anything about tax law but, as I said, I'll try and help to find the answers or, f all else fails, direct you to the right people.

This is a genuine offer and hope the ADMIN people will approve.

But like everything legal there has to be some proviso: Whenever I give any type of advice, it will be in capacity as a member/formite not as legal expert / lawyer, so if you ask and I answer, I cannot be held be liable for any incorrect advice or damages or loss you may suffer as a result of following any advice given by me. That's it, no other strings attached.

Hope to be of assistance to someone.

[MandC]

Wow, that's very nice of you Thinus. Thanks, I am sure that there are many people who would appreciate it

PS - love the little "disclaimer" at the end. You really do sound like a lawyer

[ThinusleRoux]

Thanks MandC, what can I say, that's just how we're trained!!!

[OubaasDik]

Hi Thinus,

Thanks for the offer - very kind of you.

We seem to be a bit short on facts sometimes and a bit long on opinions, although no-one has (yet) quoted an episode of Judge Judy to back up any advice given .....

[KyleV]

Hi Thinus,

I am currently completing my articles, I am in my 2nd year so I should be admitted in South Africa next Feb. If I may ask, how have you gone about converting your degree and which state are you going through? I will be sending all my documents off to Aus for assessment within the next week or so. I am hoping to complete my conversion course in the shortest time possible.

Thanks,

Kyle.

[ThinusleRoux]

Howzit Kyle,

Look here bud, I don't know all of the tricks.

But I've learned a couple a long the way

[Brad76]

Hi Thinus,

Thanks for the offer - very kind of you.

We seem to be a bit short on facts sometimes and a bit long on opinions, although no-one has (yet) quoted an episode of Judge Judy to back up any advice given .....

Now that you mentioned it, there was this one episode where..........

[ThinusleRoux]

Sorry Kyle, my previous post/comment did not get through properly.

Each state handles the conversion differently, but with all of them you have to apply for an assessment of your qualifications and experience. That then determines which subjects you must do there and type of extra practical legal training will be required before you can be admitted to practice in Aus.

We're going to South Australia and I am still in the process of applying for assessment of my qualifications and experience. I have been practising here for just over 14 years but I will still have to 3 or so subjects at the University there and/or some portions of the practical legal training at university.

A friend of mine in Adelaide has been doing the conversion course over the past two years (part time) and just needs to write two more of the practical legal exams before he is admitted.

I would suggest that you look up the particular state's requirements for admission on its website - their website's have al lot of info on the subject and you should be able to find all the answers there.

I'm not sure but I think it would be better if you first get admitted here before you apply for assessment of your qualifications and experience otherwise your application will be assessed on the basis of your not being admitted to practice yet which could have an effect on the number subjects you will be required to do there.

Be warned though, university is very expensive there! But if you go on PR visa, you will qualify for a government grant/assistance with the fees for the conversion course.

Hope this helps. Please let me know how things pan out for you. Where in Aus are you going? I've heard that it may be a bit easier to do the conversion in NSW.

[KyleV]

Hi Thinus,

No problem! I have done a fair amount of research on the topic and I am aiming for NSW, as I have heard this is the "easiest" route for RSA attorneys to take. whether or not it is, is up for debate. I have been in contact with another South African who has a South African law degree, she never practiced in RSA and she had to take 3 subjects to convert her degree. I have spoken to the LPAB in NSW and they have said that my admission in RSA will not have an impact on which subjects I will have to do, as I have completed my degree. From what I have heard, the majority of RSA attorneys have to redo Aus Constitutional law, Trusts and Property law. I am in the process of gathering all documents for my assessment; I should have everything ready by tomorrow and will hopefully have it sent off by next week Friday, depending on the notary.

From my research, I have seen that I might only have to complete ethics and attorneys bookkeeping as far as PLT's go, once I can prove that I have completed a PLT course. I am just waiting for my certificate from LEAD, but, I will wait to be admitted before I apply for my PLT exemption, which, according to the LPAB, may make a difference with regard to the exemption from certain PLT courses.

I have seen that it is anything but cheap, I am going to be doing it via correspondence, I am lucky enough that my dad has said that he will pay for the conversion! I just need to get in contact with the University now. I will keep you posted on my progress, let me know how things go for you!

All the best.

Kyle.

[KyleV]

Hi Thinus,

Just an update on the assessment of my degree.

I received the letter from the LPAB in NSW yesterday and I only have to do 3 subjects, those being -

• Australian Constitutional law;
• Equity; and
• Real Property.

Which is the best possible outcome for my assessment. I just have to get in touch with the university so that I can register and get my conversion done. One step closer now!

I hope that everything is going according to plan for you?

Regards,

Kyle.

[AngieMM]

Hi Kyle and Thinus

 

I know this is 7 years after your initial chat on here but I'm hoping this message might reach one of you...

 

Kyle, I'm in the similar boat as you were - currently in my final year of LLB and planning on going to NSW. May I ask which university you did the conversion through? We can only leave in 2022 so I'm hoping there's some way I can do the conversion online / through correspondence next year. 

 

In terms of the Aus PLT requirement, would you recommend doing the LEAD course in SA before we go? Does this help much in terms of getting exceptions? 

 

Any advice would be greatly appreciated.

 

Thank you, Angie