Singapore legislation

Section 36T

of Legal Profession Act 1966

Section 36T

Application for review of decision of complaints committee

Amended by40/201422/201840/201422/201840/201422/201840/201440/201422/201840/201440/2014

(1)

Where a complaints committee has made a determination under section 36S(8)(a)(ii), (8A)(b) or (11)(b)(i) or (ii), the complainant, the foreign lawyer or law expert concerned or the instructing authority may, within 10 weeks after being supplied under section 36S(13)(b) a copy of the report containing the determination, apply to a Judge for a review of that determination.

Amended by40/201422/2018

(2)

Where the instructing authority intends to make an application under subsection (1) —

(a)

the instructing authority must, within 14 days after being supplied under section 36S(13)(b) a copy of the report containing the determination of the complaints committee under section 36S(8)(a)(ii), (8A)(b) or (11)(b)(i) or (ii), notify the appointing committee in writing of the intention;

(b)

the appointing committee must, within 3 weeks after the date on which it receives the notification under paragraph (a), appoint a solicitor to act for the instructing authority in the application and to conduct all proceedings relating to the application; and

(c)

the solicitor appointed to act for the instructing authority in the application must file the application on behalf of the instructing authority within one month after the date on which the solicitor is appointed.

Amended by40/201422/2018

(3)

An application under subsection (1) must be —

(a)

made by originating summons and supported by an affidavit; and

(b)

served, together with the affidavit, on —

(i)

the complainant, if the complainant is not the applicant;

(ii)

the foreign lawyer or law expert concerned, if the foreign lawyer or law expert is not the applicant;

(iii)

the instructing authority, if the instructing authority is not the applicant; and

(iv)

the secretary of the complaints committee.

Amended by40/201422/2018

(4)

Upon receiving the application, the secretary of the complaints committee must file in court the report containing the determination and the record of the proceedings of the complaints committee (if any).

Amended by40/2014

(5)

The Judge hearing the application —

(a)

has full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the complaints committee, or as to the regularity of any proceedings of the complaints committee; and

(b)

may make such orders as the Judge thinks fit, including —

(i)

an order —

(A)

authorising or directing the instructing authority to make an application under section 36U(1) against the foreign lawyer or law expert concerned; and

(B)

directing the appointing committee to appoint a solicitor to act for the instructing authority in the application under section 36U(1) and to conduct all proceedings relating to the application;

(ii)

an order setting aside the determination of the complaints committee and directing —

(A)

the complaints committee to hear and investigate the complaint on the basis that there is a prima facie case for an investigation into the complaint, or to rehear and reinvestigate the complaint; or

(B)

the Registrar to make a request to the Chief Justice for the appointment of another complaints committee to hear and investigate the complaint;

(iii)

an order setting aside any warning given by, or any reprimand or order of, the complaints committee under section 36S(14), varying the amount of the penalty payable under any order of the complaints committee under section 36S(14), or setting aside or varying any order of the complaints committee under section 36S(16); and

(iv)

an order as to the costs of and incidental to the proceedings under this section.

Amended by40/201422/2018

(6)

If the Judge makes an order directing the appointing committee to appoint a solicitor to act for the instructing authority in an application under section 36U(1) and to conduct all proceedings relating to the application —

(a)

the appointing committee must, within 3 weeks after the date on which it is notified by the Registrar in writing of the order, appoint a solicitor to act for the instructing authority in the application under section 36U(1) and to conduct all proceedings relating to the application; and

(b)

the solicitor appointed to act for the instructing authority in the application must file the application on behalf of the instructing authority within one month after the date on which the solicitor is appointed.

Amended by40/2014

(7)

No appeal lies from any decision of the Judge under subsection (5).

Amended by40/2014
Section 36T — Legal Profession Act 1966 | laws.sg