Singapore legislation
Section 96
Section 96
Procedure for complainant dissatisfied with Council’s determination under section 87(1)(a) or (b)
(1)
Where a person has made a complaint to the Society and the Council has determined under section 87(1) —
that a formal investigation is not necessary; or
that no sufficient cause for a formal investigation exists but that the regulated legal practitioner concerned should be given a warning, reprimanded or ordered to pay a penalty,that person may, if the person is dissatisfied with the determination of the Council, apply to a Judge under this section within 14 days of being notified of the determination.
(2)
Such an application must be made by originating summons and must be accompanied by an affidavit or affidavits of the facts constituting the basis of the complaint and by a copy of the complaint originally made to the Society together with a copy of the Council’s reasons in writing supplied to the applicant under section 87(4).
(3)
The application accompanied by a copy of each of the documents referred to in subsection (2) must be served on the Society.
(4)
At the hearing of the application, the Judge may make an order —
affirming the determination of the Council; or
directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal,and such order for the payment of costs as may be just.
(5)
If the Judge makes an order directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal, the applicant has the conduct of proceedings before the Disciplinary Tribunal and any subsequent proceedings before the court under section 98, and any such proceedings must be brought in the name of the applicant.