Singapore legislation
Clause 100
Clause 100
Procedure for complainants dissatisfied with the Council’s decision
(1)
When a person has made a written application or complaint to the Society and the Council has determined —
that a formal investigation is not necessary; or
that no sufficient cause for a formal investigation exists but that the advocate and solicitor concerned should be ordered to pay a penalty,that person, if he is dissatisfied with such decision may within fourteen days of being notified of the Council’s determination apply to a judge under this section.
(2)
Such application shall be made by originating summons and shall be accompanied by an affidavit or affidavits of the facts constituting the basis of the application or complaint and by a copy of the application or complaint originally made to the Society together with a copy of the Council’s reasons in writing supplied to the applicant under subsection (2) of section 91 of this Act.
(3)
The application accompanied by a copy of each of the documents referred to in subsection (3) of this section shall be served on the Society.
(4)
Upon 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 Committee,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 Committee the applicant shall have the conduct of proceedings before the Disciplinary Committee and any subsequent proceedings before the court under section 102 of this Act and any such proceedings shall be brought in the name of the applicant.