36T. Application for review of decision of complaints committee

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;

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

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.

made by originating application and supported by an affidavit; and

served, together with the affidavit, on —

the complainant, if the complainant is not the applicant;

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

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

the secretary of the complaints committee.

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

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

an order —

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

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;

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

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

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

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

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

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

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.