Legal Profession Act 1966 · 2020 Revised Edition · Part 7 · Disciplinary Proceedings
95. Provisions as to penalties ordered by Council under section 88(1) or 94(3)(a)
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
Within 21 days of being ordered to pay a penalty by the Council under section 88(1) or 94(3)(a), the regulated legal practitioner concerned may apply to a Judge to set aside the order.
Council
“Council” means the Council of the Society established under section 47;
Such an application must be made by way of originating application, must be served on the Society and must be heard in chambers unless the Judge of his or her own motion or on the application of any party sees fit to order a hearing in open court.
Society
“Society” means the Law Society of Singapore established under section 37;
Upon the hearing of the application, the Judge may —
Judge
“Judge” means a Judge sitting in chambers in the General Division of the High Court;
affirm or vary the penalty; or
set aside the order for a penalty,and may make an order for payment of costs by or to either the Society or the applicant as may be just.
Where the Council has ordered a regulated legal practitioner to pay a penalty, the regulated legal practitioner must pay to the Society —
regulated legal practitioner
“regulated legal practitioner” means an advocate and solicitor or a regulated foreign lawyer;
the penalty, if —
no application is made under subsection (1) to set aside the Council’s order; or
the penalty has been affirmed by a Judge under subsection (3)(a); or
if the penalty has been varied by a Judge under subsection (3)(a), the penalty so varied.
Any penalty payable to the Society under subsection (4) which is not paid may be recoverable by the Society as a judgment debt.