Legal Profession Act 1966 · 2020 Revised Edition · Part 7 · Disciplinary Proceedings
97. Application for review of Disciplinary Tribunal’s decision
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
Where a Disciplinary Tribunal has made a determination under section 93(1)(a) or (b), the person who made the complaint, the regulated legal practitioner or the Council may, within 14 days of being notified of that determination or any order under section 93(2) or (2A), apply to a Judge for a review of that determination or order.
Disciplinary Tribunal
“Disciplinary Tribunal” means a Disciplinary Tribunal appointed by the Chief Justice under section 90(1);
An application under subsection (1) must be —
made by originating application; and
served on —
the person who made the complaint, if the person had the conduct of the proceedings before the Disciplinary Tribunal and is not the applicant;
the regulated legal practitioner, if he or she is not the applicant;
the Society, if the Council is not the applicant; and
the secretary of the Disciplinary Tribunal.
Upon receiving the application, the secretary of the Disciplinary Tribunal must file in court the record and report of the hearing and investigation by the Disciplinary Tribunal.
court
“court” means the General Division of the High Court or a Judge sitting in open court in the General Division of the High Court;
The Judge hearing the application —
Judge
“Judge” means a Judge sitting in chambers in the General Division of the High Court;
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 or order of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; and
may make such orders as the Judge thinks fit, including —
an order directing the person who made the complaint or the Council to make an application under section 98;
an order setting aside the determination of the Disciplinary Tribunal and directing —
the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or
the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter; or
such order for the payment of costs as may be just.
If the Judge makes an order directing the person who made the complaint to make an application under section 98, that person has the conduct of the proceedings under that section, and any such proceedings must be brought in the person’s name.
If the Judge makes an order directing the person who made the complaint or the Council to make an application under section 98, that person or the Society (as the case may be) must make the application under that section within one month from the date of the order.
Council
“Council” means the Council of the Society established under section 47;