Clause 52

by deleting subsection (1) and substituting the following subsection:“(1) Each of the following applications shall be made by originating summons:

an application for an order that an advocate and solicitor —

be struck off the roll;

be suspended from practice for a period not exceeding 5 years;

pay a penalty of not more than $100,000;

be censured; or

suffer the punishment referred to in sub‑paragraph (iii) in addition to the punishment referred to in sub‑paragraph (ii) or (iv);

an application for an order that a regulated foreign lawyer —

have his registration under section 36B, 36C or 36D cancelled or suspended (for such period as the court may think fit), have his registration under section 36P (if any) cancelled or suspended (for such period as the court may think fit), or have his approval under section 176(1) cancelled or suspended (for such period, not exceeding 5 years, as the court may think fit), as the case may be;

pay a penalty of not more than $100,000;

be censured; or

suffer the punishment referred to in sub‑paragraph (ii) in addition to the punishment referred to in sub‑paragraph (i) or (iii);

an application for an order that an advocate and solicitor or a regulated foreign lawyer be required to answer allegations contained in an affidavit.”;

by deleting the word “solicitor” in subsections (2), (3), (4) and (6) and substituting in each case the words “advocate and solicitor or regulated foreign lawyer”;

by deleting the word “and” at the end of subsection (8)(a);

by deleting the full-stop at the end of subsection (8)(b)(ii) and substituting the word “; and”;

by inserting, immediately after paragraph (b) of subsection (8), the following paragraph:“(c)in the case of a regulated foreign lawyer, may direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:

the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the regulated foreign lawyer is duly authorised or registered to practise law;

any relevant professional disciplinary body of the state or territory in which the regulated foreign lawyer is duly authorised or registered to practise law.”; and

by inserting, immediately after subsection (9), the following subsection:“(9A) Where a regulated foreign lawyer’s registration under section 36P has been cancelled pursuant to an order of the court of 3 Judges —

in any case where the order prohibits the regulated foreign lawyer from reapplying for registration under section 36P until after a date specified in the order, the regulated foreign lawyer shall be prohibited from reapplying for such registration until after that date; or

in any other case, the regulated foreign lawyer shall be permanently prohibited from reapplying for registration under section 36P.”.