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Application for cancellation of registration under section 36P or 36PA, etc.

Legal Profession Act 1966

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—(1) An application for an order that a foreign lawyer who is registered under section 36P, or a law expert who is registered under section 36PA —(a)have his or her registration under section 36P or 36PA (as the case may be) cancelled or suspended (for such period as the court may think fit);(b)pay a penalty of not more than $100,000;(c)be censured; or(d)suffer the punishment referred to in paragraph (b) in addition to the punishment referred to in paragraph (a) or (c),must be made by originating summons.(2) An application under subsection (1) is to be heard by a court of 3 Supreme Court Judges, and there is no appeal from the decision of that court.(3) The court of 3 Judges —(a)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;(b)may make an order setting aside the determination of the complaints committee and directing —(i)the complaints committee to rehear and reinvestigate the complaint; or(ii)the Registrar to make a request to the Chief Justice for the appointment of another complaints committee to hear and investigate the complaint;(c)may make an order setting aside or varying any order of the complaints committee under section 36S(16);(d)may, in the case of a foreign lawyer who is registered under section 36P, direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:(i)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 foreign lawyer is duly authorised or registered to practise law;(ii)any relevant professional disciplinary body of the state or territory in which the foreign lawyer is duly authorised or registered to practise law; and(e)may make such order as to the costs of and incidental to the proceedings under this section as the court of 3 Judges thinks fit.(4) The Chief Justice or any other Supreme Court Judge is not to be a member of the court of 3 Judges when the application under subsection (1) is in respect of a complaint made by him or her.(5) Where a foreign lawyer’s registration under section 36P has been cancelled pursuant to an order of the court of 3 Judges —(a)in any case where the order prohibits the foreign lawyer from reapplying for registration under section 36P until after a date specified in the order, the foreign lawyer cannot reapply for such registration, and cannot apply as a law expert for registration under section 36PA, until after that date; or(b)in any other case, the foreign lawyer is permanently prohibited from reapplying for registration under section 36P, and is permanently prohibited from applying as a law expert for registration under section 36PA.(6) Where a law expert’s registration under section 36PA has been cancelled pursuant to an order of the court of 3 Judges —(a)in any case where the order prohibits the law expert from reapplying for registration under section 36PA until after a date specified in the order, the law expert cannot reapply for such registration, and cannot apply as a foreign lawyer for registration under section 36P, until after that date; or(b)in any other case, the law expert is permanently prohibited from reapplying for registration under section 36PA, and is permanently prohibited from applying as a foreign lawyer for registration under section 36P.

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