Made pursuant to section 98 of the Legal Practitioners Act 1997.
PART 1 – PRELIMINARY
1. Short Title
This rule may be cited as the Fiji Law Society (Legal Practitioners Disciplinary Complaints Committee) Rules 2002
2. Definitions
In this rule - “address for service” means the address a party gives as the address for service of documents under this rule
“Committee” means the Disciplinary Committee established under section 81 of the Legal Practitioner’s Act
“Council” means Council of the Fiji Law Society established under section 19 of the Legal Practitioners Act
“clerk” means the person holding office for the time being of Secretary of the Fiji Law Society (or such other person nominated by him/her as the clerk of the Committee).
“hearing of the date” means the date fixed by notice under these Rules for hearing a charge.
“party” means –
(a) for a charge -
(i) the person bringing the charge; or
(ii) the person against whom the charge is brought; or and includes the Council of the Fiji Law Society.
2A. Application of rule
If this rule does not make provision or sufficient provision for a matter and the Committee has not ordered otherwise, the High Court and/or Court of Appeal Rules as appropriate Court practice or procedure applies mutatis mutandis for the matter.
2B. Extending and shortening time
(1) The Committee may, at any time, extend a time set under this rule.
(2) If a time set under this rule, including a time for service, has not ended, the Committee may shorten the time.
2C. Effect of non-compliance with rules
(1) Non-compliance with this rule does not invalidate a proceeding, unless the Committee directs otherwise.
(2) If this rule has not been compiled with, the Committee may
(a) waive the non-compliance; or
(b) set aside all or part of the proceeding; or
(c) make any other necessary order.
PART 2 – CHARGES
Division 1 – Rules applying before hearing
3. Bringing a charge against legal practitioner
(1) A person bringing a charge against a legal practitioner must give to the Committee written notice of the charge in the approved form.
(2) The notice must state the particulars on which the person intends to rely.
(3) More than 1 charge may be included in the single notice.
(4) If the person bringing the charge is the Council, the notice must be signed by the secretary of the society or someone else authorised by the Council to sign applications.
4. Address for service
Within 14 days after the person charged is given notice of the charge, the person must give written notice of the person’s address in Fiji for service of
Notices under this rule to –
(a) the person bringing the charge; and
(b) the clerk
5. Prescribed period for giving notice
6. List of Documents
(1) Each party must give to the clerk and each other affected party a list of documents on which the party intends to rely at the hearing at least 14 days before the hearing date, unless the Committee otherwise orders in a particular case.
(2) A party giving a list of documents must also make the documents included in the list available for inspection at least 7 days before the hearing date. (3) At the request of party inspecting documents, and on payment of the appropriate disbursement, the party relying on the document must give to the inspecting party a copy of a document requested.
7. Affidavits
(1) Each party must give to the clerk and each other affected party a copy of each affidavit on which the party intends to rely at the hearing.
(2) The copy must be given as soon as practicable, but no later than 5 days, before the hearing date.
(3) If a party requires someone who has sworn an affidavit for another party to attend the hearing to give evidence or for cross- examination, the party requiring the attendance must, at least 3 days before the hearing date, give to the clerk and the other party, a list of the persons the party requires to attend for the purpose.
Footnotes
Under Section 88 of the Legal Practitioners Act, if a person does not voluntarily attend, the Committee may, on application of a party or of its own initiative, issue an attendance notice requiring the person to attend and give evidence before the Committee.
Division 2 – Rules applying to hearing
8. Amendment of Charge
(1) The Committee may allow the amendment of a charge or an allegation in a charge.
(2) However, if the Committee considers the amendment will take the person charged by surprise, the Committee may adjourn the hearing on condition it considers appropriate.
9. Charge may be decided on affidavit evidence
If the Committee receives in evidence an affidavit of 1 party the Committee may proceed to decide all or part of a charge or any relevant fact on the evidence given in the affidavit -
(a) if the other party does not appear; or
(b) with the written consent of the other party; or
(c) if the party filing the affidavit has given the other party a copy of the affidavit and the name of the person making the affidavit is included in a list of documents given to the other party under Rule 6.
Division 4 – General
10. Leave needed to withdraw charge
(1) A charge of which the Committee is given notice cannot be withdrawn unless the committee gives leave to withdraw it.
(2) The committee may either give leave to withdraw a charge on conditions the Committee considers appropriate or dismiss the charge.
11. Directions
The Committee may give directions in relation to the procedures to apply at hearings.
12. Findings
The Committee’s findings must include the following-
(a) the charge or charges to which it relates;
(b) the affidavit material relied on by the parties;
(c) a record of who appeared;
(d) a record of the exhibits tendered;
(e) the names of witness called;
(f) the decision of the Committee;
(g) the orders made by the Committee;
(h) the reasons for making the orders.
13. Record of Proceedings
The clerk must ensure –
(a) That a reasonable and accurate typewritten record of the proceedings before the Committee is kept and made available to the parties upon payment of reasonable costs for disbursements for the following purposes -
(i) the proceeding to which the transcript relates;
(ii) an appeal to the Court of Appeal.
PART 3 – PROVISIONS ABOUT APPEALS
14. Starting appeals to be by application
(1) An appeal against an order of the Committee is commented by way of a Petition of Appeal and must be filed with the Registrar of the Court of Appeal within 28 days of the decision of Committee that is sought to appealed against.
(2) The Petition must state the decision appealed and the grounds of the appeal.
(3) The appellant must give to the clerk and each affected or other party a copy of the filed Petition.
15. Notice of abandonment
(1) The appellant may, at any time after instituting or commencing the appeal, abandon the appeal by written notice filed with the Registrar of the Court of Appeal and each party (including any affected party) to the appeal.
(2) On giving notice under subsection (1), the appeal is taken to have been dismissed.
COSTS
The Committee may make such costs orders as it deems appropriate in any case.
PART 4 – MISCELLANEOUS
16. Effect of non-compliance with rule
A proceeding before the Committee is not a nullity merely because of a failure of a person to comply with these Rules.
17. Giving notice or documents to Committee
A notice or other documents that, under this rule, must be given to the Committee, may be given to the clerk at the Committee’s address for service.
18. Custody of records
The clerk is responsible for the custody of the Committee’s records.
19. Approval of forms
The chairperson of the Committee may approve forms for use under this Rule.
