—(1) Within 21 days of being ordered to pay a penalty by the Council under section 88(1) or 94(3)(a), the advocate and solicitor concerned may apply to a Judge to set aside the order.
[8/2011 wef 03/05/2011]
(2) Such an application shall be made by way of originating summons and shall be served on the Society and shall be heard in chambers unless the Judge of his own motion or on the application of any party sees fit to order a hearing in open court.
(3) Upon the hearing of the application, the Judge may —
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.
(4) Where the Council has ordered an advocate and solicitor to pay a penalty, the advocate and solicitor shall pay to the Society —
if the penalty has been varied by a Judge under subsection (3)(a), the penalty so varied.
(5) Any penalty payable to the Society under subsection (4) which is not paid may be recoverable by the Society as a judgment debt.