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Vanuatu Consolidated Legislation |
LAWS
OF THE REPUBLIC OF
VANUATU
REVISED
EDITION 1988
LEGAL
PRACTITIONERS
[CAP
119]
To
provide for the admission and registration of legal practitioners, their
qualifications discipline and other matters connected
therewith.
PART IINTERPRETATION
INTERPRETATION1.
In this Act unless the context otherwise requires,-
"employee" means a person employed by a legal practitioner in his professional practice in any capacity or a person serving a qualifying period of apprenticeship or training with a legal practitioner in accordance with any regulation made under section 15;
"legal practitioner'' means a person registered as a legal practitioner in accordance with any regulation made under section 15;
"Secretary" means the Secretary of the Law Council appointed in accordance with section 4.
PART
II
LAW
COUNCIL
ESTABLISHMENT
OF LAW
COUNCIL
2.
(1) There is established a council to be known as the Law
Council.
(2)
The Law Council shall consist of:
(a) The Chief Justice who shall be chairman;
(b) The Attorney General;
(c) One legal practitioner appointed for 2 years by the Minister responsible for justice and who shall be eligible for re-appointment.
DISQUALIFICATION
OF
MEMBER
3.
The office of the appointed member of the Council shall become vacant if
he-
(a) resigns by not less than 30 days notice in writing addressed to the Minister;
(b) ceases to be a registered legal practitioner;
(c) becomes bankrupt;
(d) is declared by notice in writing addressed to the Minister and signed by the other members to be incapable by reason of physical or mental illness from carrying out the functions of his office;
(e) becomes otherwise unable or unfit to carry out the duties of his office as a
SECRETARY
TO THE LAW
COUNCIL
4.
(1) There shall be a Secretary to the Law Council who shall be a public
officer.
(2)
The Secretary may be the holder of another public
office.
(3)
When there is a Secretary the Minister responsible for justice may appoint a
public officer as acting
Secretary.
FUNCTIONS
OF LAW
COUNCIL
5.
(1) The Law Council shall have general responsibility for the control and
supervision of legal
practitioners.
(2)
Without derogating from the generality of subsection (1) the Law Council
shall:
(a) prescribe the qualification for legal practitioners;
(b) keep a Register of Legal Practitioners;
(c) be responsible generally for the discipline of legal practitioners;
(d) be responsible for the etiquette and conduct of legal practitioners;
(e) provide for the legal education and training of legal practitioners;
(f) control the registration of notaries public.
MEETING
OF THE LAW
COUNCIL
6.
(1) Meetings of the Law Council shall be convened by the Chief Justice by not
less than 7 days notice in writing to the other
members:
(2)
Decisions of the Law Council shall be made by a majority of its
members.
(3)
The quorum at meetings shall be all the
members.
(4)
Subject to this Act the Law Council may regulate its own
procedures.
PART
III
DISCIPLINARY
COMMITTEE
DISCIPLINARY
COMMITTEE
7.
(1) The Law Council shall by order appoint a Disciplinary Committee to hear
complaints against legal practitioners and
employees.
(2)
The Disciplinary Committee may be appointed for a fixed term or from time to
time to hear a particular complaint or number of
complaints.
(3)
The Disciplinary Committee shall consist of not less than five persons who shall
be:
(a) a judicial officer within the meaning of the Criminal Procedure Code who shall be chairman;
(b) not less than two legal practitioners nominated by the Attorney General;
(c) not less than one person not qualified to be registered as a legal practitioner;
(d) such other person or persons as the Law Council shall consider suitable.
(4)
The quorum at meetings of the Disciplinary Committee shall be three members. The
same three members shall constitute a quorum
for the entire hearing of a
disciplinary
complaint.
(5)
The Secretary shall be the secretary of the Disciplinary
Committee.
COMPLAINTS
AGAINST LEGAL PRACTITIONERS AND
EMPLOYEES
8.
(1) Any person who wishes to complain concerning the conduct of a legal
practitioner or an employee shall do so by lodging a complaint
in writing to the
Secretary containing specific allegations of misconduct which may consist of
acts or
omissions.
(2)
The manner in which the Disciplinary Committee shall ......... complaints shall
be prescribed be made for summary where the committee
considers a complaint does
not reveal a, prima facie 'case of
misconduct.
POWERS
OF DISCIPLINARY
COMMITTEE
9.
(1) The Disciplinary Committee shall have the same powers as the Supreme Court
to summon and examine witnesses and order the production
of
documents.
(2)
The Disciplinary Committee may require the Secretary to investigate and report
on a complaint before it, considers it
further.
(3)
If the Disciplinary Committee finds a legal practitioner has committed
misconduct it may-
(a) order that he be struck out of the Register of Legal Practitioners;
(b) suspend the legal practitioner from practice for such period as it shall consider fit;
(c) impose a fine of not more than VT150,000 on the legal practitioner which shall be payable into the Revenue Fund;
(d) order the legal practitioner in addition to any other penalty to pay compensation to a complainant of not more than VT150,000;
(e) reprimand the legal practitioner.
(4)
If the Disciplinary Committee finds an employee has committed misconduct it may
order that no legal practitioner may employ that
employee either without
defining a period or during a defined period from the date of the
order.
(5)
The Disciplinary Committee may, order a complainant or person against whom a
complaint has been made to pay the costs or part
of the costs of any person
appearing before
it.
APPEALS
10.
(1) A person found guilty of misconduct by the Disciplinary Committee may appeal
against such finding to the Supreme Court within
15 days of the notification to
him by the Secretary of such
finding.
(2)
The Chief Justice shall make rules for appeals to the Supreme Court under this
section.
(3)
The Supreme Court may dismiss such appeal or set aside or vary the decision of
the Disciplinary
Committee.
(4)
the Attorney General may appoint counsel to represent the Disciplinary Committee
as respondent before the
court.
APPLICATIONS
FOR RESTORATION TO REGISTER AND FOR CANCELLATION OF ORDERS OF DISCIPLINARY
COMMITTEE
11.
(1) A person against whom an order has been made under section 9(3)(a) may apply
to the Disciplinary Committee at any time or times
after 6 months have elapsed
after the making of the order to have his name restored to the Register of Legal
Practitioners.
(2)
A person against whom an order has been made under section 9(3)(b) or section
9(4) may if the order is indefinite or for 12 months
or more apply to the
Disciplinary Committee at any time or times after 6 months have elapsed after
the making of the order to have
the order cancelled or the period of suspension
made
shorter.
(3)
The Disciplinary Committee shall have absolute discretion to restore the name of
the applicant to the Registrar of Legal Practitioners,
cancel the order, shorten
the order, refuse the application.
PART
IV
PRACTICE
BY PERSONS NOT REGISTERED LEGAL PRACTITIONERS
PENALTY
FOR ILLEGALLY PRACTISING AS A LEGAL
PRACTITIONER
12.
Subject to section 13 any person, legal practitioner or being a legal
practitioner but suspended , and whether from practice, or
not, such person has
at any time before the coming into operation of this Act practised as a legal
practitioner in Vanuatu who holds
himself out to be entitled to practice or
practises as a legal practitioner in Vanuatu shall be guilty of an offence and
liable on
conviction to imprisonment, for 2 years, or to a fine of VT40,000 or
to both such fine and
imprisonment.
TEMPORARY
PRACTICING
CERTIFICATE
13.
(1) Notwithstanding the other provisions of this Act the Chief Justice may on
his own motion or on an application by the Attorney
General or a legal
practitioner grant a person who is not registered as a legal practitioner under
this Act a temporary practicing
certificate.
(2)
A temporary practicing certificate shall be granted under subsection (1)
either-
(a) for the person named in the certificate to act as counsel in a case to be heard or being heard by a court in Vanuatu; provided that the person named in the certificate is acting under the instructions of the Attorney General or a registered legal practitioner; or
(b) if the Chief Justice considers that it would be in the public interest to grant a certificate.
PENALTY
FOR EMPLOYING PERSONS SUSPENDED FROM
EMPLOYMENT
14.
A legal practitioner who knowingly employs a person in respect of whom an order
has been made under section 9(4) shall be guilty
of an offence and liable on
conviction to a fine not exceeding VT50,000.
PART
V
REGULATIONS
REGULATIONS
15.
(1) The Law Council may make rules and regulations not inconsistent with the
provisions of this Act and for the better carrying
out of its
provisions.
(2)
Without derogating from the generality of subsection (1), regulations made
pursuant to this section may provide for-
(a) the qualifications required for applicants for registration as legal practitioners;
(b) the name by which legal practitioners shall be called;
(c) the postgraduate training of persons desiring to become legal practitioners;
(d) forms and fees that persons making applications pursuant to this Act or orders made hereunder may be required to complete and pay;
(e) the form of the Register of Legal Practitioners and certificates of registration therein;
(f) the procedures to be followed for the making of complaints and for hearings of the Disciplinary Committee;
(g) the procedure to be followed on applications for cancellation of orders by the Disciplinary Committee;
(h) rules of etiquette conduct of legal practitioners;
(i) scales of fees chargeable by legal practitioners in contentious and non contentious matters;
(j) the regulation of the manner in which legal practitioners shall deal with money held by them on behalf of other persons and the accounts to be kept in respect thereof;
(k) the auditing of the accounts of legal practitioners and the qualifications of the auditors who audit those accounts;
(l) the conduct of employees;
(m) any other matter that small or maybe prescribed under this Act.
-----------------------------------------------------------
SUBSIDIARY LEGISLATION
LEGAL
PRACTITIONERS (DISCIPLINARY PROCEDURE)
RULES
ARRANGEMENT
OF RULES
RULE
1.
Interpretation
PART
I
Disciplinary
Committee Procedure Rules
2.
Complaints against legal practitioners or
employees
3.
Consideration by the
Council
4.
Referral of application or complaint to the
Committee
5.
Committee to require further representations from legal practitioners
etc.
6.
Summary dismissal of applications or
complaints
7.
Committee to fix date(s) for
hearing
8.
Period and term of notice, list of all documents,
etc.
9.
Hearings to be conducted in
private
10.
Failure to attend
hearing
11.
Witnesses may be required to attend and give
evidence
12.
Witnesses required by person making application or complaints and by person
against whom such application or complaint
made
13.
Parties may appear by
counsel
14.
Immunity of witnesses and
counsel
15.
Witnesses'
expenses
16.
The Committee may proceed and act upon evidence given by
affidavit
17.
Chairman of the Committee to preside at
meetings
18.
Orders and decisions of the
Committee
19.
Notification of orders and decisions of the Committee to parties
concerned
20.
Withdrawal of applications or
complaints
21.
Adjournment of
hearing
22.
Amendments made to applications or
complaints
23.
Record of
proceedings
24.
Service of notices
etc.
25.
Substituting service of documents,
etc.
26.
Non-compliance with
Rules
27.
Discretion of the Committee to adopt further
procedures
28.
Affidavits, etc. to be filed by the
Secretary
29.
Form of
subpoena,
30.
Restoration of Legal Practitioners to the Register of Legal Practitioners,
Cancellation of and Decisions of the
Committee
31.
Application for
restoration
32.
Referral of application to the
Committee
33.
Application to be heard by the
Committee
34.
Service of notice,
etc.
35.
Notice of
hearing
36.
Opposition to
application
37.
Procedure at
hearing
38.
Publication of terms of
restoration
39.
Costs, expenses,
etc.
40.
Restrictions on subsequent applications
SCHEDULE
Form 1-Form of application or complaint against a legal practitioner or an employeeForm 2-Form of affidavit by applicant
Form 3-Notice to produce list of documents
Form 4-Form of notice to legal practitioner by the secretary off the Disciplinary Committee
Form 5- Form of disciplinary order
Form 6-Form of subpoena ad testificandum
Form 7-Form of subpoena duces tecum
Form 8-Application for restoration to the register of legal practitioners and to the roll in the Supreme Court of Vanuatu
Form 9-Application for cancellation of variation of orders made by the Disciplinary Committee in exercise of its powers under section 9(3)(b) or section 9(4) of the Legal Practitioners Act, Cap. 119
Form 10-Notice of hearing of application for restoration to the Register of Legal Practitioner
LEGAL PRACTITIONERS (DISCIPLINARY PROCEDURE) RULES
To
provide rules of procedure to be followed in the making of complaints and for
hearings of the Disciplinary
Committee
Interpretation
1.
In these rules unless the context otherwise requires-
"Act" means the Legal Practitioners Act, Cap. 119;
"Council" means the Law Council established in accordance with section 2 of the Act;
"Committee" means dip Disciplinary Committee established in accordance with section 7 of the Act;
"employee" means a person employed by a legal practitioner in his professional practice in any capacity or a person serving a qualifying period of apprenticeship or ???U-dining with a legal practitioner in accordance with any rules or regulations made under section 15 of the Act;
"legal practitioner" means a person who is registered as a legal practitioner in accordance with the provisions of the Act;
"Secretary" means the Secretary to the Council appointed in accordance with section 4 of the Act.
PART
I
DISCIPLINARY
COMMITTEE PROCEDURE RULES
COMPLAINTS
AGAINST LEGAL PRACTITIONERS OR
EMPLOYEES
2.
(1) An application or complaint to the Secretary making any allegation of
professional misconduct or unprofessional conduct on the
part of a legal
practitioner or an employee shall be in writing under the hand of the applicant
in Form 1 m the Schedule or to the
like effect, and shall be sent to the
Secretary together with an affidavit in support thereof by the applicant Form 2
in the Schedule
or as near thereto as the circumstances will permit stating the
matters of fact on which he relies in support of his application
or
complaint:
Provided
that where the complaint is made by or on behalf of the Council the complaint
may be signed and the affidavit sworn on behalf
of the Council by the chairman
of the Council or by such other person as may from time to time be authorised by
the
Council.
(2)
Every such application or complaint shall, contain an address for
service.
(3)
Upon receipt of an application or complaint the Secretary shall in the first
instance refer such application or complaint to the
Council.
CONSIDERATION
BY THE
COUNCIL
3.
On receiving an application or complaint which, in the opinion of the Council.
is not made in accordance with the provisions of
rule 2, the Council, if it
seems to it desirable, may direct the Secretary to make further inquiry into the
matter and the Secretary
may require the applicant to resubmit the application
or complaint in accordance with the provisions of rule
2.
REFERRAL
OF APPLICATION OR COMPLAINT TO THE
COMMITTEE
4.
On receiving an which in the opinion of the is made in accordance with the
provisions of rule 2, the Council shall refer such application
or complaint to
the
Committee.
COMMITTEE
TO REQUIRE FURTHER REPRESENTATION FROM LEGAL PRACTIONERS,
ETC.
5.
(1) the substance of any application or complaint to be conveyed to the legal
practitioner or employee to whom the same refers and
any representations he may
take into account may wish mm deciding whether or not to proceed with a formal
hearing. All such representations
shall be accompanied by an address for
service.
(2)
(3)
The Committee may require the Secretary to investigate and report on an
application or complaint before it considers such application
or complaint
further.
SUMMARY
DISMISSAL OF APPLICATIONS OR
COMPLAINTS
6.
(1) Where,, upon the examination of an application or complaint, and of any
representations and report made with respect thereto,
the Committee considers
that such application or complaint does not reveal a prima facie case of
misconduct, the Committee may summarily
dismiss such application or complaint
and inform all parties
thereto.
(2)
Where the Committee summarily dismisses an application or complaint, the
Committee shall, on the request of the person making
the application or
complaint, furnish him with its reasons for such summary dismissal in
writing:
Provided
that nothing in this connection shall affect the jurisdiction which apart from
the provisions of this rule, is exercisable
by any court, or any judge or
magistrate thereof, over a legal practitioner or an employee
thereof.
COMMITTEE
TO FIX DATE(S) FOR
HEARING
7.
(1) Where, upon the examination of an application or complaint, and of any
representations and report made with respect thereto,
the Committee considers
that there is a prima facie case of misconduct, the Committee shall proceed and
conduct a
hearing.
(2)
The Secretary shall fix a day for the hearing of the application or complaint
and shall serve notice thereof upon the parties
to the proceedings, and shall
serve on each party other than the applicant a copy of the application or
complaint and the affidavit
in support thereof, and shall likewise serve a copy
of any representations made by the legal practitioner or employee concerned on
each party except
him.
(3)
There shall be at least 14 days between the service of such notice and the day
fixed therein for the
hearing.
PERIOD
AND TERM OF NOTICE LIST OF ALL DOCUMENTS,
ETC.
8.
(1) A notice under rule 7 shall be in such one of the forms set out in the
Schedule and numbered 3 and 4 as shall be appropriate,
or as near thereto as the
circumstances will permit and shall require the party to whom it is addressed to
furnish the Secretary
and to every other party at least 7 days before the date
fixed for the hearing, unless the Committee shall direct otherwise, a fist
(including full description, sufficient for identification) of all documents,
affidavits, books, papers and other written materials
on which he intends to
rely.
(2).
Subject to any directions by the Committee, any party may inspect the written
material included in the list furnished by any
other party and require such
other party to furnish him with a copy of such written material on payment
therefor at the rate of VT40
per page or part
thereof.
HEARINGS
TO BE CONDUCTED IN
PRIVATE
9.
The
Committee shall hear all applications in
private.
FAILURE
TO ATTEND
HEARING
10.
If any party fails to appear at the hearing, the Committee, may, upon proof of
service on such party of the notice hearing, if the
considers his or complaint
in his
absence.
WITNESSES
MAY BE REQUIRED TO ATTEND AND GIVE
EVIDENCE
11.
The Committee, by subpoena signed by its chairman of secretary may require any
person to attend and &c evidence before arm application
or complaint, and to
produce all books and document in that persons possession relating to the
subject matter of any such application
or
complaint.
WITNESS
REQUIRED BY PERSON MAKING APPLICATION OR COMPLAINTS AM BY PERSON AGAINST WHOM
SUCH APPLICATION OR COMPLAINT
MADE
12.
Where in respect of an application or complaint any party thereto requires the
attendance of a witness -at the hearing of such application
or complaint, such
party shall notify the Committee of the name and address "of. such witness at
least 7 days before the date set
for the
hearing.
PARTIES
MAY APPEAR BY
COUNSEL
13.
At the hearing of any application or complaint, any party thereto may be
represented by counsel or an agent nominated by
him.
IMMUNITY
OF WITNESSES AND
COUNSEL
14.
Witnesses and counsel shall have the same privileges and immunities in relation
to applications and complaints made m- accordance
with the Act as if they were
proceedings in a court of
law.
WITNESSES'
EXPENSES
15.
Every witness giving evidence or attending to give evidence at the hearing of
any application or complaint shall be entitled in
the discretion of the
Committee to such sum for his expenses and loss of time as the Committee may
determine.
THE
COMMITTEE MAY PROCEED AND ACT UPON EVIDENCE GIVEN BY
AFFIDAVIT
16.
The Committee may, in its discretion, either as to the whole case or as to any
particular fact or facts, proceed and act upon evidence
given by
affidavit:
Provided
that any party to the proceedings may require the attendance upon subpoena of
any deponent to any such affidavit for the
purposes of giving oral evidence,
unless the Committee is satisfied that the affidavit is purely formal or that
the content thereof
may be disregarded, or that the requirement of the
attendance of the deponent is made with the sole object of causing
delay
CHAIRMAN
THE COMMITTEE TO PRESIDE AT
MEETINGS
17.
(1) Subject to paragraph (2) the chairman of the Committee shall preside at all
meetings of the
Committee.
(2)
Notwithstanding the provisions of paragraph (1) where the chairman is absent the
members of the Committee present shall elect
one of them to act as chairman for
that meeting or
hearing.
ORDERS
AND DECISIONS OF THE
COMMITTEE
18.
(1) Every order or decision made by the Committee in exercise of its powers
under subsections (3), (4) and (5) of section 9 of the
Act shall be signed by
the person acting as chairman of the Committee at the meeting when the order or
decision was made or, if he
is not available, by some other member of the
Committee present at the meeting when, the order was
made.
(2)
Every such order or decision shall contain a record of the proceedings including
the evidence given there at and the statement
of the findings of the Committee
in relation to the
case.
(3)
Every document purporting to be an order or decision the Committee and to be
signed Committee in the absence of proof to the contrary
be deemed to be a .....
or decision without ... of signature, or proof that the person signing the of
the making thereof or order
was in fact the chairman or a member of the
Committee entitled to sign the order or
decision.
(4)
An order made by the Committee in respect of its powers under section 9 of the
Act shall be in Form 5 in the Schedule as shall,
be appropriate, or as near
thereto as the circumstances will
permit.
NOTIFICATION
Of ORDERS AND DECISIONS OF THE COMMITTEE TO PARTIES
CONCERNED
19.
The Committee shall cause a copy of any order or decision of the Committee to be
sent to each party affected thereby or interested
therein and to the Attorney
General and the Registrar of the Supreme Court within 4 days after it shall have
been drawn up and signed
in accordance with rule
18.
WITHDRAWAL
OF APPLICATIONS OR
COMPLAINTS
20.
(1) No application or complaint shall be withdrawn after a Disciplinary
Committee has been appointed to investigate and hear such
application or
complaint except with the leave of the
Committee.
(2)
The Committee may exercise its powers under this rule upon such terms as to
costs or otherwise as it shall think
fit.
ADJOURNMENT
OF
HEARING
21.
The Committee may of its own motion, or upon the application of any party,
adjourn any hearing upon such terms as to costs or otherwise
as the Committee
shall think
fit.
AMENDMENTS
MADE TO APPLICATIONS OR
COMPLAINTS
22.
If, at any stage of the proceedings, the Committee considers that any allegation
ought to be amended, or added to, or replaced by
some other allegation, the
Committee may permit such amendment, addition or replacement, and if in its
opinion such amendment, addition
or replacement is not within the scope of the
affidavit referred to in rule 2 may require the same to be embodied in a further
affidavit:
Provided
that if such amendment, addition or replacement shall be such as, in the opinion
of the Committee, to be likely to take any
party by surprise or to prejudice the
conduct of his case , the Committee shall grant an adjournment of the hearing
upon such terms
as to costs or otherwise as it shall think
fit.
RECORD
OF
PROCEEDINGS
23.
(1) A shorthand or other note of proceedings may be taken by the Secretary or by
a person appointed by the Committee; and any party
who appeared at the
proceedings shall be entitled to inspect the transcript
thereof.
(2)
The Secretary shall, if required, supply to any person entitled to be heard upon
an appeal against an order of the Committee and
to the Council, but (except on
the direction of the Council) to no other person, a copy of the transcript of
such notes on payment
therefor of such charges, not exceeding VT40 per page, as
the chairman of the Committee may
direct.
SERVICE
OF NOTICES
ETC.
24.
(1) Service of any notice or document may be by letter and such service shall be
deemed to be effected at the time when the letter
would be ordinarily course of
fit.
(2)
Service shall be effected at
(a) the address for service (if any) furnished by the person to be notified to the Council; or
(b) at the last known postal address of his principal office address or place;
(c) in any other case at the last known postal address or place of abode of the person to be served:
Provided
that every subpoena shall be personally
served.
SERVICE
OF
DOCUMENT
25.
The Committee may make- orders for substituting service of any document, and
shall have M power to re-open and re-hear any matter
in which it is proved or
alleged that service was not
effected.
NON-COMPLIANCE
WITH
RULES
26.
Non-compliance with any of these rules shall not render any proceedings void
unless the Committee shall so direct, but the proceedings
may be set aside
either wholly or in part as irregular, or amended, or otherwise dealt with, in
such manner and on such terms as
the Committee thinks
fit.
DISCRETION
OF THE COMMITTEE TO ADOPT FURTHER
PROCEDURES
27.
The Committee may extend the time for doing anything under these rules and,
subject to the provisions of these rules, where no procedure
is laid down with
respect to any matter, the Committee may adopt such procedure as it thinks
fit.
AFFIDAVITS,
ETC. TO BE FILED BY THE
SECRETARY
28.
(1) All affidavits shall be filed and kept by the
Secretary.
(2)
The Committee may order that any books, papers, or other exhibits, produced or
used at any hearing, shall be retained by the Secretary
for such time as the
Council or the Committee may
require.
FORM
OF
SUBPOENA
29.
A subpoena issued in accordance with rule 11 shall be in Forms 6 or 7 set out in
the Schedule as
appropriate.
COSTS
AND RECOVERY OF PENALTIES AND
COSTS
30.
(1) The Committee may make such orders as to costs on any matter relating to
applications or complaints made thereto as it think
fit.
(2)
Any sum ordered by the Committee to be paid by way of penalty or costs or
expenses under these rules shall be deemed to be a debt
due by the person
ordered to pay it to the person to whom it is ordered to be paid, and shall be
recoverable accordingly in any court
of competent jurisdiction.
PART
IIRESTORATION OF LEGAL
PRACTITIONERS
TO
THE REGISTER OF LEGAL
PRACTITIONERS,
CANCELLATION
OF ORDERS AND DECISIONS OF THE COMMITTEE
APPLICATION
FOR
RESTORATION
31.
(1) An application in accordance with section 11(1) of the Act for restoration
to the Register of Legal Practitioners shall be made
to the Council in the first
instance and shall be in writing in Form 8 set out in the Schedule as shall be
appropriate, or as near
thereto as the circumstances
permit.
(2)
An application in accordance with section 11(2) of the Acts shall be made to the
Council in the first instance and shall be in
writing in Form 9 in the Schedule
as shall be appropriate, or as', near thereto as the circumstances
will.
(3)
The contents of any application made under this rule shall be verified by
affidavit.
(4)
The application and the affidavit in support together with 2 copies of each,
shall be lodged with the
Secretary.
REFERRAL
OF APPLICATION TO THE
COMMITTEE
32.
On receiving an application pursuant to rule 31 which, in the opinion of the
Council, is made in accordance with the provisions
of that rule, the Council
shall refer such application together with its comments thereon to the Committee
or, if there is no Committee
for the time being in existence, the Council shall
appoint a Committee and refer such application
thereto.
APPLICATION
TO BE HEARD BY THE
COMMITTEE
33.
Any application made in accordance with rule 31 shall be heard by the Committee
in private not less than 1 month after the lodging
of such application with the
Secretary.
SERVICE
OF NOTICE,
ETC.
34.
The Secretary shall, not less than 14 days before the date fixed for the hearing
of an application made under rule 31, serve upon
the Attorney General and the
Registrar of the Supreme Court 1 copy of each of the application and the
affidavit in support
thereof.
NOTICE
OF
HEARING
35.
An applicant who applies in accordance with rule 31 shall, not less than 21 days
before the date of hearing cause notice of hearing
in Form 10 in the Schedule as
shall be appropriate, or as near thereto as the circumstances will permit to be
advertised in 2 consecutive
issues of the Gazette and of such other newspaper
published and circulating in Vanuatu as may be directed by the
Council.
OPPOSITION
TO
APPLICATION
36.
Any person who wishes to oppose an application made under this Part shall set
out in writing the grounds upon which he relies and
shall within 7 days of the
date of the last publication of the notice referred to in rule 35, lodge such
written grounds with the
Secretary and send a copy thereof by registered post to
the applicant at the address for service, given by him in his
application.
PROCEDURE
AT
HEARING
37.
(1) At the hearing of an application made under this Part, after the applicant
and the Attorney General or his representative has
been heard, any other person
who has lodged grounds of objection under rule 36 will be entitled to be heard
either personally or
by
counsel.
(2)
Unless otherwise directed by the Committee evidence may be given on affidavit as
provided by rules of
court.
PUBLICATION
OF TERMS OF
RESTORATION
38.
If the Committee shall order that the name of the applicant who applies under
this Part be 1 copy of the Gazette and in 1 copy of
such newspaper published and
circulating in Vanuatu as may be directed by the Committee, details of the terms
upon which order of,
restoration has
been
COSTS,
EXPENSES,
ETC.
39.
The Committee may make an Order for the payment of costs by any
party.
No
further application for restoration to the Register of Legal Practitioner's may
be made by the applicant within 6 months after
the date of any refusal of a
previous application to restore his name to the Register of Legal.
Practitioners
_________________________
SCHEDULE
Form
1
(Rule
2)
FORM
OF APPLICATION OR COMPLAINT
AGAINST
A
LEGAL PRACTITIONER OR AN EMPLOYEE
To
the Law Council
In the matter of C.D., a Legal Practitioner
and
In the matter of the Legal Practitioners Act, Cap. 119 and the Legal Practitioners (Disciplinary Procedure) Rules.
I,
the undersigned A- B., hereby make
application-
1.
(a) that C.D., of............................................................,
Legal Practitioner may be required to answer the
allegations contained in the
affidavit which accompanies this
application,
(b)
that such order may be made as the circumstances may
require.
2.
My address for service is as
follows-
........................................................................................................................................
........................................................................................................................................
In
witness whereof I have hereunto set my hand this ...........day
of................................
of.............
Signature:
.......................................................................
Address:
.........................................................................
........................................................................................
Business
or profession:...................................................
........................................................................................................................................
Form
2
(Rule
2)FORM
OF AFFIDAVIT BY APPLICANT
In
the matter of C.D., a Legal PractitionerandIn the matter of the Legal
Practitioners Act, Cap. 119 and the Legal Practitioners (Disciplinary Procedure)
Rules
I,
A B. (Insert full name, address and description) make oath and say as
follows-
1.
(Here state the facts concisely in numbered paragraphs and show deponent's means
of
knowledge).
Sworn,
etc.
..................................................................................................................
Form
3
(Rule
8)NOTICE
TO PRODUCE LIST OF DOCUMENTS
Disciplinary Committee Cause No. ......................of 19....................
In the matter of C.D., a Legal Practitioner
and
In the matter of the Legal Practitioners Act, Cap. 11 and the Legal Practitioners (Disciplinary Procedure) Rules.
To
A.B ..........................................................................
of
.......................................................
1.
The.......................................day
of...................................................,19................................
is the day fixed by the Disciplinary Committee for the formal investigation or
hearing of your application or complaint in respect.
of CID., a legal
practitioner.
2.
The Disciplinary Committee will sit at
........................................... at .................................
o'clock
in the ......................................
noon.
3.
You are required to furnish to every other party to the application or complaint
and to me at least 7 days before the said .......................
day of
......................., 19 ........................, a list (including a full
description, sufficient for identification)
of all documents on which you
propose to
rely.
4.
Subject to any directions of the Disciplinary Committee any party may inspect
the documents included in the list furnished by any
other party and require to
be supplied with copies thereof on payment of the proper
charges.
5.
If any party fails to appear, any party appearing and being desirous of the
Disciplinary Committee proceeding in the absence of
the party not appearing must
be prepared to prove service, in accordance with the rules, of the fist of
documents and any other notice
or correspondence since the lodging of the
application or
complaint.
6.
You are requested to acknowledge receipt of this notice without
delay.
Dated
at
.................................... this
....................................... day of
........................................,
19
.......................
......................................................................
Secretary
of the Disciplinary
Committee
Address:
........................................................
.......................................................................
.......................................................................
(Note:
"Documents" includes affidavits, books, papers and other written
material)
............................................................................................................................
Form
4
(Rule
8)
FORM
OF NOTICE TO LEGAL PRACTITIONER BY THE SECRETARY OF
THE
DISCIPLINARY
COMMITTEE
Disciplinary
Committee Cause No .......................... of 19
....................
In the matter of CID., a Legal Practitioner
and
In the matter of the Legal Practitioners Act, Cap 119 and the Legal Practitioners (Disciplinary Procedure) Rules.
To
CD., of
....................................................................................................................
Legal
Practitioner.
1.
Application. or complaint has been made by A.B., of
................................................................ to the
Secretary
that you may be required to answer the allegations contained in the
affidavit whereof a copy accompanies this notice (and that your
name may be
struck off the Register of Legal Practitioners or that such order may be made as
circumstances may
require).
2.
A Disciplinary Committee has been duly appointed to conduct formal hearing
thereof.
3.
The ..................................day of
........................................., 19 is the day fixed by the
Disciplinary
Committee for the formal hearing. The Disciplinary Committee Will
sit at ........................................... at
..................................
o'clock in the
................................................ noon. If you fail to appear the
Disciplinary Committee may, in accordance
with the Rules, proceed in your
absence.
4.
You are required to furnish to every other party to the application or complaint
and to me at least 7 days before the said ..............................day
of
................................., 19 ....................., a fist (including a
full description sufficient for identification)
of all documents on which you
propose to
rely.
5.
Subject to any directions of the Disciplinary Committee, any party may inspect
the documents included in the fist furnished by
any other party and require to
be supplied with copies thereof on payment of the proper
charges.
6.
Unless and until you inform me in writing to the contrary, stating an
alternative address for service, your address will be taken
to
be:
.......................................................................................................................................................
.......................................................................................................................................................
being
the address of your principal office as registered with the Law
Council.
7.
You are requested to acknowledge the receipt of this notice without
delay.
Dated
at
............................................ this
..................................day of ...........................,
19........
................................................................
Secretary
of the Disciplinary
Committee
Address:
.................................................
................................................................
..................................................................................................
Form
5
(Rule
18)
FORMS
OF DISCIPLINARY ORDER
Disciplinary
Committee Cause No .................................. of 19
.......................
In the matter of C.D., a Legal Practitioner
and
In the matter of the Legal Practitioners Act, Cap. 119 and the Legal Practitioners (Disciplinary Procedure) Rules.
WHEREAS:
1.
Complaint was made by
..............................................................of
......................................................
to the Secretary of the
Law Council of the conduct of CARD., a legal practitioner in his professional
capacity;
2.
A Disciplinary Committee, consisting of the following persons-
...................................................................................(chairman)
..................................................................................
..................................................................................
..................................................................................
..................................................................................
was
appointed by the Law Council on the
............................................day of
...........................................................
19
..........................to hear and investigate the
complaint;
3.
The Disciplinary Committee having heard and investigated the complaint (there
being annexed hereto, as part of this order, a record
of the proceedings
including the evidence given
thereof);
4.
Upon such hearing and investigation the Disciplinary Committee finds the
complaint proved (or not proved) (delete where not
appropriate);
NOW
THEREFORE THE DISCIPLINARY COMMITTEE MAKES THE FOLLOWING
ORDERS
1.
.................................................................................................................................................
2.
.................................................................................................................................................
3.
.................................................................................................................................................
4.
.................................................................................................................................................
(Here
insert the orders made including any orders as to costs and payment of expenses
for loss of time of
witnesses).
Chairman
of the Disciplinary
Committee
MADE
at ........................................... this .................... day of
............................, 19 ...............
..........................................................................
Chairman
of the Disciplinary
Committee
(or
member of the Committee)
Address...............................................................
............................................................................
.............................................................................................................
Form
6
(Rule
29)
FORM
OF SUBPOENA AD TESTIFICANDUM
Disciplinary
Committee Cause No. ......................................... of 19
.......................
In the matter of C.D., a Legal Practitioner
and
In the matter -of the Legal Practitioners Act, Cap. 119 and the Legal Practitioners
(Disciplinary) Rules.
To
................................................................. of
............................................................................
You
are hereby required to attend before a Disciplinary Committee constituted under
the
Legal
Practitioners
Act, Cap. 119 at .................................. on the
........................... day of ........................... ,19
...................
at the hour of ........................in the
..........................noon, and so from day to day until the application in
the
above matter is heard, to give evidence on behalf of
...................................
And
herein M???
not.
Given
under my hand at ............................ this ..................... day of
............................ 19 ......
............................................................................
Chairman of the Disciplinary Committee
Address:..............................................................
............................................................................
............................................................................
......................................................................................
Form
7
(Rule
29)
FORM
OF SUBPOENA DUCES TECUM
Disciplinary
Committee Cause No. ...................................... of 19
..........
In the matter of C.D., a Legal Practitioner
and
In the matter of the Legal Practitioners Act, Cap. 119 and the Legal Practitioners (Disciplinary) Rules.
To
............................................................................. of
..........................................................................
You
are hereby required to attend before a Disciplinary Committee constituted under
the Legal Practitioners Act, Cap. 119 at
............................................. on the
............................................ day of
.....................................,
19 ............... at the hour of in the
noon, and so from day to day until the application in, the above matter is
heard, to give
evidence on behalf of
.............................................., and also to bring with you and
to produce at the time and place
aforesaid-
(specify documents to be produced)
And
herein fail
not.
Given
under my hand at ....................... this
..................................day of.................................., 19
.............
..............................................................................
Chairman
of the Disciplinary
Committee
Address:
................................................................
..............................................................................
..............................................................................
............................................................................
Form
8(Rule
31(1))APPLICATION
FOR RESTORATION TO THE REGISTER OF LEGAL
PRACTITIONERS
AND
THE ROLL IN THE SUPREME COURT OF VANUATU
In the matter of C.D., of ..............................................................................................
and
In the matter of the Legal Practitioners Act, Cap. 119,
and
In the matter of the Legal Practitioners (Disciplinary Procedure) Rules,
and
In the matter of an application for restoration to the Register of Legal Practitioners and to the Roll of the Supreme Court by ........................................................... (Applicant).
TO
THE SECRETARY OF THE LAW COUNCIL OF
VANUATU
The
application by the applicant says as
follows-
1.
The applicant was on the ...............................................day of
................................................19
.................., duly
registered and admitted ......................................................
as in accordance with the
provisions of the Legal Practitioners Act, Cap.
119.
2.
The name of the applicant was on the ................................day of
........................................, 19 ............,
struck off the
Register of Legal Practitioners and the Roll of the Supreme
Court.
3.
The applicant seeks to have his name restored to such Register and
Roll.
4.
Since the date the applicant's name was struck off the Register and Roll he has
been engaged in the following
activities-
(Here
set out dates and particulars of employment and activities in the
period).
5.
References as to character may be made to the following
persons-
(Here
set out names of at least three character
referees).
6.
The applicant's address for service
is:
Dated
at .............................. this ................................... day
of .................................., 19 ....................
...............................................................
Applicant's
Name and Signature
................................................................................
Form
9
(Rule
31(2)
APPLICATION
FOR CANCELLATION OF VARIATION THE ORDERS
MADE
BY
THE DISCIPLINARY COMMITTEE IN EXERCISE OF SECTION
9(3)(b)
OR
SECTION 9(4) OF THE LEGAL PRACTITIONERS ACT, CAP. 119
In
the matter of
....................................................................................................................
and
In
the matter of the Legal Practitioners Act, Cap.
119,
And
In
the matter of an application for cancellation or variation of orders by
......................................
(Applicant)
TO
THE SECRETARY OF THE LAW COUNCIL OF
VANUATU
The
application by the applicant says as follows-
1. (a) The applicant was on the ......................... day of ..............................., 19 ............................, duly registered and admitted as in accordance with the provisions of the Legal Practitioners Act, Cap. 119.
*(b) The applicant was during the period commencing on the ..................................day of ............................ 19 ........, up to the .........................day of ..............................., 19 ..................., engaged as an employee of the firm of .................................(* delete if not appropriate).
2.
On the ...............................day of
........................................., 19 ...........the Disciplinary
Committee
made the following order(s) against the.
applicant.
3.
Since the date on which such order(s) was made, the applicant has been engaged
in the following
activities-
(Here
set out dates and particulars of employment and activities in the
period).
4.
References as to character may be made to the following
persons-
(Here
set out the names of at least three character
referees).
5.
The applicant seeks to have such order(s) cancelled or revoked or varied as the
Disciplinary Committee shall consider
just.
6.
The applicant's address for service
is:
Dated
at....................................this..................... day of
.................................., 19............
....................................................................
Applicant's
Name and Signature
.......................................................................................................................
Form
10
(Rule
35)
NOTICE
OF HEARING OF APPLICATION FOR
RESTORATION
TO
THE REGISTER OF LEGAL PRACTITIONERS
1.
Notice is hereby given that .............................................. of
.............................................................
has lodged an
application seeking the restoration of his name to the Register of Legal
Practitioners and that the application will
be heard by the Disciplinary
Committee at
.........................................on.................................day
of ........................,
19 ..........,at ..............................
o'clock in
the.......................noon.
2.
Any person wishing to show cause why the application should not be granted may
lodge with the Secretary of the Law Council at Port
Vila within 7 days of the
date of last publication of this notice a written statement of the grounds of
his objection in which case
he shall forward to the applicant by registered post
'a copy of such written statement. If such a statement is lodged within the
time
specified herein, the objector win be entitled to appear either personally or by
legal practitioner and be heard on the hearing
of the
application.
Dated
at ......................... this ............................. day of
.....................................19 ..........
..............................................................................
Secretary
of the Disciplinary
Committee
Address:
................................................................
..............................................................................
..............................................................................
.......................................................................................
Form
10
(Rule
35)NOTICE
OF HEARING OF APPLICATION FOR
RESTORATION
TO
THE REGISTER OF LEGAL PRACTITIONERS
1.
Notice is hereby given that ......................................... of
................................................................has
lodged an
application seeking the restoration of his name to the Register of Legal
Practitioners and that the application will be
heard by the Disciplinary
Committee at .............................................. on
...................................... day
of ...............................,
19 ............... at ........................ o'clock in the
...........................
noon.
2.
Any person wishing to show cause why the application should not be granted may
lodge with the Secretary of the Law Council at Port
Vila within 7 days of the
date of last publication of this notice a written statement of the grounds of
his objection in which case
he shall forward to the applicant by registered post
a copy of such written statement. If such a statement is lodged within the time
specified herein, the objector will be entitled to appear either personally or
by legal practitioner and be heard on the hearing
of the
application.
Dated
at .............................. this .......................................
day of ....................................., 19
....................
.........................................................................................
Secretary
of the Disciplinary
Committee
Address:
...........................................................................
..........................................................................................
..........................................................................................
_________________________
SUBSIDIARY LEGISLATION
LEGAL
PRACTITIONERS' (DISCIPLINARY APPEALS) PROCEDURE
RULES7 Nov.
1985
ARRANGEMENT
OF RULES
RULE
1.
Interpretation
2.
Appeal to Supreme Court by notice of
motion
3.
Notice of motion to be lodged at the Registry
4.
Period of time in which to enter and serve notice of
motion
5.
Record of proceedings in which the order or decision appealed against was
made
6.
Listing of the
appeal
7.
Any other person considered a proper person to appear may appear at
hearing
8.
Extension of time, amendment of grounds of appeal,
etc.
9.
Chief Justice may order that evidence be taken
again
10.
Powers of the
Committee
11.
Powers of the Chief Justice on
appeal
12.
Security for
costs
13.
Discontinuation of
appeal
14.
Fees to be
charged
15.
Rules of practice and procedure before the Supreme Court to apply when no
provisions therefor is made m these rules
_______________________
LEGAL
PRACTITIONERS' (DISCIPLINARY APPEALS) PROCEDURE RULES
To
provide rules of procedure for appeals against orders and decisions of the
Disciplinary
Committee.
INTERPRETATION
1.
In these rules unless the context otherwise requires-
"Act" means the Legal Practitioners Act CAP 119;
"Council" means the Law Council established in accordance with section 2 of the Act;
"Committee" means a Disciplinary Committee appointed in accordance with section 7 of the Act;
"Chief Justice" means the Chief Justice of the Supreme Court of Vanuatu or a Judge of the Supreme Court who is acting in such capacity;
"Registrar" means the Registrar of the Supreme Court of Vanuatu;
"Registry" means the Registry of the Supreme Court;
"Secretary" means the Secretary to the Council appointed in accordance with section 4 of the Act.
APPEAL
TO SUPREME COURT BY NOTICE OF
MOTION
2.
An appeal against any order or decision of a Committee shall be by notice of
motion, which shall state the grounds of appeal and
whether the appeal is from
all or part only of the order or decision. Unless the Chief Justice otherwise
orders, the notice of motion
shall be served on every party to the proceedings
before the Committee and also on the Secretary and the Attorney
General.
NOTICE
OF MOTION TO BE LODGED AT THE
REGISTRY
3.
(1) The appellant shall enter the appeal by lodging a copy of the notice of
motion at the
Registry.
(2)
The notice of motion and all other documents relating to the appeal shall be
intituled "Re a Legal Practitioner" or, "Re an Employee
of a Legal
Practitioner", as the case may be, (without naming him) and in the matter of the
Act.
PERIOD
OF MOTION WHICH TO ENTER AND SERVE NOTICE OF
MOTION
4.
The notice of motion shall be served and the appeal entered within 15 days after
the date on which the appellant is notified of the
order or decision against
which the appeal is
brought.
RECORD
OF PROCEEDINGS IN WHICH THE ORDER OR DECISION APPEALED AGAINST WAS
MADE
5.
(1) The
Secretary shall, within 7 days after the service upon him of the notice of
motion, lodge at the Registry the record of the
proceedings in which the order
or decision appealed against was made, including the evidence given thereat and
the statement of the
findings of the Committee in relation to the
case.
(2)
The appellant and every other party affected by, or interested in, the order or
decision shall be entitled upon payment of the
fees prescribed in rule 14 to
obtain from the Registrar a copy of the documents lodged by the Secretary in
accordance with subrule
(1), the Chief Justice may in his discretion waive
payment of such fees by the appellant or any other
party.
LISTING
OF THE
APPEAL
6.
(1) The
Registrar shall list the appeal for hearing in accordance with such directions
as the Chief Justice may
give
(2)
The appeal shall be heard in chambers unless the Chief Justice, upon the
application of any party affected by or interested in
the order or interested in
the order or decision appealed against, shall order that it be heard in open
court.
ANY
OTHER PERSON CONSIDERED A PROPER PERSON TO APPEAR MAY APPEAR AT
HEARING
7.
Any person who desires to be heard on motion and appears to the Chief Justice to
be a proper person to be heard shall be heard not
withstanding that has not been
served with the notice of motion and such order as to costs and expenses may be
made-for or against
him as the Chief Justice shall think
just.
EXTENSION
OF AMENDMENT OF GROUNDS OF APPEAL,
ETC.
8.
The Chief Justice shall have power to, grant leave` to amen the grounds of
appeal, to extend the time limited by rule (1), and to
make any other order
relating to the appeal, or such terms as he shall think
just.
JUSTICE
MAY ORDER THAT EVIDENCE BE TAKEN
AGAIN
9.
(1) The Chief Justice may, if he think it necessary or expedient in the
interests of justice-
(a) order any person who would have been a compellable witness at the hearing before the Committee to attend and be examined before him; or
(b) order the evidence of such witness to be taken by affidavit, whether such witness was or was not called at such hearing; or
(c) direct the, Committee to receive the evidence of any person who would have been a compellable witness at the hearing before it but did not give evidence and to furnish a report in writing stating whether if they had received that evidence before making their findings and their order or decision, their findings or their order or decision would have been in any way different from what they were and, if so, what they would have been.
(2)
(a) The Chief Justice may, with or without application, direct the Committee to
furnish a report in writing giving their opinion
upon any point or question
arising in the case or upon appeal;
(b) The Registrar shall forthwith notify the Secretary of such direction;
(c) The report of the Committee shall be lodged by the Secretary at the Registry and a copy thereof shall be served by, or under the authority of, the Registrar on every party to the appeal.
POWERS
OF THE
COMMITTEE
10.
(1) If, in
exercise of his powers under rule 9(1)(c), the Chief Justice directs the
Committee to receive the evidence of any person,
the Committee shall have the
like power of compelling the attendance of such person as is exercisable by a
Committee in respect of
the attendance of witnesses under the provisions of the
Legal Practitioners (Disciplinary Procedure) Rules including any amendment
thereto.
(2)
The report of the Committee shall be lodged, together with the record of the
additional evidence, by the Secretary at the Registry,
and a copy of such report
and record shall be served by, or under the authority of, the Registrar on every
party to the
appeal.
(3)
Rule 5(2) shall apply, mutatis mutandis, in respect of every such report and
record.
POWERS
OF THE CHIEF JUSTICE ON
APPEAL
11.
(1) On the hearing of the appeal the Chief Justice shall have power to draw
inferences of fact and may-
(a) allow or dismiss the appeal;
(b) vary the order or decision in such manner as he shall think fit;
(c) quash the order or decision and remit the matter to the Committee, or to a differently constituted Committee, for the application or complaint to be investigated and heard de novo;
(d) make any order or decision which ought to have been made or given, and make such further or other orders as the case may require including an order as to the costs and expenses of and incidental to the investigation and the appeal.
(2)
The powers of the Chief Justice under subrule (1) may be exercised
notwithstanding that the notice of appeal has not been given
in respect of any
particular part of the order or decision appealed
against.
SECURITY
FOR
COSTS
12.
Where the applicant or complainant in the proceedings before the Committee is
the appellant, the Chief Justice may make such order
as he shall think just for
the giving by the appellant of security for costs and expenses of and incidental
to the
appeal.
DISCONTINUATION
OF
APPEAL
13.
An appellant may at any time discontinue his appeal by serving notice of such
discontinuance on the Secretary and on every other
party to the appeal and, if
the appeal has been entered, lodging a copy of the notice in the Registry. The
appeal shall thereupon
be treated as having been dismissed with an order for
payment by the appellant of the costs and expenses of and incidental to the
appeal, including any costs incurred by any Committee concerned therewith or by
the
Council.
FEES
TO BE
CHARGED
14.
The fees to be charged for copies of documents provided to the appellant and the
other parties by the Registrar shall be the same
as the fees prescribed by the
Rules of the Supreme Court for providing copies of documents filed in the
Supreme
Court.
RULES
OF PRACTICE AND PROCEDURE BEFORE THE SUPREME COURT TO APPLY WHEN NO PROVISIONS
THEREFOR IS MADE IN THESE
RULES
15.
Subject to the foregoing provisions of these Rules, appeals to the Supreme Court
against any order or decision of a Committee shall
be governed by the practice
and procedure for the time being of the Supreme Court in the exercise of its
original jurisdiction in
civil proceedings.
-------------------------------------------
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