Debate VS submission in Court

What’s the difference? What is debate? [1] According to the Oxford English Dictionary, debate is “a formal discussion on a particular matter in a public meeting or legislative assembly, in which opposing arguments are put forward and which usually ends with a vote.” A debate is often conducted with a moderator and an audience, in addition to the debate participants. [2] Logical cRead More…

About S33A and 33B Insolvency Act and Case Law

The Act in brief [1]
S33A of Insolvency Act confers the power of discharge of bankrupt to Director
General of Insolvency (DGI). The section says that as the DGI may, in his
discretion but subject to section 33B, issue a certificate discharging a
bankrupt from bankruptcy after five years of the adjudgment of bankruptcy
order. [2]
A notice of his intention to issue the certificate should be Read More…

What comes after liquidation

Does the company cease operations immediately? [1]
A company can enter into liquidation procedure in two manners, by voluntary liquidation andmembers’ voluntary
winding up (Section 432(2)(a) of the Companies Act 2016);creditors’ voluntary
winding up (Section 432(2)(b) of the Companies Act
2016) compulsory liquidation (Section
464 of the Companies Act 2016). [2]
In each circumstance, Read More…

Documents Delivery Channel

My apologies that the hand phone screen is too small to read letters/ documents. We cannot read it in Whatsapp People like to use whatsapp like a scanner… 😉 WhatsApp will automatically compress the resolutions of all photos *The resolution is too low to read things, especially after printing. * For documents shared in WhatsApp, it will clog up the chats and eventually leaRead More…

‘Masa menjadi asas’

English Version Masa bergerak terlalu pantas dan artikel ini merupakan
tugasan terakhir yang perlu saya selesaikan  sebelum saya meninggalkan firma guaman ini.
Satu bulan yang sungguh mencabar namun sangat memberi inspirasi kepada saya
yang merupakan pelajar praktikal di Alex Chang & Co. Namun begitu, saya tetap
menikmati masa yang terluang  di sini
bagi menimba ilmu dan pengalamRead More…

‘Time is of the essence’

Versi Bahasa Melayu. Time flew so fast and this essay is actually my last tick on
my to-do list before I leave the firm very soon. It had been a challenging yet
an inspiring one-month working as an attachment student at Alex Chang & Co.
Nevertheless, I enjoyed my days working here and learnt a lot throughout the
process. FIRST
THING FIRST On my very first day, I learned that every sRead More…

The Importance of Court Deportment

Stepping out of my comfort zone, I applied for my first ever attachment here at Alex Chang & Co (hereinafter ACC). Short but worth it. Fruitful and rewarding. ACC was a great platform for me to gain deeper insights into the legal field. During my tenure of attachment, I gained invaluable insight of the inner workings of a legal firm. The attachment definitely gave me a taste of what I want toRead More…

Closure of Kedah Courts in conjunction with EMCO 11 Sept 2020

Please note that Kedah courts will be closed. The following notice is from the Bar Council dated 11 September 2020. To Members of the Malaysian Bar and pupils in chambers, Court-Related Matters During the Administrative Enhanced Movement  Control Order (“EMCO”) in Alor Setar, Kedah We draw Members’ attention to the
announcement by the Senior Minister (Security Cluster) and DefencRead More…

TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) BILL 2020

The Bill, tabled by Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan for first reading at the Dewan Rakyat on Wednesday (Aug 13), is to support the Prihatin Rakyat Economic Stimulus Package, Prihatin SME Economic Stimulus Package and the Short-Term Economic Recovery Plan announced recently by the Prime Minister. The Bill, if approved, will modify 16 legislations.   Read More…

Hearings at the Court of Appeal during the RMCO

It
was my first-time visiting the Court of Appeal and I have been privileged
enough to be given this chance to visit it during the RMCO, hence, there are a
few rules we had to abide by. My first court experience was everything I
imagined and more. I witnessed first-hand how counsels present their cases
right before the judges. Moreover, I even got to assist my colleague, Miss Ng
in handing over tRead More…

Goodbye, Thank you Nicholas Lee Heng Jin

An Insight into My Attachment at Alex Chang &
Co Entering the Firm My attachment
here at Alex Chang & Co this past month has been a fruitful experience. After
just ending my first year of law school, I was eager to gain a better insight
into the legal industry. I was highly curious as to the operations of a law
firm and how proceedings took place in court. However, due to the unpreRead More…

Judgment-Debtor

Judgment Debtor Summons

Introduction to Judgment Debtor Summons A judgment debtor summon is an enforcement procedure for the
recovery or payment of money. For instance, if a defendant fails or refuses to pay a judgment sum
worth RM25000, then a judgment debtor summons will be taken out against the
defendant. The defendant will then be known as the judgment debtor who is the
person against whom the judgment or ordRead More…

Garnishee Proceedings

What are Garnishee
Proceedings? A garnishee proceeding is
a form of judgment enforcement procedure used to pursue judgment debts, normally
when a respondent fails to comply with a monetary judgment obtained by a
claimant. The rules governing these
proceedings are provided under Order 49 of the Rules of Court 2012.  The three parties generally
involved are the judgment creditor, juRead More…

UK University and Online Examinations In Malaysia Thanks to COVID-19 Lee Nicholas Heng Jin

Journeying Back from Pursuing an Education in the UK due
to COVID-19 – A Personal Experience Closure of the
University It is well-known that the journey of many students studying
overseas including my own was cut short due to the pandemic. My university –
The University of Sheffield had announced its closure after a report was
released stating that a faculty member of the architecture deRead More…

A Letter to My 17-Year-Old Self Ng An Ni

I
was introduced to the article written by Mr Chan Wai Lun recently, which the
title of this article of mine is a duplication of his, I find that it is so
much so of a déjà vu. I
realize that I have always been living on the track preset. Never once would I
cross beyond the boundaries. I love to stay in my own shell that Mr Chang would
joke that I’m
from Mars and coming for a visit now to Read More…

Kelly Lim Chia Li

2 weeks with Alex Chang & Co. Kelly Lim Chia Li

My 2 weeks in Alex Chang & Co was a memorable experience. I applied for a pupillage position through the Alex Chang & Co website and I had to go through a 2 weeks mini Pupillage session first. On my first day, I was already given the task to do some case research. Bear in mind, this is a litigation firm so there’s a lot of case researching as well as a lot of drafting. With the guidanRead More…

Tee Kai Yan

Experience at the firm Tee Kai Yan

With
the ebb and flow of time, 3 weeks flew by in an instant. Strong feelings of
fear of the unknown transformed into heartfelt gratitude and respect for
everyone who has added to my 3 meaningful weeks with Alex Chang & Co. During
my time with the firm, I have had meaningful experiences and learnt many
practical skills which I will keep with me during my (hopefully) lengthy legal
journey.Read More…

为什么在马来西亚打官司

English Version “我不还,你能怎样?告我吗?” 的确,在马来西亚,面对欠债不换的债务人唯一方法是起诉债务人。 债,对债务人及债权人都是个巨大的问题,在马来西亚也不例外。这篇文章将会证明在马来西亚,打官司是最有效的讨债方式。 马来西亚人对债的文化 在一个
Euler Hermes 的研究Read More…

Why litigate in Malaysia

Why litigate in Malaysia? 中文版 “If
I do not pay up, what can you do? Sue me?” Unfortunately, the reality in
Malaysia is that practically, the only way to deal with a defaulting debtor is
to take legal action against the debtor. Debt
is a major issue for both the debtor and creditor and this is no exception in
Malaysia. In Malaysia, it is a major hurdle to collect debts and this Read More…

诉讼是一场游戏 Litigation is a game Tee Xue Ying

诉讼是一场游戏 (Litigation is a game) 我很荣幸的在误打误撞的情况下参与打官司流程中的其中一环….而张大律师作为被告的代表律师实行着他作为律师的义务那就是保护客户的权利以及把客户的权益最大化。 法官在这严肃的气氛中侃侃而谈他对此次案件的发展,给予他宝贵的建议,用着另类的幽默缓和Read More…

Audrey Chieng Hui Sieng

An eye-opening and unforgettable experience Audrey Chieng Hui Sieng

An eye-opening and unforgettable experience   To be honest, throughout this one-month attachment, it really gave me a unique and eye-opening experience that I have ever had. I had undertaken 3 attachments in different law firm in Sarawak and I would definitely say that my experience in Alex Chang & Co (ACC) is the most unforgettable experience.   I would say that the woRead More…

Johnathan Law Sze Han

The Perfect Drive Johnathan Law Sze Han

The Perfect Drive – Jonathan Law Sze Han A drive is indeed a homonym and with quite a few definitions, however, innuendo is intended and viewers discretion is advised for the following paragraphs. Life is like driving a car. You will need to keep your eyes on the road and focus on the direction you are moving towards. However, never forget to look at your rear-view mirror. My journey started oRead More…

跨国公司在马来西亚投资发展业务的危机-Yong Jei Beng

跨国公司在马来西亚投资发展业务的危机 English Version 故事背景 一间中国公司(“中方”)被一间马来西亚企业(“马方”)游说来马来西亚开拓事业。中方同意了马方的建议,于此在马来西亚成立了一家公司,同时也与马方签署了定期合约(“合约”)。中方于约同意成为马方的专属分包商。 为Read More…

The Risks of Foreign Companies Starting Business Venture in Malaysia – Yong Jei Beng

The Risks of Foreign Companies Starting Business Venture in Malaysia
中文版
Background
A Chinese Company (“C”) was lured by a company that is incorporated in Malaysia(“M”) to expend his business to Malaysia. C agreed to it and hence incorporated  his company in Malaysia before  entering into a fixed term contract (“Contract”) with M, as the exclusive subcontractor of M.
InRead More…