Courts open cmco staggered

A taste of court’s hearing in the High Court of Kuala Lumpur during the Conditional Movement Control Order (“CMCO”)

After years of studying law, I have never had the chance to step in to the High Court of Kuala Lumpur to witness the court hearings with my own eyes, needless to say, sitting in the Open Court with permission, being introduced as Mr Alex Chang’s pupil, I would say that I was extremely nervous for attending court as it was no doubt my virgin experience!

Winding Up a Billion Ringgit Company

The hearing was about a winding up proceeding which Mr Alex Chang was acting for the petitioner. This winding up, attracted more than 20 parties, seeking for the liquidation of a company that is ranked Top 5 in the world, in its field.

A matter of this nature needless to say, is heavily contested, multiple applications were filed, including the appointment of an interim (provisional) liquidator.

Judicial Manager vs Interim Liquidator

There were various other obstacles mounted such as for the appointment of a judicial manager to stifle the appointment of the interim liquidator which was eventually overcame by the firm.

Surprisingly, the interlocutory hearing for a Summons in Chambers was rather short, approximately 15 to 20 mins, and it appears to be less formal to me.

It is worth mentioning that the courtroom was not crowded due to the strict Standard Operating Procedure (“SOP” ) imposed post-Movement Control Order (“MCO” ).

Re-Opening of Courts

Hence, a Conditional Movement Control Order (“CMCO”) has been implemented and taken into effect on 13th May 2020, which allows the re-opening of Courts. However, Strict Operating Procedure (“SOP”) and guidelines are to be followed in reference to Circular that was issued by the Chief Registrar of the Federal Court.

http://www.kehakiman.gov.my/en/node/2931

Entrance

I found out that the court did abide by the SOP and has taken the precautions very seriously. The court management has prepared three separate entrances, one for public, while the other two are reserved for lawyers and press. Before entering the main entrance, there was body temperature scanning, and parties are advised not to attend court if they are feeling unwell.

Sanitisers, Face Mask

There were also plenty of hand sanitisers being provided and to be used after the temperature screening. Besides, visitors are required to fill in the court’s visitor form prior to entering, for contact tracing purpose. However, it should also be noted that visitors should bring and wear their own face mask as it is not provided by the Courts.

Staggered Hearings

Apart from that, court room benches are also marked with a red X’ at a distance of a metre apart to observe social distancing. The hearings are conducted in staggered times, for example, lawyers are required to leave the court room after they are done presenting his/her case following the respective time slots fixed. It was indeed a great move taken by the court to contain the spread of Covid 19.

Preparation Before Hearings

On a side note, I have learnt that a lot of preparation are needed to be done before a hearing even though it is a short one. Out of my curiosity, I have asked Mr Chang regarding to the absence of the other parties’ counsel as what I thought is that every parties should have attended to the court on behalf of their clients, be it small or big case.

Mr Chang, in answering to my questions, told me that he made the effort to call the other parties’ counsel to know their decision, whether they have no objection, further helping them to mention it in the court.

Beyond Thankful

In a nutshell, it was an eye opening experience for me as a fresh graduate. I am beyond thankful for the opportunity given by Mr Chang, although most of the time I am in a state of confusion, and have no idea on what is happening around me. However, I am excited to explore more about law and I will definitely do everything I can in order to equip myself with all the knowledge and skills that are to be needed as a lawyer.

Life is not a bed of roses, and I truly appreciate that. I also admit the fact that the learning curve post- law school is steep, it can be described as a “whole new world” , but all we have to do in this harsh society are simple, “to learn, to adapt and to strive”.

Multimedia Hearings

While the pandemic continues to turn the world upside down, new realisations are beginning to dawn on us. Yes, we are not going back to normal anymore, “we are all online” ; just like how the E-review system that has been widely used in court during this pandemic. Skype Business, Zoom, Microsoft Team are also being installed by business owners to conduct a meeting.

Skype for Business the New Normal

The fact that we are now living in an era of information explosion and the digital revolution, which clearly indicates that we must take advantage of smart technology and computers to facilitate day-to-day businesses. I am glad that I was given a chance to observe the conduct of Pre-Trial Case Management via Skype for Business. It appears that Skype for Business is emerging as the new norm for court hearings.

Fortune Favours the Prepared Mind

However, during the proceeding, the opponent counsel for the Defendant in this case was repeatedly disconnected from the line. The problem of weak connection is worth highlighting. This is mainly because, if one party has been constantly dropping in and out from the call, he might not be able to catch the keywords delivered by the Judge and the other party. This will inevitably cause a serious delay in the proceeding and most importantly be detrimental to ones matter.

With regards to that, firms should consider investing more in smart technologies.