Observing the current ‘Full Movement Control Order’ in Malaysia which came into order on the 1st of June, one may find themselves going through another endless ‘Stay at Home’ situation, just like MCO 1.0 which was implemented on 18th March 2020. Masks, sanitisation, hygiene has become part of our daily lives and is crucial to maintain the health and safety of workers during this period. DRead More…
Versi Bahasa 中文版 A one-month extension is given until July 31, 2021 from June 30, 2021 for taxpayers carrying on business involving individuals, resident individuals (knowledge/expert workers), partnerships, associations etc The filing dates of CP500 and CP204 amendments which are due in June 30, 2021 are extended to July 31, 2021. The filing of RPGT returns due in June 2021 is Read More…
中文版 Versi Bahasa What is Hearsay in Court? General RuleThe cardinal rule in respect of oral evidence is that provided for in Section 60 Evidence Act 1950 (“EA 1950”). Under this section, oral evidence must be direct i.e. the testimony must be of the person who perceived the fact through medium of his own senses [1]. Direct evidence can be categorized into three categories:Read More…
COVID-19 Act came into operation from October 23, 2020 and shall continue to remain in operation
for some time except where the date of
commencement and period of operation have been provided in respect of the
respective Parts in this Act. CONTRACTUAL DUTIES Section 7 of the COVID-19 Act prevents another contracting
party (landlord/ lessor for non-residential immovable prRead More…
As the world is combating the COVID-19 outbreak, Malaysia is not exempted from the virus. The public and courts alike has had to learn to adopt and adapt to this new environment and “live” with COVID-19. The Malaysian Judiciary formulated comprehensive Standard Operating Procedures (hereinafter referred to as “SOP”) which allows the administration to run and thus ensuring accessRead More…
Versi Bahasa 中文版 What is the position of using Statutory Declaration to substitute witness giving oral evidence in Court What is a Statutory Declaration (SD) SD in Malaysia is governed under the Statutory Declaration Act 1960. The laws were enacted because it was necessary in many cases to require declarations in confirmation of written instruments or allegations, or proof of deRead More…
Introduction The e-Appellate system was introduced and implemented by the Malaysian Judiciary on the 3rd of August 2020 for the Federal Court and 17th August 2020 for the Court of Appeal. This was done so to ensure that despite the new operating procedures implemented namely the Movement Control Order (MCO), Conditional Movement Control Order (CMCO) and Recovery Movement Control OrRead More…
IntroductionDue to the Covid-19 pandemic and the movement control order being imposed and implemented in Malaysia, the courts face several difficulties when it comes to conducting physical hearings and trials. To overcome this issue, some changes have been made in regards to the manner the hearings and trials would be conducted in the near future. That being said, Hearings and trials are being coRead More…
Courts of Judicature (Amendment) Act 2020, Subordinate Courts (Amendment) Act 2020 And Subordinate Courts Rules (Amendment) Act 2020 The long awaited amendments to the Court
of Judicature Act 1964 (CJA 1964), Subordinate Courts Act 1948 (SCA 1948)
and Subordinate
Courts Rules Act 1955 (SCRA 1955) have finally been gazetted. They are Act
A1621 – Courts of Judicature (Amendment) Act 2020, Act Read More…
Versi Bahasa 中文版 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 Read More…
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…
中文版 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 cRead More…
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…
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 and will come iRead More…
Versi Bahasa 中文版 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 agaRead More…
Versi Bahasa 中文版 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 Read More…
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…
中文版 Versi Bahasa Operating Procedure for Mediation at the Court Mediation Center Pre-Mediation: Fill in the consent form for mediation which can be found on the relevant court website. Then, email your request to mediate to the mediation center involved. The mediation center will contact the parties involved by email or phone.The parties must send the following information to Read More…
Versi Bahasa 中文版 Sworn Statements A sworn statement can be described as
an oral or written assertion of fact made under oath. Such statements commonly
take the form of affidavits, statutory declarations and oral testimonies. A sworn statement, in contrast to a regular statement,
if proven to be untrue, constitutRead More…
Even if you have a Second Class Upper, You may be Denied CLP Future law students would love this article, one of my friends was not so lucky… SHAKESPEARE Shakespeare’s famous quote from Henry VI, Part 2, “The first thing we do, let’s kill all the lawyers.” Professor David Epstein explained that the true meaning of those lines aren’t actually meant to make a mockery tRead More…
中文版 Versi Bahasa
Sales and Services Tax Act 2018
Exempted Goods Taxable Services FAQ
The Sales and Services Tax will take effect from September 1, 2018. The Royal Malaysian Customs published and uploaded some guidelines to their website, we present them below, some relevant ones, for your easy reference as at August 16, 2018. Please check with the Royal Malaysian CustomsRead More…
5 Legal Tips for Defamation in Facebook and Other Social Media
Languages: English 繁体中文 简体中文 Malay In this digital era, social media such as Facebook, Twitter, Sina Weibo has become part of human’s life. Recently, Trump and Clinton, being the candidates of United State President Election 2016 have fueled millions of Facebook postingRead More…
My Frozen Shoulders Experience Fast Effective Treatment
Your Professional Advisors Your Doctor
One day out of the blue my right shoulder was frozen.I would like to share this experience with you to tell you that your physical health and your legal health is as only good as your health care provider.It was frozen solid to the point I could not even wear my shirt without enduring excruciating pain.
Read More…