A collection of articles written by our associates, pupils and interns.
In-House Virtual Mooting Experience at Alex Chang & CoDue to the Covid-19 pandemic, this in-house moot trial was held virtually via Zoom. In this virtual moot competition, the Plaintiff and the Defendant teams were each allocated forty (40) minutes respectively for oral submission including rebuttals. The sequence for oral submission is as below: -Plaintiff Team Defendant TeamLead Counsel –Read More…
Legal Jargons Words And Phrases A Brief Definition 法律术语词汇和短语的简要定义 GLOSSARY 词汇表 Adjudge 裁决 [Law]: To judicially award (someone) something, usually legal remedies; To decide or rule by a judge. [法律]：司法裁决（某人）某事，通常是法律补救措施； 由法官决定或裁决。 Example: The High Court adjudged the rRead More…
持续经营或拆解出售 Why is it more worthwhile to sell the company as a going concern rather than selling the assets as scrap? To discuss this question, we need to know what sale of going concern and sale of assets are as well as how these two different with each other. 为什么以持续经营来出售公司比将公司拆解出售资产更有价值？ 为了讨论这个问题Read More…
接种疫苗成为获取工作的必要条件？ 新冠疫情自2020年1月爆发至今已经超过一年之久，全世界没有国家能幸免于此，即便连台湾这个在防疫上近乎滴水不漏的地区也在今年5月时沦陷。这可直接证明了这病毒是无孔不入的。也正因此，全球所有国家都在积极展开疫苗的施打，以尽快结束此次全球性Read More…
“离开舒适区，才能拥有真正的舒适。” 发现英语的重要性 实习期间，当张律师要求我以中文书写一篇文章，我却发现我的中文程度不太好时，这时一个想法就在我脑海里涌现：既然我的中文书写程度不太好，那我何必在专业与商务领域继续花95%的时间以中文交流呢？ 无可否认，讲普通话是每Read More…
中文版 1. IntroductionIt is crucial for a party, namely the Plaintiff to have a cause of action before he commences an action against the Defendant. A cause of action exists if there is a Plaintiff who can sue, a Defendant who can be sued and there are material facts which entitles the Plaintiff to succeed. However, one must take note of the fact that a claim can possibly be dismissed befoRead More…
Versi Bahasa 中文版 1. Submission of No Case to Answer It is a principle of law that the Defendant may
submit a no case to answer at the end of the Plaintiff’s case if the Defendant
is of the view that: 1) The Plaintiff had failed to establish a case in law; or
2) The evidence that was led by the Plaintiff is so unsatisfactory or
unreliable. In the case of Tan Kim Khuan v Tan KeeRead 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 Malaysia 中文版 Personal service not required unless there is express provision or is required by order of the Court. (O.62, r. 1)When personal service required (O.62, r. 1)1. (1) Any document which by virtue of these Rules is required to be served on any person need not be served personally unless the document is one which by an express provision of Read More…
Versi Bahasa 中文版 1. Introduction: Personal Service 1.1 Required when it is specifically provided for by the Rules of Court 2012 or by an order of the court. 1.2 It is effected by leaving a copy of the document with the person to be served. The process server must show the person to be served, in the case where the document is a writ or other originating process; the Read More…
Average number of attachment students The ratio of lawyers to attachment students
per annum in Alex Chang & Co (hereinafter ACC) can be put down as 2:12
(sometimes more). Since ACC is not a relatively large firm, the number of
attachment students who joined ACC each year can be said to be rather high. In
contrast, applying the same mathematical ratio of 2:12 to larger law firms,
there woulRead 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…
中文版 Why is it more worthwhile to sell the company as a going concern rather than selling the assets as scrap? To discuss this question,
we need to know what sale of going concern and sale of assets are as well as
how these two different with each other. Going concern is a business which is
still operating. AccordinRead More…
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…
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…
Background （中文版） A Chinese Company (“C”) was lured by a company that is incorporated in Malaysia(“M”) to expand 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. In order to fulfil the contractual obligation, C entered into a TenanRead 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…
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…
Versi Bahasa 中文版 “WHY SOLICITORS DO NOT GIVE LEGAL ADVICE OVER THE PHONE?”
First of all, the conversation below is to illustrate this whole article on the reasons why professional workers such as solicitors do not give legal advice over the phone.
PATIENT: Hello doctor.
DOCTOR: Hello. How can I help you?
PATIENT: I am having a headache for 3 days.
DOCTOR: I see. You should consume Read More…