Pupillage is an important stage in the journey of becoming an advocate and solicitor. During the nine months of chambering, pupils gain practical exposure under the guidance of their Master…
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The Central Question When businesses have coexisted for an extended period with similar names and logos in a related industry, can a defendant successfully argue honest concurrent use to defeat…
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Both passing off and trademark infringement are legal ways to protect a business’ brand identity or intellectual property. Passing off is a common law action based on the right against…
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This flow chart presents the procedural journey of a civil case, beginning with the filing of the Writ and Statement of Claim and concluding at the trial stage. It maps…
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A KYC form (Know Your Customer form) is basically a “Get to Know You” form that companies use to make sure you are really you. It’s part of the rules they have…
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What is a Show Cause Letter A show cause letter is a formal communication/documentation issued by an employer requesting an employee to explain or justify conduct that may violate company…
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The International Court of Justice (ICJ), in its Advisory Opinion, reaffirmed Israel’s obligations as an occupying power under international humanitarian and human rights law in relation to the Occupied Palestinian…
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When a marriage ends, one of the most difficult questions that follows the painful separation is:“How will our assets be divided?” Property, savings, and investments that were once shared in…
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My Journey into Judicial Review My entry into Judicial Review was serendipitous rather than planned. It began as a natural progression from representing a company in an Industrial Court matter,…
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What Can You Do If Your Appeal at the Federal Court Fails? Once your case reaches the Federal Court, you are at the final stage of appeal in the Malaysian…
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Generally, NO. In 2022, Bank Negara Malaysia issued a Direction on Dealings with Specified Person and in Restricted Currency (‘the Direction’) which came into effect on 3 January 2022. The…
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In our previous article published on 25.2.2025 titled “Saman malu atau saman fitnah?”, we have explained the elements needed to be established in proving a defamation suit. If you have…
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“No one should live in fear. It is not acceptable, not inevitable, and together, we can make it stop” – Domestic Violence Survivor Domestic violence, often shrouded in silence and…
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We have come across cases where employees approaching retirement age were dismissed from employment and subsequently filed unfair dismissal claims against their employers, seeking either: Reinstatement to his/her former employment and a…
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On 24th March 2025, Axiata Group Berhad (‘Axiata’) held an Extraordinary General Meeting (‘EGM’) to vote for the Proposal of the Merger of PT XL Axiata TBK, PT Smartfren Telecom…
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This Article explains the case of ClientEarth v Enea which is one of the landmark cases relating to climate change, decided by the District Court in Poznan, Poland in 2019.…
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In the realm of legal disputes, the process of gathering evidence plays a crucial role in ensuring fairness and justice. One of the key mechanisms used in court proceedings is…
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On 23rd of January 2025, we attended a talk organised by BAC Education and the Inns of Court Malaysia. We had a delightful opportunity to listen to The Hon. Justice…
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How often do we see people misuse a claim of “saman malu” in a plan to intimidate others? The question is, does it really exist? While most people think it…
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I’d like to share a little about my journey into law—a path that was mostly unplanned and certainly not by design. It’s a story that began with a childhood love…
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We started the new year on a high note. Our client, a respondent in a winding up petition matter, was successful in having the petition dismissed by the High Court.…
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This case centres on an appeal by Michael John Smith (“Smith”), a prominent climate change advocate and elder of Ngāpuhi and Ngāti Kahu tribe, against several major New Zealand corporations.…
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Bank Negara Malaysia (“BNM”), as the central bank and a statutory body, plays a pivotal role in promoting monetary and financial stability. In line with this mandate, BNM is actively…
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What is ESG? ESG stands for environmental, social and governance (“ESG”). ESG is a way to evaluate how companies impact society and the environment, beyond just financial performance. It covers…
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Introduction In Malaysia, there is growing pressure for companies to minimise their environmental impact and adopt practices that contribute towards a more sustainable future. In recent years, the adoption of…
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In a landmark judgment from the Court of Appeal, the case of Mahiaddin bin Md Yasin v. Public Prosecutor grappled with the critical issues of a review application, jurisdiction, and…
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A legal firm filing a winding-up petition against its own client sounds like the stuff of courtroom drama, but it’s precisely what unfolded in the case of Country Heights Holdings…
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Overview of the Privity Rule Problems with the Privity Rule Mechanisms to Circumvent the Privity Rule Liberal Construction: Courts sometimes interpret contracts liberally to include third parties, though…
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Before commencing adjudication, there must first be in existence a dispute and the dispute must relate to the matters in the payment claim and the payment response. Further, section 6(4)…
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Did you know that any information, document, or communication shared between you and your lawyer during legal consultation is protected by law under ‘legal professional privilege’? This privilege ensures that…
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Section 17A of the Malaysian Anti-Corruption Commission Act (MACC Act) 2009 represents a significant development in the nation’s effort towards combatting corruption that is prevalent amongst commercial entities and their…
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Introduction When a company is served with a Notice pursuant to Section 466 of the Companies Act 2016 by a creditor without Judgment, it generally means that there is a…
Read MoreINTRODUCTION Prior to the internship, I was warned by friends and seniors that working in a law firm could be tough—especially in places with toxic work environments, where colleagues might…
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Payment Claim & Payment Response under the Construction Industry Payment and Adjudication Act 2012 (Act 746) (‘CIPAA 2012’) Prior to commencing an adjudication under the CIPAA 2012, the unpaid party…
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In cases of constructive dismissal, employees are typically forced to quit due to unfair treatment(s) by their employers. For example, a transfer or re-designation of the employee to a position…
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What is a Scheme of Arrangement? A Scheme of Arrangement is a legal mechanism used by companies to reorganise their financial structure or debt repayment plan. Normally, companies who are…
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Introduction Many times, we know of instances where individuals fall victim to investment scams. This scene is all too common, particularly during these times where people are looking out for…
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The guiding legal principles on the striking out of a winding up petition is trite and well-settled in reliance upon Order 18 Rule 19(1) and Order 92 Rule 4 of…
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INTRODUCTION Construction Adjudication is governed by the Construction Industry Payment and Adjudication Act 2012 (Act 746) (‘CIPAA 2012’) and Construction Industry Payment and Adjudication Regulations 2014 (PU(A) 103/2014) (‘CIPA Regulation…
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Disclaimer: This article is for informational purposes only and does not constitute any legal advice. If you have any questions or require further information on the above matter, please…
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Introduction A construction agreement serves as the foundation for a successful construction project, providing a clear framework for the parties involved and mitigating potential disputes. Property owner, contractor, or subcontractor…
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WHAT IS A LOCAL AUTHORITY? Local authorities assume an extremely important role in the administration of local authority areas. A local authority is a unit within the system of local…
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In Malaysia, there is no legal requirement that mandates companies to have a shareholders’ agreement. A company can very well function with or without a shareholders’ agreement. While it’s not…
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For non-muslims, polygamous marriages became prohibited effective 1 March 1982 onwards pursuant to the Law Reform (Marriage and Divorce) Act 1976. In fact, bigamy (the act of marrying another person…
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As Malaysia embarks on its mission against climate change, one of the nation’s efforts in creating a sustainable future is through the implementation and facilitation of the carbon trade market.…
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Introduction Back in the 80s, technology was a typewriter and the occasional revolutionary telex machine. Now, we have come a long way. We started with word processors, moved to…
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Previous Next Under the Malaysian Law, there are certain assets or distributions that are considered distinct from a deceased’s inheritable estate such as monies derived from life insurance policies, gratuity…
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The Companies Commission of Malaysia (CCM) has issued a crucial notice emphasising the importance of compliance with the holding of Annual General Meeting and Annual Returns and Audited Financial Statement…
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The Convention on the Prevention and Punishment of the Crime of Genocide or better known as the Genocide Convention is an international treaty that criminalises genocide. It was unanimously adopted…
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INTRODUCTION In Malaysia, the Syariah Court has exclusive jurisdiction to hear and determine all actions and proceedings in relation to the division, succession and inheritance of a Muslim’s testate and…
Read MoreESTATE PLANNING FOR SPECIAL NEEDS CHILDREN A. Will A declaration to have the legal effect of carrying out the desire/instruction of the testator after her death. Cover on all types…
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BACKGROUND Malaysia Building Society Bhd (MBSB) The Malaysia Building Society Bhd (MBSB) Group operates as an Islamic Back through MBSB Bank regulated under the Islamic Financial Services Act 2013…
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A case study based on the High Court decision in the Kuala Lumpur High Court case of Seri Stamford College Sdn Bhd & Stamford College (Malacca) Sdn Bhd v Stamford…
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The literal interpretation of res judicata is ‘a matter adjudged’. Asia Commercial Finance (M) Berhad v Kawal Teliti Sdn Bhd [1995] 3 CLJ 783 – Peh Swee Chin FCJ “doctrine…
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Under the Limitation Act 1953 [Act 254], Section 6 (1) provides that an action founded on a contract or tort shall not be brought after the expiration of six (6)…
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The Emergency (Essential Powers) Ordinance 2021 (the ‘Ordinance’) is promulgated by reason of the existence of a grave emergency threatening the security, economic life and public order of the Federation…
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The Corporate Voluntary Arrangement (‘CVA’) is one of the Corporate Rescue Mechanisms under Division 8 of the Companies Act 2016 (‘Act’). This is one of the steps taken by the…
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