Tuesday, July 31, 2012

Soft Copy Rules of Court 2012 & Court Forms: Updated on 12/07/2012

Soft Copy Rules of Court 2012 & Court Forms: Updated on 12/07/2012


Bahasa Malaysia Version:

http://www.federalgazette.agc.gov.my/outputp/pua_20120702_KAEDAH-KAEDAH%20MAHKAMAH%202012%20%20%28FINAL%29%20-%201%20Julai%202012.pdf


English Version:

http://www.federalgazette.agc.gov.my/outputp/pua_20120702_RULES%20OF%20COURT%202012%20%28FINAL%29%20-%201%20July%202012.pdf

Circular No 165/2012 Dated 31 July 2012 : Practice Direction No 1 of 2012 Determination of Interest Rate : 5% per annum

Circular No 165/2012

Dated 31 July 2012

To Members of the Malaysian Bar

Chief Justice of Malaysia Practice Direction No 1 of 2012
Determination of Interest Rate under the Rules of Court 2012

Attached please find a copy of the Chief Justice of Malaysia Practice Direction No 1 of 2012.

The Practice Direction will come into force on 1 Aug 2012 (Wednesday).

Tony Woon Yeow Thong
Secretary
Malaysian Bar


Dari Ketua Hakim Negara, Tun Arifin Zakaria:

"Bagi menjalankan kuasa-kuasa yang diberikan kepada saya di bawah
Aturan 30, kaedah 6(2); Aturan 42, kaedah 12 Aturan 44, kaedah
18(1)(b)&(2); dan Aturan 44, kaedah 19, Kaedah-Kaedah Mahkamah
2012, saya dengan ini mengarahkan kadar bunga di bawah peruntukan-peruntukan di atas ditentukan pada kadar 5 % setahun.

2. Arahan Amalan ini berkuatkuasa mulai 1 Ogos 2012
."

Circular No 164/2012 Dated 30 July 2012: Report on the Dialogue between Lembaga Hasil Dalam Negeri Malaysia and Bar Council

Circular No 164/2012
Dated 30 July 2012

To Members of the Malaysian Bar

Report on the Dialogue between Lembaga Hasil Dalam Negeri Malaysia
and Bar Council

Lembaga Hasil Dalam Negeri Malaysia (“LHDNM”) has informed the Bar Council that they shall soon be implementing online payment (ePayment) for stamp duties. This will greatly reduce possibilities of fraudulent, or forgery of, Digital (Stamping) Franking and STAMP Certificates.

As a transition to ePayment, at the request of the Bar Council, LHDNM has agreed to accept solicitors’ cheque drawn on Client’s Account for payment of all stamp duties effective from the date of this circular. However, only bank drafts are accepted for Digital (Stamping) Franking.

If the Client’s Account cheque is returned for whatever reasons after the documents have been stamped, Members are reminded to return the stamped documents to the LHDNM branch concerned within three days of receipt of notice from the stamp office.

In the interim, as a precautionary measure LHDNM will not accept any cheque that is dated more than three working days at the date of presentation. This measure is intended to reduce the opportunity and instances where one firm’s cheque or bank draft can be misused for the stamping of other documents. Members are advised to use Client’s Account cheques for stamping of documents other than Digital (Stamping) Franking.

All Members are urged to support this initiative. Bar Council will update Members on this issue regularly.

Members are reminded to be extremely vigilant and take precautionary measures to avoid being victims of fraudulent stamping. For more details on how to check the authenticity of stamps, refer to Circular No 151/2012 dated 11 July 2012.

For enquiries, please do not hesitate to contact Chuah Ying Ying, Officer, by telephone at 03-2050 2106, or by email at yingying@malaysianbar.org.my.

Thank you.

Hj Abdul Murad b Che Chik
Chairperson
Conveyancing Practice Committee

Circular No 152/2012 Dated 12 July 2012: Rules of Court 2012 and Court Forms: Update on 12 July 2012

Circular No 152/2012
Dated 12 July 2012

To Members of the Malaysian Bar

Rules of Court 2012 and Court Forms: Update on 12 July 2012

Reference is made to Circular No 142/2012 dated 2 July 2012 and Circular No 146/2012
dated 3 July 2012.

We wish to reiterate that the Bar Council Task Force on Combined Rules of Court (Task
Force”), together with the Attorney General’s Chambers (“AGC”) and the Judiciary finalised the Rules of Court 2012 (“Rules”) and Court Forms on 21 June 2012.
On 26 June 2012, the Statutory Rules Committees for the High Court and the Subordinate Courts chaired by the Chief Justice, comprising the Judiciary; AGC; Presidents of the Malaysian Bar, Sabah Law Association and the Advocates’ Association of Sarawak convened a meeting to approve the Rules and Court Forms, which will come into effect on 1 Aug 2012.

The Rules and Court Forms will replace the Rules of the High Court 1980 and the
Subordinate Courts Rules 1980.

Members can access the Rules and Court Forms at http://www.federalgazette.agc.gov.my

We urge Members to take cognisance of the Rules and Court Forms as it would have
tremendous ramifications and implications in the way litigation is practised in the courts in Malaysia.

Whilst the Rules and Court Forms have been gazetted, some typographical/editorial errors have been detected and these are in the process of being corrected by the Drafting Division of the AGC.

We will in due course, provide Members with a list of the corrections that have
been made to the Rules since the date of the gazette. Members are urged to forward any other errors to the officers named below for the Task Force’s further action.
We append the following documents for Members’ easy reference:

(a) A press statement dated 2 July 2012 issued by the Judiciary; and
(b) Summary of Substantive Changes to the Rules.

Should you require any clarification, please do not hesitate to contact Sumitha Shaanthinni Kishna (03-2050 2090; sumitha@malaysianbar.org.my) or Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my).

Thank you.

Cecil Abraham
Chairperson
Task Force on Combined Rules of Court

(TERBARU) Notis LHDN kepada Firma Guaman

Tuesday, July 10, 2012

(LATEST) Briefing on Proposed Combined Rules & Court Forms: 12.07.2012 (Thursday) at 2.00 p.m, Dewan Kompleks Mahkamah Kuala Terengganu




Briefing on Proposed Combined Rules & Court Forms
** with a slot on CPD Briefing


2 CPD Points !!


On 26 June 2012, the Statutory Rules Committees for the High Court and the Subordinate Courts chaired by the Chief Justice, comprising the Judiciary; Attorney General’s Chambers; Presidents of the Malaysian Bar, Sabah Law Association and the Advocates’ Association of Sarawak convened a meeting to bring into effect the Rules and the Court Forms. The stated Rules and the Court Forms will come into effect on 1st Aug 2012


Date : 12th July, 2012, Thursday.
Venue : Dewan Kompleks Mahkamah Kuala Terengganu
Time : 02:00 p.m – 04:30 p.m
Fees : RM10.00 per participant. (Payment upon registration on the 12th)


**Limited place. Kindly confirm attendance by 11th July, 2012, at or before 12:00 p.m. via the State Bar Office / LAC or SMS to the State Bar Mobile Number (012-9812162). Please include the participant’s name, firm and e-mail.


Speakers :
1. Tuan Haji Saiffuddin bin Othman
Messrs Wan Abd. Muttalib & Co.

2. Encik Mohd. Sukeri bin Mohamad
Messrs Asmadi, Azmi & Associates


Inquiries :
Encik Ahmad Azran bin Mohd Noor
• Terengganu Bar Civil Committee

Encik Hazri bin Haris
• Terengganu Bar Hon. Secretary

Sunday, July 8, 2012

(MUSTAHAK) Kaedah-Kaedah Mahkamah 2012 bermula 01.08.2012

Sila cut & paste & open link di bawah:

http://www.kehakiman.gov.my/?q=node%2F1233


Taklimat Combined Rules (Terengganu Bar) akan diadakan seperti berikut:-

Tarikh: 12.07.2012
Hari: Khamis
Masa: (akan ditentukan kemudian)
Tempat: Dewan Kompleks Mahkamah, Kuala Terengganu
Bayaran: (akan ditentukan kemudian)


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Wednesday, July 4, 2012

Circular No 142/2012 Dated 2 July 2012: Rules of Court 2012

Circular No 142/2012

Dated 2 July 2012

To Members of the Malaysian Bar

Rules of Court 2012

We are pleased to inform Members that the Bar Council Task Force on Combined Rules of Court, together with the Attorney General’s Chambers and the Judiciary finalised the Rules of Court 2012 (“Rules”) and Court Forms on 21 June 2012.

On 26 June 2012, the Statutory Rules Committees for the High Court and the Subordinate Courts chaired by the Chief Justice, comprising the Judiciary; Attorney General’s Chambers; Presidents of the Malaysian Bar, Sabah Law Association and the Advocates’ Association of Sarawak convened a meeting to bring into effect the Rules and the Court Forms. The stated Rules and the Court Forms will come into effect on 1 Aug 2012.

The Judiciary has issued a press statement dated 2 July 2012.

To view the Rules and Court Forms, please click here for the Bahasa Malaysia version, and here for the English version.

With reference to Circular No 135/2012 dated 25 June 2012, the Bar Council Professional Standards and Development Committee, and the Task Force on Combined Rules will hold a briefing on “Proposed Combined Rules of Court and Court Forms” on 5 July 2012 from 4:00 pm to 6:00 pm at the Raja Aziz Addruse Auditorium, Level 1, Bar Council. Members from Kuala Lumpur and Selangor are urged to attend the briefing to educate themselves on the Rules and Court Forms.

State Bar Committees will organise roadshows on the Rules and Court Forms in their respective states on dates to be confirmed.

Should you require any clarification, please do not hesitate to contact Sumitha Shaanthinni Kishna (03-2050 2090; sumitha@malaysianbar.org.my) or Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my).

Thank you.

Tony Woon Yeow Thong
Secretary
Malaysian Bar

Circular No 145/2012 Dated 3 July 2012: Ramadhan Charity Drive 2012

Circular No 145/2012

Dated 3 July 2012

To Members of the Malaysian Bar

Ramadhan Charity Drive 2012

Warm greetings from the Bar Council!

In the spirit of the holy month of Ramadhan, the Bar Council Islamic Finance Committee and the Kelantan Bar are organising a charity drive. Members of the Bar who wish to contribute to this good cause may do so by donations of any amount.

Your contribution will be presented during an iftar (break of fast) on 29 July 2012 (Sunday), an event organised by the Kelantan Bar for two orphanages in Kelantan.

Donation can be made by direct deposit (HSBC Account No 301-022166-001), cheque (made payable to “Bar Council”) or cash (at the ground floor of the Bar Council Secretariat). Please forward a copy of the bank-in slip by fax to 03-2031 6640, or by email to mazni@malaysianbar.org.my. Please indicate “Ramadhan Charity Drive 2012” at the back of the cheque or on the bank-in slip.

To contribute, complete and submit the attached reply slip to Mazni Ibrahim by fax at 03-2031 6640 or by email at mazni@malaysianbar.org.my. Your contribution should reach us by 25 July 2012 (Wednesday) to enable us to deliver it to the orphanages for the iftar.

Your contribution is much appreciated.

Please do not hesitate to contact Mazni Ibrahim (03-2050 2101) or Adi Irman (03-2050 2102) should you have any enquiries.

Thank you.

Yasmeen Haji Mohd Shariff
Chairperson
Islamic Finance Committee