The choice between mediation and Trial depends on the specific circumstances of the legal dispute and the preferences of the parties involved. Here’s a brief overview of both options:- Mediation Mediation is effectively a supervised negotiation process, especially useful for resolving disputes in a less adversarial manner. One party will put forward their position as…
In the Malaysian real estate market, there are two (2) common types of property transactions, which are stated below:- Developer Sales: Developer Sales are the purchase of properties directly from the Developer. These properties are usually brand new or under construction, whereby the buyers are the first owners. Sub-Sales: Sub-Sales, also called secondary sales. Sub-Sales…
1 I) A claims that B owes him a sum of money. B died last week. What can A do? General rule: section 8(1) of Civil Law Act: all cause of action subsisting against or vest in the deceased shall survive. Exception (Proviso to section 8(1)) : unless in the case of defamation or seduction…
Key takeaway: Ensure proper documentation for all business transactions to avoid potential accusation of wrongdoings, impropriety, or fraud Introduction Running a business inherently involves risks. One of the significant risks arises from neglecting proper documentation. The following real events are instructive. A few years ago, there was a tale of 2 factions of shareholders of…
Key takeaway: Business must not only be done properly but must ‘BE SEEN’ to have been done properly. Simply put, business transactions must be properly and adequately documented. The Kuala Lumpur Court Drama A few years ago, in a bustling courtroom in Kuala Lumpur, a gripping case unfolded. At its heart was a seemingly innocent…
Key Takeaway: Life is full of irony, and the handling of contractual disputes is no exception. It is essential to approach such disputes cautiously, as conventional methods may inadvertently backfire, leaving the innocent party liable instead of the guilty one. When facing contractual disputes, it’s natural for aggrieved parties to want to protect their interests…
1. What is a domestic inquiry? 1.1 A domestic inquiry is an internal disciplinary proceeding conducted by an employer to make a finding as to whether a given employee has committed an act (or acts, as the case may also be) of misconduct in breach of his terms of employment. Misconduct is not defined under…
Section 50 of the Law Reform (Marriage and Divorce) Act 1976 (Act) sets out that no marriage shall be capable of being dissolved unless such a marriage has surpassed the period of two years upon it being registered. Nevertheless, the Act also provides for the exception of the prohibition which can be found under Section…
The definition of ‘matrimonial assets’ under the Law Reform (Marriage and Divorce) Act 1976 The interpretation and definition of the term ‘matrimonial assets’ under the Malaysian Law is rather wide and straightforward. Section 76 of the Law Reform (Marriage and Divorce) Act 1976 (Act 164) empowers the court to order division of assets between parties…
