Introduction Under the Torrens system, title to or interest in land vests and divests only upon registration. Registration is an act of the State and constitutes the final stage of any dealings in land. Under the National Land Code (“NLC”),…
Month: May 2022
Law Firms: Sharing an Office
According to the Bar Council Ruling 7.03, if an Advocate and Solicitor shares an office or premises with another person, the office or premises must be partitioned off with separate and distinct entrances. There should not exist a connecting door…
[Member] Visitation Rights in Malaysia, Family & Matrimonial Laws
Introduction Visitation rights (also known as the right to access) is governed under s89(2)(c) of the Law Reform (Marriage & Divorce) Act 1976 (“LRA”) whereby the court may provide for the child to visit a parent deprived of custody or…
[Member] Company Membership
According to s2(1) of the Companies Act 2016 (“CA”), a member is a person whose name is entered in the register of members as the holder for the time being of one or more shares in the company in the…
[Member] Differences between ICCPR and ICESCR
Introduction International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) came into play in order to make the rights introduced under the Universal Declaration of Human Rights (UDHR) legally binding.…
Minimum Wages Order 2022
The Minimum Wages Order 2022 (“the Order”) was gazetted on 27 April 2022. As such, minimum wage will increase from RM1,200 to RM1,500. This has come into effect of the 1st of May 2022. However, employers who have less than…
[Member] Laws Regarding Pollution in Malaysia
In general, pollution is governed under the Environmental Quality Act 1974 (“EQA”) which applies to the whole of Malaysia. This is supported by Public Prosecutor v Ta Hsin Enterprise Sdn Bhd whereby it was held that the EQA applies to…
[Premium Member] Case Review: Loh Siew Hong v Nazirah Nanthakumar bt Abdullah & Anor [2022] MLJU 391
This case is regarding an application for a Writ of Habeas Corpus to issue to order that the applicant’s (Loh Siew Hong’s) three children be released from the personal custody of the First Respondent and/or the Second Respondent and be returned to…
[Member] Digital Signing in Malaysia
As technology progresses, we have moved from wet ink signatures (signatures on a physical paper document) to electronic signatures. So what should we know about this type of signature? Digital signature vs Electronic signature Both terms are used interchangeably but…
Attestation of a Will
One of the requisites to establish a valid will is attestation. But what is attestation and what are the requirements for attestation? First and foremost, “attestation” is defined as testimony or confirmation that something is true, genuine, or authentic. An…
Wills and Signature of the Testator
According to s5(2) of the Wills Act (“WA”), every will shall be signed by the testator, or by some other person in his presence and by his direction; such signature shall be made or acknowledged by the testator in the…
What Does It Mean When A Will Has To Be In Writing?
Ever wondered what does it mean when someone tells you that a will has to be in writing? First and foremost, it should be understood that the general rule is as seen in s5(1) of the Wills Act (“WA”) whereby…
Constructive Dismissal in Malaysia, Employment law
An employee’s dismissal could be deemed unfair if the employer does not have a good reason for dismissing or did not follow the company’s formal disciplinary or dismissal process. As such, under s20(1) of the industrial Relations Act (“IRA”), an…
Can AI-generated Art Be Accorded Copyright Protection?
Artificial Intelligence (“AI”) has improved as a result of technological advancement and has thus gained widespread momentum, seeping into our everyday lives. As such, it is unsurprising that AI has converged with the arts, with AI generated art being the…
[Member] Freedom of Speech and Expression in Malaysia
On October 15 2021, Malaysia secured a seat on the United Nations Human Rights Council (UNHRC) for the 2022 – 2024 term with 183 votes. In light of this, Malaysia has pledged to prioritise the rights of vulnerable groups, empower…
8 Ways to Fail to When it Comes to Making Law
Laws made by Parliament are called ‘Statutes’ or ‘Acts’. A law begins with a Bill which could come from a Ministry, a member of Parliament or a Senator. Said Bill then needs to be tabled either before the Dewan Rakyat…
[Member] Abortion under Malaysian Law
Based on a leaked draft opinion allegedly written by Justice Samuel Alito, it seems that the U.S. Supreme Court is poised to strike down the decisions made in the landmark cases of Roe v. Wade and Planned Parenthood v. Casey…
Things to Know Regarding the Revival and Republication of a Will
Did you know that wills can be revived or republished? Here’s what you need to know about both topics. Revival First and foremost, s16(1) of the Wills Act 1959 (“WA”) states that no will that has been revoked can be…
[Premium Member] Can Law Be Applied Retrospectively?
In April, the Transport Minister came under fire from netizens for not applying the amendment of the Road Transport Act 1987 retrospectively to address cases like Sam Ke Ting’s involving the “basikal lajak” or modified bicycles phenomenon. However, the Minister…