Why You Need To Retain Lawyers in your Business

The reasons for hiring a lawyer to advise you the legal aspects of your business are apparent. A skilful lawyer will provide your company with all vital assistance your business may need from copyright and trademark advice to formal incorporation of your business. Your lawyer can also advise you of possible lawsuits and liabilities your company is facing in your business. Don’t wait until being sued and then get a lawyer. Matters will be very complicated by then and it can be very costly after being sued. You need to remember that it is easy to get into court, but, very difficult to get out of court once you are entangled with legal problems affecting your business. You may need to know on how to hire or retain a lawyer on monthly or annual basis to keep your company out of trouble. It is not expensive to retain a lawyer that way, but, it will be a very expensive affair once you are in court. Whether your company is big or small, it doesn’t matter, but, the larger you company is, the more problems your company will face. You may need lawyers to advise you on your company’s lawsuits, to […] read more

DIVISION OF MATRIMONIAL PROPERTY IN MALAYSIA

DIVISION OF MATRIMONIAL PROPERTY IN MALAYSIA   When marriage turns sour married couple who intends to divorce, should bear in mind that all their properties wherever they situate, whether in or outside the country may be divided between themselves. They may decide among themselves who gets what and where but when they could not agree to the division, under section 76 of the Law Reform (Marriage and Divorce) Act 1976, the court has power to order for division of matrimonial assets between them.   What Amounts to Matrimonial Assets? The Law Reform (Marriage and Divorce) Act 1976 does not define what matrimonial assets are but it refers to the matrimonial home and everything that is put into it by either spouse with the intention that their home and chattels should be a continuing resource for the spouses and their children to use jointly and severally for the benefit of the family as a whole – Watchel v. Watchel [1973] 1 All ER 829 CA. Matrimonial assets include both moveable and immovable properties of the couple gained during marriage. Therefore, matrimonial assets include moneys, EPF, cars, shares, jewelleries, matrimonial home, lands, factories and so forth. Note that, this does not mean […] read more

SOME POINTERS ON HOW TO DEFEND A CHARGE ON POSSESSION OF UNCUSTOMED GOODS – PRACTITIONER’S EXPERIENCE

An article by Mr. Voon Lee Shan, a Senior Legal Practitioner. Introduction It is not easy to defend clients facing charges for possession of uncustomed goods, especially, if the goods involved were uncustomed beers and cigarettes. This is because the prosecution’s burden of proof is aided by presumption clauses in the Customs Act. Once client is found in possession of suspected uncustomed goods the burden shifts to the client to prove that customs duties had been paid for the goods. Further, documentary evidence signed by the analyst purporting to be a certificate made under the hand of an analyst shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein. In this article, let us concentrate on cases of uncustomed beers and cigarettes – because such cases are more common and difficult to defend. Power of Investigation Customs officers’ power to conduct investigation, arrest and seizure of uncustomed goods and persons are derived from the Customs Act itself. However, where no provisions are provided, the powers of investigation are supplemented by the Criminal Procedure Code. Once the client is put under arrest, the client can be searched and be brought to the police station or be […] read more

REGISTRATION OF DECREE NISI ABSOLUTE FROM A FOREIGN COUNTRY PROCEDURES

An application to register a foreign decree of divorce or annulment with the Registry of Marriages Malaysia may need be done by way of an Originating Summons. Note that there are cases in which the court may order that such an application be made not by Originating Summons but by way of a Petition For Declaration of Divorce under s 107(3) & (4) of the Law Reform (Marriage & Divorce) Act. The Originating Summons or Petition For Declaration of Divorce should be accompanied by a Notice of Appointment of Solicitors and an Affidavit in support exhibiting the marriage Certificates (both here and in the country where divorce obtained) and the Decree Nisi obtained in the other country together with a Notice of Appointment of Solicitors. Either one party to the divorce abroad needs to file the proceedings. Application should be made under section 31 of the Law Reform (Marriage and Divorce) Act 1976 (Act 164) and Rule 55 of the Divorce and Matrimonial Proceedings Rules 1980. Note that there are cases in which the court may order that such an application be made not by Originating Summons but by way of a Petition For Declaration of Divorce under s 107(3) […] read more

How much legal fees would I be charged?

How Lawyers Charge Fee? Most often than not when a client walks into a lawyer’s office he would first of all ask the lawyer how much he should pay the lawyer for a certain work to be done even without first giving an opportunity for the lawyer to assess the legal problem the client was facing. A lawyer may not be able to off-hand quote a fee without a proper understanding of the legal problem that the client is facing. Therefore, a lawyer will not be able to quote a proper fee when client ask by phone. The best thing is to see the lawyer personally and shopping around by phone for lawyers will not do justice to the client and lawyer. Before quoting a fee for a particular work asked by the client the lawyer has to consider a number of factors such as: (1)            The nature of legal problem the client is facing, whether it is about debt matters, personal injury claims, land disputes, hire –purchase, criminal charges etc., (2)            The value of the matter in dispute; (3)            The length of time needed and effort taken to resolve the legal problem faced by the client; (4)            Whether there […] read more

ADMINISTERING JUSTICE – STATE AND CITIZENS

An Article by Voon Lee Shan The state owes a duty to the citizens to protect their lives, liberty and property in reciprocal for allegiance of citizens to the state. If the state through her officers who are custodians and trustees of our law can act anyhow and or at their whims and fancies, then the institution of good governance and democracy will collapse and will throw the country in chaos and anarchy. Any malicious, scandalous and vilified act caused to a citizen and his family can also happen to officers and their families, friends and relatives of officers who got the guts to clothe themselves with tigers’ hides to abuse their powers to the detriment of country and citizens. The swords can also be near to their throats too if they act irresponsibly to bring country to chaos and anarchy. To government officers who got the guts to clothe themselves with tiger’s hides and abuse their powers to the detriment of country and citizens, the swords can also be near to their throats too if they act irresponsibly to bring this country to chaos and anarchy. As loyal citizens and officers of the state we may wish to know […] read more