Personal Legal Procedures
Personal Legal Procedures
Comprehensive Legal Guide to Personal Bankruptcy in Malaysia
According to the latest statistics from the Malaysian Department of Insolvency (MDI), Malaysia’s bankruptcy cases have risen in recent years. The latest number recorded by MDI shows that a total of 34,043 individuals were declared bankrupt from the year 2019 until April 2023. This indicates a concerning trend of financial distress among Malaysians and highlights the importance of understanding the process of declaring personal bankruptcy and seeking appropriate legal advice....
Litigation & Dispute Resolution
Understanding the Small Claim Procedure in Malaysia
What is a small claim procedure? A small claim procedure in Malaysia is a simplified and cost-effective legal process designed to resolve small amounts of money disputes. It is an alternative to the regular court system, which can be time-consuming and expensive. Its purpose is to make seeking justice more accessible and affordable to the general public, especially for cases where the disputed amount makes hiring a lawyer impracticable. Small claims dispute...
Personal Legal Procedures
Top Tips for Engaging a Commissioner for Oaths in Malaysia
A Commissioner for Oaths is a vital role in the Malaysian judicial system. In Malaysia, there are roughly 4,000 Commissioner for Oaths licensed in Malaysia. Their role shouldn’t be confused with that of a notary public, even though the work of the two may appear similar. This article explains what a Commissioner for Oaths is and their roles so you can choose the correct official for your circumstances. What is...
Litigation & Dispute Resolution
Things You Need to Know About Drafting a Letter of Demand in Malaysia
What is the purpose of a Letter of Demand? A letter of demand (“LOD”) is a letter to request some demands, often for payment of money, before resorting to legal action. It lays down the foundation and background of the claimant’s claim against the recipient. Simply put, it is a written request sent by the claimant or their lawyer demanding action or payment from the other party before potentially taking...
Personal Legal Procedures
Guide to Making Statutory Declarations in Malaysia
What is a statutory declaration? A statutory declaration (“SD”) (commonly referred to as “Surat Sumpah” or “Surat Akuan Bersumpah“) is a legal document that enables an individual to insert and affirm the truthfulness of a statement in writing. It is a legally binding declaration signed by an individual affirming that the information provided is accurate and truthful to the best of their knowledge. The law regulating SDs in Malaysia is...
Personal Legal Procedures
The Legality of Abortion in Malaysia
Pregnancy is welcomed when a woman is emotionally and financially prepared to accept a child into her life. The failure of contraception or rape is just two of the many causes of unintended pregnancy that affect millions of women every year throughout the world. Unwanted pregnancies leave women with three choices: safe abortion adoption or embracing parenthood. Abortion is the termination of a pregnancy by medical or surgical means that...
Housing
The Tenancy Agreement Checklist: Legal Considerations for Renting Property in Malaysia
Understanding the Tenancy Agreement As a legal contract between a landlord and tenant, a tenancy agreement serves as a comprehensive guide outlining the terms and responsibilities of both parties. It defines the rights and obligations of each party and provides a legal framework for resolving any disputes that may arise during the tenancy period. Entering into a Tenancy Agreement A tenancy agreement (“TA”) or commonly referred to as “perjanjian sewa”...
Corporate Law
Hierarchy of Courts in Malaysia
In the governing framework of Malaysia, three critical pillars exist: the Executive, Legislative, and Judiciary branches. The judiciary is the court system that decides legal disputes, defends the law, and applies it in legal cases. In every nation, the judiciary plays a crucial role in deciphering and administering the law and resolving disputes between the citizens as between the citizens and the state. The judicial system is the most expensive...
Litigation & Dispute Resolution
Elements of Medical Negligence in Malaysia
In its ordinary meaning, negligence is the failure to act as a reasonable person would or do something a reasonable person wouldn’t do. In tort law, negligence means breaking a legal duty to exercise care, causing unintended harm to the complainant. What is medical negligence? Medical negligence, also known as medical malpractice in Malaysia, is a breach of the duty of care owed by a healthcare professional to their patient,...