Dear Members of the Perak Bar,
Kindly take note of the following matters .
1. INITIATIVE OF THE BAR COUNCIL TO CURB TOUTING
Attention is drawn to the Circular No 075/2023 dated 14.03.2023 issued by the Bar Council Malaysia to all its members, to address the issue of touting , which is viewed as professional misconduct pursuant to S 94(3)(h) of the Legal Profession Act 1976 and Rule 52 of the Legal Profession (Practice & Etiquette) Rules 1978.
As the Bar Council is actively preparing to investigate the numerous complaints received in recent times from members and the public with regards touting, members are encouraged to lodge an online report log specifically created for this purpose . Kindly refer to the Circular which is available at the Bar Council website . Alternatively you may address your complaints directly to the Perak Bar Secretariat by 28.06.2023, who will then forward the same to the Bar Council .
2. THE ARRIVAL OF THE HIS LORDSHIP TN MOSES SUSAYAN IN IPOH
We are pleased to inform members that His Lordship Tn Moses Susayan , the newly appointed Judicial Commissioner is sitting at the Ipoh High Court (No 3) as of 16.06.2023. All matters that are registered in High Court No 3, will now proceed accordingly.
3. WITNESS STATEMENTS
We are also pleased to inform members that witness statements no longer need to be filed by way of an affidavit and members can revert to the previous practice of filing unsigned copies of the same before trial. However, members who have proceeded to file witness statements by way of an affidavit may still use the document at trial.
4. PENAL NOTICE
It has been brought to our attention that there are certain members who object to the inclusion of the Penal Notice endorsement on draft orders/judgments; on the ground that it was not prayed for in the pleadings nor ordered by the Court. This issue was raised and discussed with the High Court Judges and pursuant thereto, it was agreed that the endorsement of the penal Notice pursuant to O45 R7(4) and Form 83 of the Rules of Court 2012, does not require a Court order as it is an endorsement stipulated under the Rules and not a remedy that is prayed for.
5. PROPER DECORUM IN COURT
Members are kindly reminded to observe proper decorum and attire while appearing and addressing the Bench , be it by way of zoom or physical attendance in open court. Kindly log in early for zoom sessions as the Judges usually start promptly to hear matters before adjourning to open court. If any member face any technical difficulties in logging etc, kindly contact the respective Court interpreter to notify them of your difficulty and to stand down your matters while you resolve your issues.
6. COURT SITTINGS IN GERIK MAGISTRATES COURT AND PENGKALAN HULU MAGISTRATES COURT AS OF 01.07.2023
Kindly take note of the following new schedule of Court sittings at the aforesaid courts effective from 01.07.2023 :-
Monday, Tuesday and Wednesday only
Thursday and Friday only
In the event of any queries on the status of your matters currently pending at the respective courts, kindly contact Puan Dayang Nuradilah binti Awang Ismail via telephone at 05-7911531 or via email at firstname.lastname@example.org
Finally, we urge members of the Bar to continue to notify us of any issues pertaining to Perak Courts in general that requires our attention and/or intervention. You may either email me directly or to the Secretariat and we will look into it. Feedback from members are always welcomed to ensure a smoother practice for all.
Courts Liasion Sub Committee