Dear Members of the Perak Bar,
 
RE: COURTS LIASION SUB COMMITTEE CIRCULAR 04/2023
 
Kindly take note of the following updates and issues  :-
 
1.  Applications for Vesting Orders  in the High Court

It has been specifically brought to the attention of the Perak Bar Committee that affidavits in support of  applications for Vesting Orders filed at the Ipoh High Court are falling short  of particulars and clarity in the narrative. The Court has pointed out  that it is imperative  that there should be full disclosure of  particulars pertaining to the relationship between the applicant and the deceased , all degrees of relationships concerning the deceased and the beneficiaries, with special  reference to minor interests . All revocation of interest and consents from beneficiaries  to the application need to be filed to support your client’s application. We are notified that the Courts will no longer entertain oral amendments or allow adjournments on the Hearing date  to file further affidavits  to include missing particulars . Members are kindly reminded to ensure that your clients’ affidavits disclose sufficient information for the Courts to grant the vesting orders as the Courts are minded to strike out applications that are found to be lacking in facts .
 
 
2. Rules of Court (Amendment ) 2023 [ P.U. (A) 228 ]  and Rules of the Court of Appeal (Amendment ) 2023 [ P.U (A) 228 ]   –  both published  in the Federal Government Gazette  on 31.07.2023
 
Please take note that Rules of Court 2012 and the Rules of the Court of Appeal  1994   are amended  as follows and the amendments are effective from date of publication i.e 31.07.2023 in the Gazette  pursuant to S17 r(4)  Courts of Judicature Act 1964 ( Act 91)   :-
 
   i.  Rules of Court (Amendment ) 2023 [ P.U. (A) 228 ] 
 
        a)  Order 41 r 9 (2)  Rules of Court 2012 which are referred to as the “principle Rules” is  amended by deleting “and filing”
 
        b)  Form 2 of Appendix A is amended   by substituting the words “inclusive of the day of such service” with “excluding the day of such service”
 
        c)   Form 2A of Appendix A is amended   by substituting the words “inclusive of the day of such service” with “excluding the day of such service”
 
   ii.   Rules of the Court of Appeal (Amendment ) 2023 [ P.U (A) 228
 
        a)  Rule 71 of the Rules of Court of Appeal is amended by deleting the words “under subsection 66(1) of the Courts of Judicature Act 1964 or”
 
 
3. Meet and Greet on 25.07.2023 at the Bar Room , Ipoh High Court
 
Our “Meet and Greet”  session between the  members of the Bar and the  Committee on 25.07.2023 was  fruitful with members raising issues and sharing their views on various areas of practice. We hope to see more participation from members in the  next session  so that we can exchange information and  try to trouble shoot some of the issues members face  on a daily basis with regards to practice .
 

4. General matters
 
    i.        We are aware of the difficulties in obtaining  confirmation from JPN (Jabatan Pendaftaran Negara)  such as the NRIC searches and verification of  status of the  persons concerned  whereby JPN has set conditions for members  to comply with before furnishing the same . Some of these conditions require members to furnish our client’s  cause papers filed in court , Agreements and the Bank’s  Charge documents which  contains sensitive data and are  of no relevance to JPN. The Committee plans to hold a dialogue with JPN to address this and ascertain what exactly they require to release the aforesaid information so that they too do not run foul of the Data Protection Act.  We urge members to let us know of any other problems that you may be facing with JPN so that we may include the same in our dialogue.
 
    ii.       Kindly note that pursuant to the Administrative Order from the Chief Registrar of the Federal Court No  1/2018, the Courts are to end the e-review session and lock the minutes of proceedings on the same day. It has been brought to our attention that some courts do not end the e-review session on the same day. Members are kindly informed to contact the respective court before the close of the day to check on the status of the e-review .
 
    iii.      We have recently been informed by the Senior Registrar of the High Courts,  that the Courts have allotted six (6) parking bays only to members of the Bar. Four (4) lots are  opposite the parking bay reserved for the DPP’s and two (2) lots,  are at the back portion , outside the Court building.  Members kindly take note of the same while we look into this matter as clearly the parking bays allotted for members are insufficient  .
 

Thank you.


SHEANNA SHANTA
Chairperson
Courts Liasion Sub Committee