• Sunday, October 22, 2017

Report by Perak Bar Representative to The Bar Council 2009/2010
by perakbar

This being my second year as Perak Bar representative to the Bar Council, I was assigned to be the Chairperson for the LawCare Committee and contact person for National Court Liaison Committee.

1. LawCare Committee

1.1 As you are aware, each practising member of the Bar pays RM100.00 per year to the Bar Council LawCare Fund and the Bar Council has taken out an insurance whereby upon the death of a member of the Bar who is in possession of a practising certificate at the time of his death, the sum of RM30,000.00 would be paid to his named nominee, or his personal representative in the event there is no nominee.

1.2 Before June 2009 the entire sum of RM30,000.00 was paid out by the insurance company. However, with effect from 1.6.2009, our previous insurers were quoting a very high premium and we had to change the insurer to Anika Insurers Brokers Sdn Bhd. It was only feasible to insure the members for RM20,000.00 and even then the insurers would only insure those members until the age of 69 years.

1.3 Hence, the Bar Council pays out RM10,000.00 from the LawCare Fund and upon receipt of RM20,000.00 from the insurers, the same is paid out to the named nominee or the personal representatives or beneficiaries under the Distribution Act, as the case may be.

1.4 To expedite the disbursements of the funds upon receipt from the insurers and the RM10,000.00 from the LawCare Fund, all members are advised to complete the nomination form and send it to the LawCare Department at the Bar Council – Attention: Cik Mazni. New LawCare forms will be given out at the Annual General Meeting together with the annual report.

1.5 For practising members who are above 69 years old, upon death the sum is paid out from the LawCare Fund with the Bar Council.

2. Court Liaison Committee

2.1 Due to problems faced in the Courts after the introduction of Tracking system and Key Performance indicators, this committee was formed. For expedience, each state Bar committee dealt with problems faced by their members and only problems which were common or could not be addressed by the committee were referred to this committee.

3. After the Extra-General Meeting by the Malaysian Bar on 12.12.2009, 3 Specialists Court Committees were formed.as follows:-

i) a committee for High Court civil matters;

ii) a committee for Court of Appeal civil matters and Federal Court; and

iii) a committee for the Criminal High Court, Court of Appeal and Federal Court.

Members are encouraged to write in as regards the problems faced by them if they cannot be resolved at the state Bar committee level so that they can be brought up with the YAA Chief Justice Malaysia and YAA Chief Judge of Malaya.

4. Among the issues that were raised at the first meeting of the Specialist Court Committee held on 26.1.2010 were as follows and your feedback would be appreciated:-

4.1 Costs

Disparity in the amount of costs awarded by the Courts.

4.2 Proposed Combined Rules of the Courts (High Court and Subordinate Courts)

4.2.1 These Rules are available from the state Bar committee.

4.2.2 YAA Chief Justice had at the Opening of the Legal Year said that it is his aim to implement the Combined Rules of the Courts by July this year.

4.3 Case Management and Witness Statements

There has been complaints about lack of standardization case management and witness statements. Your comments to the state Bar committee would be appreciated so that they can be forwarded to the Specialist Court Committee.

5. Law Reform Committee under PM’s Department chaired by Datuk Liew Vui Keong

5.1 The Law Reform Committee with the representatives from the various stakeholders including a representative from the Malaysian Bar has been formed to review various Acts of Parliament with a view to revise/update them. Among the Acts are Civil Law Act, Evidence Act, Criminal Procedure Code, Dangerous Drugs Act, Internal Security Act, Unfair Contract Terms Act, Reciprocal Enforcement of Judgment Act, RELA Act, Commissioner for Oaths Act.

5.2 If there are any other Acts that you think ought to be reviewed, please send a note to the Specialist Court Committee – officers in charge : Miss Vinodhini Samuel and Cik Nik Waheeda.

I join my colleagues at the Bar to wish our Chinese sisters and brothers at Law a very happy, prosperous and healthy New Year.

 

ASBIR KAUR SANGHA

(11.2.2010)

 

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Posted at:
February 17th 2010

11:56

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