General

GENERAL LAW

Overview

In the above practice areas, I have listed the most common disputes faced by the people in Malaysia. However, law governs each aspect of our lives are and the above areas are not intended to be exhaustive. Occasionally, I still faced legal problems presented by client which are not from the list above.

For simplification purpose, there are 3 types of levels of courts in Malaysia which are as below:

  1. lower level – They are called as Subordinate Courts. They comprise of Magistrate and Subordinate Courts. They try actions and cannot hear appeal.
  2. middle level – It is called as High Court. They can try actions and hear appeal from judgments of Subordinate Courts.
  3. upper level – They are called as appellant courts. They are Court of Appeal and Federal Court. They only hear appeals.

Courts in Malaysia (only Subordinate and High Courts) divide each court into different registries to cater for different types of case. This is a method called as “case distribution”. Court of Appeal and Federal Court don’t practise such method. Below table summarises each registries and type of cases heard:

REGISTRY
CIVIL
COMMERCIAL
APPELLATE
CRIMINAL
Type of case heard
  1. Land reference;
  2. Administration of estates;
  3. Contract;
  4. Family law;
  5. Land law;
  6. Revenue;
  7. Tort;
  8. Trust.
  1. Admiralty (in rem and personam);
  2. Banking;
  3. Bankruptcy;
  4. Registration of business;
  5. Companies Act 1965;
  6. Contract (agency);
  7. Finance;
  8. Insurance;
  9. Intellectual property;
  10. Maritime law;
  11. Partnership;
  12. Sale of goods.
  1. Legal Profession Act 1976;
  2. Administrative law
  3. Appeal from statutory bodies;
  4. Arbitration Act 2005;
  5. Civil appeals from subordinate courts.
  1. Criminal trials;
  2. Habeas corpus applications;
  3. Appeals, revisions, and criminal applications