A) Previous position regarding “good” service of Writ – a dilemma Order 10 Rule 1 of the Rules of Court 2012 (‘ROC’) stipulates, ‘…...

The case of Mully v Manifold [1959] 103 CLR 341 defines Discovery per Justice Menzies as follows: “Discovery is a procedure directed...

A) Standard of Proof It is important to realise that Courts often consider the sufficiency of evidence presented in a given case for the...

In 2014, when tennis ace Roger Federer pulled out of the World Finals, millions of tennis enthusiasts dubbed the act as a “disgrace”. Now...

A) What is Functus Officio? The phrase “having discharged his duty” resonates with the term Functus Officio as it refers to an officer or...

Abuse of Process (“AOP“) is where a person and/or a party uses the legal system in a way that does not serve the underlying goal of a...

What is a Without Prejudice (“WP”) Letter you ask? Well, it is literally a letter with a small part somewhere on the document labelled...

Situation 1 Adira and Shaan are involved in a divorce proceeding. Consequently, they agreed to sort out the terms of the divorce...

Say you receive a Letter of Demand from a law firm stating the following: TAKE NOTICE that our client has instructed us to demand, which...

Pleadings are important in every civil action as they lay down the bricks that make up one’s case. Sometimes however, the Pleadings may...

The Rules of Court 2012 (“ROC”) or Kaedah-Kaedah Mahkamah 2012, as it is known in Malay is dubbed the holy scripture for legal...

With the immense traffic of cases that Courts deal with, plenty of cases, in particular interlocutory applications are disposed-off...

Statistics reveal that a whopping 85% of cases from the court of first instance (i.e. the Magistrates’ Court, Sessions Court and High...

In civil trials, the Plaintiff opens their case by calling their witnesses to substantiate their case. After the Plaintiff rests their...

Can I get a judgment against the Defendant without going through full trial? Especially when the Defendant practically has no defence or...

The right for a party to appeal in civil matters from the High Court to the Court of Appeal flows from the section 67 of the Courts of...