This is a useful guide which assists in understanding the powers and jurisdiction of courts in Malaysia. In its concise yet enlightening discourse, the book simplifies jurisdictional concepts purely from the practitioner’s point of view. It helps practitioners provide better assessment and advice to their clients so that the best course of action can be taken even as developments that affect the courts and the judiciary constantly evolve.

Key Features

• Provides clear explanation of the powers and jurisdiction of courts in Malaysia
• Incorporates all the latest amendments to the Subordinate Courts Act 1948
• Highlights significant recent changes in the judiciary
• Contains updates in line with the new Rules of Court 2012
• Introduces Coroners Court and other specialist courts
• Considers new case law concerning jurisdiction of courts
• Highlights new divisions of the High Court
• Discusses the doctrine of stare decisis in Malaysian courts
• Provides useful insights into the operation of the Native Courts
• Presents other general developments concerning the courts and the judiciary

To facilitate understanding of the new legislation, the author has provided an expert overview which highlights the following salient features of the new Act:

• Greater clarity on the registration of non-traditional trademarks;
• The registration of collective marks;
• Removal of the concepts of defensive trademarks and associated trademarks;
• Multi-class filings, divisions and mergers of applications previously unavailable under the Trade Marks Act 1976;
• Greater clarity on the examination of trademarks;
• New provisions on opposition and appeal procedures;
• Rearrangement of the provisions pertaining to cancellation actions;
• Illuminates the provisions pertaining to trademark infringement, including acts amounting to infringement, secondary liability, usage of signs, available defences and procedures and remedies (including the new remedy for groundless threat of infringement proceedings);
• Criminal offences relating to trademark infringement (previously found under the Trade Descriptions Act 2011) are now consolidated and provided for under the Trade Marks Act 2019;
• Commercialisation of trademarks;
• New provisions pertaining to the role and administrative procedure of trademark agents.

The overview is written by an expert and seasoned practitioner with vast knowledge and experience on matters relating to Intellectual Property law, who was accorded the accolade of the Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia.

This publication is an essential source for lawyers, all Intellectual Property practitioners, academics and students of law, and is invaluable in facilitating a good understanding of the new statutory regime regulating trademarks and related practices in Malaysia.

Since the publication of the second edition in 2012 there have been a number of changes to trusts legislation in both Jersey and Guernsey. Key changes relevant to those drafting trust documents for use in both jurisdictions include: An amendment to the Trusts (Jersey) Law 1984 in 2018 Clarified the rules that may be contained in a trust instrument concerning the disclosure or information or documents concerning a trust to beneficiaries and other persons. Widened the statutory provisions concerning the accumulation of income to capital by providing that where income is not distributed, and no trust to accumulate it or power to accumulate it to capital or retain it as income applies, the income retains its character as income. This part of the amendment also confirmed that there is no time period within which a power to accumulate income must be exercised. Clarified the statutory provision concerning the reasonable security to which a trustee is entitled on retirement or distribution of trust assets or the termination of the trust where such reasonable security is provided by an indemnity. It is now clear that the “protection” of such an indemnity may now extend to, among others, officers and employees of a corporate trustee and their heirs and successors, and persons may enforce the indemnity whether or not they were parties to the original document by which the indemnity was created. Since the last edition of this book, Guernsey and Jersey have both changed their laws to permit same sex marriages, Guernsey in 2017 and Jersey in 2018. Another significant law change in both Islands since the last edition concerns capacity. The Capacity and Self-Determination (Jersey) Law 2016 came into force on 1 October 2018, replacing the previous curatorship regime and established for the first time the right of a Jersey resident to plan for the risk of future mental incapacity by enabling them to granting lasting powers of attorney for health and welfare on the one hand and for property and financial affairs on the other. Guernsey introduced lasting powers of attorney in 2022. This third Edition also draws on changes to legislation and case law in other jurisdictions which may be of relevance in Jersey or Guernsey in the future.

A practical and comprehensive guide to the law and practice of structuring projects for the sale and transportation of gas and LNG, based on the author's own comprehensive experience. The discussion is augmented by three precedent agreements and a set of further clause examples which demonstrate the practical mechanics of putting the deal together. Presents a detailed, hands-on guide to the drafting, negotiation and interpretation of natural gas and LNG trading, shipping and transportation contracts Contains three new chapters on LNG Trading Platforms; MSA Terms; and Sales Contracts for Unconventional Gas Highlights the legal and commercial issues involved at each stage and advises how they should be handled in practice Offers clause-by-clause commentary on the typical provisions within gas and LNG, sales, shipping and transportation agreements Pinpoints the key issues and suggests solutions to problems that can arise Discusses the nature of gas and LNG and the contracting process Explains in detail the common components of contracts, including quality and pressure, liabilities and limitations, force majeure and dispute resolution Provides discussion on the commercialisation of natural gas in light of concerns about climate change, cleaner energy sources and the security of energy supplies Includes expertly drafted precedent agreements Covers price reviews and reopeners Written from the perspective of English law but in the light of international experience and practice

All Malaysia Tax Cases 2023 (AMTC 2023) reports 44 significant and recent revenue law cases decided by the Special Commissioners of Income Tax (SCIT), the High Court, the Court of Appeal and the Federal Court of Malaysia.

Each judgment reported is complemented by a concise case summary highlighting the facts and issues, the legal principles involved, the application of the legislation relevant to the issues in contention, and the decision.

Cross-references are made to the reported corresponding cases between the SCIT and the higher appeals. AMTC 2023 includes a wide spectrum of tax laws ranging from income tax, real property gains tax, goods and services tax, and stamp duty.

AMTC 2023 is a must-have case reference for professionals in the tax and accounting field, legal practitioners and tax litigators, policy makers, as well as academics and students pursuing their education in accounting and taxation.

This report should assist with research and enable the proper application and understanding of the current legal tax issues that arise in Malaysia.

Key features

• Reports the full judgment as delivered by the SCIT, the High Court, the Court of Appeal and the Federal Court.
• Each case reported comes with a concise headnote summarising the facts, the issues, and the decision.
• Subject Index is provided, with key terms to indicate the relevant question of fact or law of the case.
   

• headnote summarising the facts and decision in the judgment; and 
• critical commentary by expert legal practitioners and adjudication panellists discussing on the effect and impact of the decision in the construction industry and adjudication practice

A handbook covering the law of upstream, midstream and downstream petroleum contracts. Covers standard industry documents providing the legal framework for upstream, midstream and downstream petroleum contracts, with accompanying commentary on their application to energy transactions and related matters Looks at issues relating to mineral laws, including licences, and host government and inter-governmental agreements Examines preliminary participation contracts, including agreements and concessions relating to confidentiality, area of mutual interest, joint study, joint bidding and joint wells; data trade and sharing contracts; and enforceability of reasonable endeavour and best endeavour covenants Assesses model form joint operating agreements, including contents, accounting procedure, and trust deeds Examines drilling, procurement and services contracts Discusses the principles of unitisation and unitisation agreements, and considers pooling and other joint development options, pre-unit agreements, UUOA and JOA relationships, principles of petroleum lifting and commingling, balancing agreements, title interests, allocation and attribution/substitution agreements Advises on petroleum management contracts including those for provision of petroleum processing and operational services; third party access to infrastructure, project structures for gas liquefaction and LNG regasification, contracts for terminal access and provision of services Deals with oil, gas and LNG sales contracts dealing in detail with their respective terms Goes through shipping contracts, including ship leasing, time and voyage charter-party terms, contracts of affreightment and bills of lading Addresses pipeline transportation contracts, looking at the transporter and shipper perspectives, pipeline system rules, sales and transportation contract interfaces, cross-border pipeline investment protection, agreements for pipeline crossing, proximity and tie-in, and pipeline capacity management agreements Extends coverage to interest sale and purchase contracts, including asset exchange contracts, farm out and earn out agreements, addressing pre-emption, due diligence, representations and warranties Features decommissioning and security contracts Includes contractual clauses for the construction of petroleum infrastructure Examines corporate and project finance agreements, taking into account contingent consideration, royalty deeds, volumetric production payments, reserves based lending agreements, debt prioritisation and security interests Examines options for the negotiated, arbitration and judicial resolution of disputes involving oil and gas contracts and projects, including governing law and jurisdiction provisions Covers dispute resolution New to the 3rd edition include dedicated chapters on Petroleum Royalty Agreements and Environmental, Social, and Governance (ESG) Provisions.

Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 1st Supplement brings the text fully up to date in the light of extensive new case law and legislative developments, including the UK not acceding to the Lugano Agreement. Commercial Injunctions provides: Unparalleled in-depth coverage of all aspects of injunctions Highly practical advice on how and when to obtain injunctions, how to defend against such orders and the options available Key insight into the continuing evolution of the Mareva jurisdiction preserving assets A coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes. A one-stop source of answers to key questions

Cretney and Probert’s Family Law provides a clear and detailed account of this core area of law. As part of the Textbook Series, the work sets out a clear framework and seeks to explain the intricacies of the law as clearly as possible, without sacrificing the detail that is required for a proper understanding of the subject. Provides students with guidance on all the major themes and principles of family law Sets issues in their social and historical context showing students how the law has developed and its modern social significance Includes discussion of key debates and policy developments Mirrors the structure of a traditional family law course for ease of use during studies Uses cases, references and explanatory narrative to support the text New to the 11th Edition: Key legislative changes include the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, the Divorce, Dissolution and Separation Act 2020, the Domestic Abuse Act 2021, and the Marriage and Civil Partnership (Minimum Age) Act 2022. A new chapter on Cohabitation.

100 Ways to Save Tax in Malaysia for SMEs, 2nd Edition presents clear explanations on key aspects of taxation of small and medium companies in Malaysia with valuable tax-saving ideas to enable businesses to fully use available tax breaks and incentives. This edition provides basic tax information to help owners better understand their tax liabilities and mininise their tax exposure and also supplies practical guidance on how taxpayers can meet compliance requirements so as to stay clear of penalties and tax audits.

Key Features:

• Describes and illustrates the use of the reduced tax rate for SMEs
• Considers tax implications of major business initiatives from the point of view of promoters and investors
• Discusses sales tax and service tax as well as provides guidance on the upcoming goods and services tax
• Contains useful guidance for businesses to ensure compliance under self-assessment
• Fully up-to-date containing new changes brought in by the Finance Act 2014

 

Easy-to-Understand

• Principles of taxation of SMEs are clearly explained in simple language
• Instructive examples facilitate understanding and assist in tax planning
• Simple Tax Planning Tips summarised at the end of every chapter
• Detailed table of contents and useful cross-references facilitate easy navigation through the text
• Relevant Inland Revenue Public Rulings are reproduced as appendices for easy reference
   

"This work is a must for all limbs of the legal profession - law teachers, students, judges and practitioners. It is the piece in the constitutional jigsaw puzzle that has been missing for all this time."

From the Foreword by Gopal Sri Ram

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Prepared by a seasoned practitioner with experience of a wide spectrum of subjects of the law, this book makes available clear, detailed and analytical Article-by-Article commentary on the Federal Constitution. The principles of law developed through cases over the years, both local and foreign, are carefully distilled and summarised for the easy guidance of users.

The provisions of the Constitution are fully up-to-date and helpful cross-references guide users through the intricacies of the working of the supreme law of Malaysia. The commentary is presented in a readable style and contains significant recent court decisions interpreting the working of the Constitution.

KEY FEATURES

• Clear and detailed Article-by-Article commentary on the Federal Constitution
• Important applicable principles discussed, supported by relevant authorities
• Discussion of cases decided upon issues arising under the fundamental liberties provisions and the pre-Merdeka laws
• Critical analysis of some controversial decisions which provides the base for raising fresh arguments in future cases
• Includes useful historical background and cross-references to other legislation which complement the Constitution
• Considers foreign cases, especially those from India, Singapore, the United States and Australia, which help to interpret and provide clearer understanding of some key provisions of the Constitution

Effective Dispute Resolution: Strategies for Lawyers, Business Managers, and Commercial Dispute Professionals In the complex world of commercial transactions, disputes are inevitable. ‘Effective Dispute Resolution’ is a guide to navigating these challenges with confidence and precision. The aim of this book is to provide practical insights into how to mitigate the economic impact of disputes and the hidden costs of litigation. This includes understanding why disputes escalate and how traditional litigation can polarise a dispute and end up destroying business relationships. The focus is on the active consideration of alternative methods that can save time, reduce costs, and preserve partnerships. The emphasis is on effective, rather than alternative, dispute resolution. Comprehensive coverage of: Drafting robust dispute resolution clauses to pre-emptively manage conflicts. Non-binding methods: negotiation, mediation, and early neutral evaluation. Binding methods: expert determination, arbitration, and litigation. Hybrid approaches: blended strategies that combine the best of all methods. Innovative perspectives: The evolution and effectiveness of online dispute resolution and remote hearings. The development and future impact of AI in dispute resolution. The psychology of dispute resolution and the importance of the human factor in effective dispute resolution. Practical tips for in-house counsel and international lawyers to resolve disputes efficiently across jurisdictions. Whether you are a seasoned dispute resolution lawyer, an in-house legal adviser, or a business manager involved in a dispute, this book offers valuable tools and strategies to achieve optimal outcomes. Drawing on the latest trends and real-world examples, ‘Effective Dispute Resolution’ serves as a comprehensive guide to mastering the art of commercial dispute management to deliver the most effective outcome.

Presenting the law in a clear and concise style, this updated second edition guides and supports a quick understanding of the Malaysian company law system. Regular reference is made to the provisions of the Companies Act 2016 to enable the reader to appreciate the statutory scheme regulating companies in Malaysia. Illustrations are used to clarify concepts and cases are cited for reference. Mind maps have been included to assist a quick appreciation of key concepts and procedure. Comparison is made with the former scheme under the Companies Act 1965 where relevant and helpful comments are included to aid the analysis of more difficult areas of the law.

Each chapter begins with its learning objectives, presents the essential principles in succinct paragraphs and concludes with a summary to ensure that the reader obtains a clear understanding of the subject matter covered. A section titled “Points to Ponder” highlights difficult areas which may merit further discussion and consideration. The Appendix to the book contains a useful comparison of key provisions in the Companies Act 1965 and the Companies Act 2016.

Changes made by the Companies Act 2016 Reprint and the Companies (Amendment) Act 2019 have been covered, including the requirements for the execution of documents and the conditions for loans to directors.

This book is especially suitable for non-law degree students who take Company Law in their course of study as well as candidates taking MAICSA, ACCA, MICPA and MIA examinations. It can also be of interest to practitioners who need a quick refresher on basic principles and those who want to learn more about the general law relating to companies and how the Companies Act 2016 impacts their business.

Key Features of this New Edition

• Presents essential principles in clear and succinct style
• Contains illustrations and charts that facilitate understanding
• Mind maps support easy understanding of key concepts and procedure
• New developments include requirement for register of beneficial owners, audit exemption and regulations on judicial management and corporate voluntary arrangement
• Expanded coverage of the law on partnership and limited liability partnership
• Extensive cross-referencing for easy navigation through the book
• “Points to Ponder” highlights difficult areas which merit further consideration
• Appendix makes available a useful comparison of differences between the Companies Act 1965 and the Companies Act 2016 and acts as an index to the contents of the book
  
   

• Provides comprehensive coverage of Criminal Law, written in a practical and simplified manner for easy understanding
• Adequately supported by case law and statutory provisions with other references providing signposts for further readings
• Wide coverage that includes crimes of topical concern like terrorism, money laundering, cyber crimes, and corporate criminal liability
• Contains useful overview of the criminal jurisdiction of the courts and outline of key criminal processes
• Multiple contributors from various universities, making this the go-to student text 
• Discusses operation of the Abolition of Mandatory Death Penalty Act 2023
• Includes coverage of Islamic criminal law and international criminal law 

• Provides comprehensive and illuminating explanation of the Federal Constitution
• Contains the invaluable knowledge of a constitutional law expert
• Uses a clear structure and helpful headings to enable easy access to relevant information
• Written in clear and simple language

This book has been specially written to provide a good and clear understanding of the Malaysian Federal Constitution to all. Prepared by Malaysia’s acknowledged constitutional law expert, Shad Saleem Faruqi, it is a book full of valuable information on the intricacies of the workings of Malaysia’s supreme law. Drawing from his extensive knowledge of the subject, the author has prepared a text that is comprehensive, yet easy-to-read. For those needing more in-depth sources, relevant case authorities and provisions of the Constitution have been provided.

Megarry & Wade provides comprehensive and authoritative coverage of all aspects of the contemporary law of real property as well as valuable information on the historical background of the law. First published in 1957, it is Sweet & Maxwell’s flagship frontlist title in this subject area – it is a clearly structured, comprehensive, and authoritative text that covers every aspect of the subject. The book examines the conventions and principles of the subject in a way that is seldom replicated elsewhere. The text covers every element of the law of real property and offers a complete explanation of the law as it stands. The text itself is divided into clearly referenced and accessible chapters – each chapter comprehensively addresses a specific area of law and has been formulated for ease of navigation and the natural flow of information to the reader. The book introduces the reader to substantive areas of law before dealing with the complex issues which can arise in relation to priorities between competing interests. Basic principles and concepts are given a full explanation and applied in greater detail in a historical, contextual, and practical manner, enabling the reader to develop a firm grasp of the subject and its key issues. It covers a broad subject but is authoritative and frequently cited. Places the development of land law in a historical context and sets out clearly the legal framework for real property, enabling practitioners to put the current law in context Covers the whole of the English law of real property, together with related subjects such as conveyancing, leases and wills and intestacy, in single volume, providing a vital tool for all property and conveyancing solicitors and barristers Provides a comprehensive examination of the rights and liabilities of landowners, setting out the legal requirements, explaining the technical issues and providing authoritative interpretation of statutes and measured analysis of relevant decisions Deals with the complex issues that can arise in relation to priorities between competing interests, highlighting potential issues and the means to resolve them Includes extensive case referencing, showing how the law can be applied in practice Incorporates the raft of recent legislation and case law that has transformed property law in England and Wales Explains the fundamentals, principles, and concepts of the law of real property, providing the ideal first point of reference to find a definitive answer on this broad subject Includes extensive case referencing, showing how the law can be applied in practice · Painstaking attention to detail Considers aspects of Land Law which other titles do not, e.g. the chapters on Wills, Perpetuities and Land Law, Settlements, Rentcharges A repository of historical material that cannot easily be found elsewhere Authoritative text frequently cited in court and drawn on by parliamentary draftsmen