Book & eBook
Author :
Wui Kiat, W.
Publication Date:2021-11-01
Quantity
RM 380.00
ISBN:
9789672919896
jurisdiction:
Malaysia
In the breakdown of a marriage, one of the most important considerations for divorcing parties (alongside the custody and care of children of the marriage) is the division of matrimonial assets.
Malaysian Law on Division of Matrimonial Assets (Second Edition) is a comprehensive text covering all the principles which govern the judicial division of matrimonial assets incidental to a court decree of divorce or judicial separation. The main provisions of the Law Reform (Marriage and Divorce) Act 1976 (“LRA 1976”) and its accompanying rules, the Divorce and Matrimonial Proceedings Rules 1980 that govern this area of law in relation to non-Muslims are analysed and explained in great depth and detail. The law applicable to Muslims and the application of native customary laws are also covered.
To elucidate the application of the law in various factual scenarios, copious court decisions – selected from Malaysia and countries with similar laws, such as the UK, Singapore and Australia – are thoroughly reviewed, to provide a good grasp of the different considerations in ascertaining how matrimonial assets should be divided. Important issues such as what constitutes matrimonial assets, the duty to make full disclosure, and the relationship between the law on division of matrimonial assets and other laws such as contract, trust, and succession laws are given due focus.
This second edition has been updated with two new chapters: Chapter 15 covers the nexus test for determining whether an asset is to be regarded as matrimonial property and the division of such properties, which was introduced in Yap Yen Piow v Hee Wee Eng. Chapter 16 surveys the Law Reform (Marriage and Divorce) (Amendment) Act 2017, and its impact on section 76 of the LRA 1976 for the purposes of division of matrimonial assets.
Family law practitioners will welcome the treatment given to practical matters such as the procedure for making an application for property division, the types of orders that a court may issue, and the means available to resist attempts to defeat any potential claim for division of matrimonial assets, as well as the methods of enforcement when there is non-compliance with a division order.
Key Developments Covered in this Edition
The mastery of the rules of evidence is indispensable in the armoury of every lawyer. This new second edition of Law of Evidence: A Commentary marks a significant leap from the original 2020 edition with fully updated and expanded commentary on the Evidence Act 1950.
The principles of law developed through cases over the years, both local and foreign, are skillfully distilled and succinctly summarised for the easy guidance of readers. The decisions of the Indian courts which are important for a better understanding of evidence law have been carefully considered and discussed. Instructive cross-references guide users through the intricacies of the working of the Malaysian law of evidence.
For legal professionals and students alike, this updated version is invaluable, bridging the gap between fundamental evidence rules and Malaysia’s rapidly modernising judicial landscape.
Key features:
Key developments covered in this new edition
Price:
RM 467.50
RM 550.00
Limitation law plays an important role in the administration of civil justice in Malaysia. It determines when legal proceedings may be commenced, when rights are extinguished by time, and when access to the courts is effectively barred. The rules of limitation are often deployed by defendants as a threshold defence against actions that have been instituted. Limitation undoubtedly forms a substantive body of rules that shapes outcomes in real and often life-changing disputes.
Recognising the criticality of time-bar, this book provides a vital exposition of the law of limitation currently applicable in Peninsular and East Malaysia. It provides a clear statement of the law relating to limitation of actions in Malaysia and comprehensively examines the ways in which the existing framework may be improved to promote fairness, clarity and legal certainty. The Limitation Act 1953, the Limitation Ordinances of Sabah and Sarawak and other related legislation are closely studied to extract the workings of their intricate details.
This book adopts both an analytical and a reform-oriented approach. It brings together statutory provisions, judicial decisions and comparative material to provide a coherent account of Malaysian limitation law as it stands, while also identifying areas where the law produces unjust or inefficient outcomes. Where appropriate, reference is made to developments in other common law jurisdictions to illuminate how alternative approaches might better serve the interests of justice.
This new addition to the Malaysian Litigation Series will undoubtedly provide a contemporary and up-to-date reference to strengthen the armoury of every litigator which is indispensable to practitioners, judges, academics, and students.
Key features:
Price:
RM 300.00
Memories of the journey of a lawyer, legal counsel and judge
Quote from Foreword
“… this autobiography is a must-read not only for what it says but also for what we must infer from between the lines. The author is to be congratulated for the honesty of this work but there is more.”
— From the Foreword by
Dato’ Mahadev Shankar
Retired Court of Appeal Judge
This book traces the life and career of a Malaysian law professional who was born in Kuala Lumpur after the end of the Second World War and lived through the years when an insurrection posed an existential threat to the newly established Federation of Malaya in 1948. A barrister-at-law, a corporate legal counsel and later a judge in Fiji, David Alfred recounts living at the sharp end of the Emergency with his doctor father encountering armed bandits and he himself coming under gun fire and witnessing a dead terrorist.
He was a student in primary school when Malaya became independent in 1957 and a student in secondary school when Malaysia was formed in 1963. He then lived through the Confrontation years. He was a law student in London and saw the setting of the sun on the British Empire. His reflections down memory lane provide a rare view of post-war life in Malaya and personal accounts of the early years of Malaysia.
In an interesting narration of the stories of his life, David Alfred recounts his experiences as a practising advocate in the courts in Malaysia and then as legal counsel in two leading banks in Kuala Lumpur. His legal career culminated with his judicial appointment in Fiji.
This is an account of what it was like to practise Law, to advise on Law and finally to dispense justice according to the Rule of Law. An interesting read for members of the legal community, this book shares insights of the rich history of the legal community in Malaysia and a rare glimpse of judicial life in Fiji.
Price:
RM 80.00
In today’s increasingly complex strata titles framework, this book serves as a practical, accessible guide to Malaysia’s strata management law, drawing from statutes, key judicial decisions, and Strata Management Tribunal (SMT) practice to bridge legislation and everyday application.
Authored by a seasoned legal practitioner with over 33 years of experience in dispute resolution, corporate and commercial litigation, and advisory work, this book instils confidence in every page. Readers can trust its authoritative insights, drawn from decades of real-world expertise. Its logical layout ensures swift navigation to any specific issue, making it the indispensable go-to companion in Malaysia’s fast-evolving world of strata management.
TaglineNavigate Strata Challenges: The Essential Handbook for Management, Dispute Resolution & Tribunal Wins
Key features:
Price:
RM 180.00
