Delivery of Content:
The book is structured into two main parts: Part A (Chapters A1–A6) and Part B (Chapters B1–B6). Part A is available in print, whereas the complete publication, comprising both Part A and Part B, can be accessed via ProView e-book.Receive a 15% discount as a pre-publication offer when you make a purchase today. The offer ends on .....
“… this book [is] an excellent treatise on motor insurance law, as it offers a detailed legal analysis of both current procedural and substantive issues regarding motor insurance law in Malaysia.”
Product Information:
This second edition of The Law of Motor Insurance offers a timely and authoritative guide to the current legal frameworks governing motor insurance in Malaysia. It highlights judicial trends, identifies regulatory gaps, and provides recommendations for policy reforms aimed at enhancing protection for insurers, insured parties, and passengers.
Rich with case law analysis, policy critique and reform-oriented insights, this book is indispensable for legal practitioners, insurance professionals, academics, and policymakers seeking to navigate the nuances of motor insurance law in Malaysia.
From the cross-border implications raised in Nippon Fire v Sim Jin Hwee to the definition and scope of “road” under the Road Transport Act 1987, this book tackles crucial legal uncertainties affecting motorists, insurers and third-party claimants alike. It delves into unresolved issues such as liability on private and gated roads, carpooling and gaps in e-hailing coverage, along with compulsory passenger liability. Of key significance are the judicial pronouncements reshaping the legal landscape, including the Federal Court’s decisions in Malaysian Motor Insurance Pool v Tirumeniyar and Chen Boon Kwee v Berjaya Sompo Insurance Bhd.
This publication is authored by a practitioner who is no stranger to motor insurance matters, having had more than four decades of experience as a practitioner. His knowledge, experience, and insights shine through in this comprehensive and authoritative reference.
Key Developments Covered in This Edition:
- Practical burdens imposed by section 96(3) of the Road Transport Act in today’s digital insurance setting.
- The treatment of lorry attendants and bus conductors post-Saw Poh Wah.
- The challenges of online renewals, backdated cover notes, intervener proceedings and transfer of insurance interest.
- Interplay between policy terms, exclusion clauses and statutory duty in consideration of recent Malaysian and Indian case law.
- Definition and scope of “road” under the Road Transport Act, with implications for claims involving private or gated community roads.
- Issues in modern transport modes such as carpooling and e-hailing, and their insurance coverage shortfalls.
- Impact of recent amendments like the Limitation (Amendment) Act 2018 and obligations under the Financial Services Act 2013 concerning disclosure duties and consumer protections in online insurance marketing.
- Clarification on complex policy interpretations and court rulings including local and foreign case authorities.
Table of Contents:
- Chapter A1: Compulsory Motor Insurance Under the Road Transport Act 1987
- Chapter A2: Policy Required to Be Taken Out Under the Road Transport Act 1987
- Chapter A3: Statutory Duty of Insurers to Satisfy Judgments
- Chapter A4: The Motor Insurers’ Bureau
- Chapter A5: Procedure for Motor Insurance Claims
- Chapter A6: Formation of Contract
- Chapter B1: The Motor Policy
- Chapter B2: Section “A” of the Policy – Loss of Damage to Vehicle
- Chapter B3: Section “B” – Liability to Third Parties
- Chapter B4: General Exception (Exclusions)
- Chapter B5: Conditions
- Chapter B6: Endorsements
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This newly updated edition captures significant changes in family law over the past six years, offering legal professionals and advisers a comprehensive, practical, and insightful resource tailored to address today’s complex realities.
Readers will gain in-depth understanding of recent court judgments that are shaping family law in Malaysia, covering critical issues such as jurisdictional limits, law relating to children, citizenship rights, inheritance rights for illegitimate children, and disputes over religious conversion. This publication also examines how shifting family dynamics, diverse family structures, and technological advancements influence legal principles – from spousal maintenance and asset division to custody arrangements and the use of digital evidence in court. Additionally, it explores emerging areas like the impact of the use of reproductive technologies, surrogacy, and the complex legal challenges posed by digital communication.
This book offers readers the most up-to-date legal developments and case analyses, ensuring they stay well-informed. Authored by seasoned legal experts, it also benefits from the distinguished oversight of two eminent judges with deep knowledge of family law, adding exceptional credibility and depth to the content.
To align with international best practices, a new chapter on collaborative law has been introduced. This approach focuses on minimizing conflict and prioritizing the best interests of all parties involved – especially children – in the resolution of family conflicts, further enhancing the publication’s relevance and value.
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Description: Life today is impacted by the cyber sphere in many ways, whether through emails, social media, video conferencing, data transmission, cloud storage, digital finance, or internet searches. Cyber risks and cyber security breaches abound – a global information technology (IT) disruption due to a cyber attack can bring the entire business world to a standstill; scams, hacking, and phishing cause serious losses. In the face of these risks and threats, heightened vigilance, acute awareness, and strong cyber security systems are crucial in protecting all sectors of society. This book delves into Malaysia’s legislative response to increasing digital threats. It provides a clear understanding of the newly enforced Cyber Security Act 2024 (CSA 2024), analyses cyber security governance, and considers the protection of national critical information infrastructures in the cyber security ecosystem. Various frameworks and best practices to manage cyber security incidents are studied. The book further reviews the licensing of cyber security service providers pursuant to the CSA 2024, giving a clear appreciation of how the regulations operate to enhance consumer protection, promote industry standards, and bolster Malaysia’s cyber security ecosystem. This book will be valuable to legal professionals, IT security practitioners, compliance officers, business owners, and students in navigating the complexities of cyber security law.
Author(s) Name: Mahyuddin Daud
Author’s Description: Mahyuddin Daud is an associate professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He teaches and researches Cyber Law at IIUM. He holds professional memberships for Inns of Court Malaysia, Malaysian Consumer and Family Economics Association, and Global Internet Governance Academic Network. He is currently the Director of Sports Development Centre, IIUM, and has been appointed as a consultant in government consultation projects. Assoc Prof Dr Mahyuddin regularly presents and publishes research papers at international conferences and academic journals.
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A Compendium of the Key Judgments and Speeches of a Jurist Par Excellence
This publication presents selected judgments and speeches of Malaysia’s first lady Chief Justice, Tun Tengku Maimun bt Tuan Mat. The judgments have been carefully curated from the wide range of groundbreaking decisions delivered by this accomplished jurist to showcase the importance and diversity of her judicial opinions. The speeches share the wise words which Tun Tengku Maimun imparted to the audience at various events. Reflections from several persons who have had the privilege of encountering Tun Tengku Maimun at various points of her life and career throw light on her overall persona.
This special publication highlights the judicial thinking and brilliance of this distinguished judge and her courageous endeavour to ensure that justice is served to all who have come before her. Her tenure in the Judiciary has undoubtedly carved an indelible mark in the Malaysian legal and judicial landscape. The legacy of all her masterly work behind the gavel will certainly lead the future development of Malaysian law and this commemorative volume can assuredly take pride of position in Malaysian legal literature. This book is one not to be missed by everyone related to the legal world in Malaysia and the public generally to celebrate the successful career of a brave and resolute judge who championed the rule of law.
Key Features
- Carefully curated content to commemorate the legacy of an extraordinary judge.
- Insightful reflections that give invaluable insights into the life and career of a beloved Chief Justice.
- Key judgments that showcase the judicial integrity of a courageous judge.
- Significant speeches that record the wisdom and foresight of a judicial giant.
- Beautiful photos of fond memories.
Author Bio
Tun Tengku Maimun bt Tuan Mat is the 16th Chief Justice of Malaysia. Her Ladyship read law at University of Malaya and graduated with honours in 1982. Joining the Judicial and Legal Service in 1986, Tun Tengku Maimun held various positions in a career spanning two decades, including Assistant Parliamentary Draftsman, Magistrate, Federal Counsel, Deputy Registrar, Special Officer to the Chief Justice, Sessions Court Judge and Chief Registrar of the Federal Court. Her Ladyship’s tenure in the Judiciary began with her appointment as a Judicial Commissioner in October 2006. Tun Tengku Maimun was soon elevated as a High Court Judge before joining the Court of Appeal in January 2013. This trailblazing jurist was appointed as a Federal Court Judge in November 2018. Her Ladyship’s groundbreaking career in the Judiciary culminated in her appointment as Chief Justice of Malaysia on May 2, 2019. Tun Tengku Maimun is recognised as a brilliant jurist and respected as a fearless judge who strove hard to maintain the rule of law and defend the independence of the Malaysian Judiciary.
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The Courts of Judicature Act 1964 (Act 91) and the Subordinate Courts Act 1948 (Act 92) form the foundation of Malaysia’s judicial system by defining the structure, jurisdiction, and powers of the superior and subordinate courts respectively. The former clarifies the authority of superior courts, while the latter establishes the subordinate courts and outlines their limited jurisdiction. Understanding these Acts is crucial for lawyers to ensure claims are properly prosecuted at the correct court, preventing cases from being invalidated due to jurisdictional and procedural errors.
This publication, The Annotated Courts of Judicature Act 1964 including The Annotated Subordinate Courts Act 1948, delivers invaluable section-by-section annotations of the Courts of Judicature Act 1964 alongside comprehensive commentary on the Subordinate Courts Act 1948. It offers clear and authoritative insights into the application and interpretation of these statutes.
Authored by a seasoned litigator with extensive expertise in Malaysian civil procedure and appellate practice, the work combines the full text of both Acts with high-quality annotations that are practical, insightful, and reliable. This enables readers to develop a confident and thorough understanding of the statutes’ operation.
Key terms and phrases within each section are meticulously explained through references to relevant local and foreign case law as well as academic literature. The publication also enhances usability by incorporating cross-references linking each provision to related sections, facilitating quick and efficient navigation.
The second edition includes thoroughly updated and current content, featuring numerous new case laws and the updated Courts of Judicature (Amendment) Act 2022 to ensure comprehensive and up-to-date coverage.
Srimurugan Alagan is an expert practitioner of law. He began legal practice under the pupillage of the late Karpal Singh. He currently practises under the name Srimurugan & Co and continues to appear in numerous cases in the subordinate and superior courts. Srimurugan is proficient in a wide range of practice areas, including significant constitutional matters.
Other than the first edition of The Annotated Courts of Judicature Act 1964 including The Annotated Subordinate Courts Act 1948, Srimurugan has been a contributor to the Malaysian White Book since its inaugural edition, and has contributed the annotations to both editions of the Rules of the Federal Court 1995 and the Rules of the Court of Appeal 1994.
He also published both editions of Federal Constitution: A Commentary (2019, 2024), Jurisdiction of Courts in Malaysia (2nd edn, 2014), Personal Insolvency Law in Malaysia (2022), The Criminal Procedure Code: A Commentary (3rd edn, 2023), and The Penal Code: A Commentary (2023) with Thomson Reuters. His articles have been regularly published in law journals.
Srimurugan holds a Master of Laws (University of London), specialising in International Dispute Resolution.
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Corporate finance is essential for a company’s long-term success, encompassing the management of its financial resources to maximize shareholder value and ensure financial stability. It involves crucial decisions related to capital allocation, risk management, and financial performance, ultimately guiding the company towards its strategic goals.
This book has been prepared as a reference for stakeholders within the financial industry that delves into corporate finance. It also provides valuable guidance to the management of corporations and businesses on the structuring of financing to drive business growth. Savvy investors can similarly derive benefit from the practical discussions contained in the book.
The regulatory framework administered by Bank Negara Malaysia, Securities Commission Malaysia and Labuan Financial Services Authority has been carefully considered to cover key legislation like the Financial Services Act 2013, the Islamic Financial Services Act 2013 and the Capital Markets and Services Act 2007 as well as the accompanying rules, regulations and guidelines.
Debt financing through bank facilities and instruments and private debt securities such as bonds, sukuk and initial exchange offerings, and equity financing through initial public offering and direct financing (venture capital, crowdfunding and private equity fund), are usefully analysed, supported by illustrative case studies. The law on takeover and merger and acquisition is focused on in one chapter as these are key avenues for business growth where corporate finance can come into play.
Important related matters of insider trading and risk management are critically reviewed to give a complete perspective of the operation of corporate finance. The role of board of directors and shareholder activism as well environmental, social and governance (ESG) considerations in corporate finance are looked at to provide a full appreciation of corporate finance law in practice.
This book is surely one not to be missed by corporate lawyers, finance directors, company directors, in-house counsel, bankers, business owners and informed investors.
•Nik Norzrul Thani is the Chairman and Senior Partner of Zaid Ibrahim & Co. Prior to joining Zaid Ibrahim & Co, he practised with Baker & McKenzie, the international law firm, and previously worked in an audit firm and at a bank in Kuala Lumpur. Dr Nik sits on the board of several public and government-linked companies.
•Zukhairi Salehudin is a Partner of Zaid Ibrahim & Co. He has been involved in a wide range of corporate exercises across multiple sectors, including initial public offerings, dual listings, rights issues, mergers and acquisitions (both local and cross-border), takeovers, corporate restructuring, as well as the establishment of Shariah funds.
•Naqiyuddin Muhammad is a legal practitioner at Zaid Ibrahim & Co, specialising in corporate transactions, including joint ventures, mergers and acquisitions, corporate restructuring, and foreign investment in Malaysia. He has a strong foundation in risk management and anti- money laundering (AML) through his experience as a member of the firm’s Risk Management team.
•Muhammad Umar is a Senior Lecturer at the Faculty of Law, Universiti Teknologi MARA. He specialises in teaching business law, company law, and corporate governance. Before embarking on his academic journey, Dr Muhammad Umar was an associate at Zaid Ibrahim & Co where he assisted the partners in many corporate transactions. His doctoral thesis focused on the regulatory framework governing related-party transactions (RPT) within the ASEAN region.
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Description: This textbook provides practical insights and guidance from an experienced group of intellectual property (IP) law practitioners explaining the law, practice, and procedure of protecting and enforcing IP rights in Malaysia. Edited by an eminent judge and an accomplished IP law practitioner, this book is structured into five principal parts covering Trademarks, Patents, Copyright, Industrial Designs, and Trade Secrets. The expert commentary presents a comprehensive account of the substantive rules that govern these areas of IP law, with the focus being primarily on the Malaysian position. In addition to the thorough survey of local law, references have been made to case law from foreign jurisdictions where uncertainties arise in the local position. This provides a different perspective on possible approaches that may be applicable in addressing the local issues and the strategic planning of IP enforcement action in Malaysia. References to applicable international treaties and conventions ensure that coverage is complete and authoritative. The amendments brought in by the Copyright (Amendment) Act 2022 (Act A1645) and the Patents (Amendment) Act 2022 (Act A1649) as well as the accompanying new subsidiary legislation have been carefully considered. This reference guide is one not to be missed by IP law practitioners, trademark and patent agents, in-house counsel, business owners, and anyone interested in Malaysian IP law.
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In a construction project, it is not always possible to cover every aspect and detail of the works required in the contract documents. Therefore, some aspects of the specifications are implied and/or inferred to be within the original work scope of the contract as long as they are reasonable and necessarily intended, and not contradictory to the express terms of the contract. This can result in a dispute between the contracting parties, as the implied specifications and works may not have been considered and priced by the contractor, leading to a claim by the latter for variation work subsequently.
This book focuses on issues arising from the variation of construction works. After a discussion on the express and implied original work scope (which is the starting point for ascertaining whether there is any variation in the first place), consideration is given to the power to vary the works, followed by a review of the procedure for and the valuation of variations. The book also analyses the possibility of recovering payment for extra work done on the basis of restitution - in the form of quantum meruit and under the Contracts Act 1950. The impact of variations on time obligation is given close examination through chapters discussing the general principles, substantive and procedural issues, the prevention principle, extension of time, liquidated damages, and loss and expense incurred by the contractor.
The analytical discussion provided cites local judicial decisions and those from other Commonwealth jurisdictions such as Singapore, Australia and the United Kingdom. Selected clauses of popular standard form contracts are surveyed and insightful comments are provided on grey areas in the law.
This book is one not to be missed by architects, quantity surveyors, claims consultants, construction lawyers, developers, contractors, arbitrators, lecturers and students of construction law.
Key Features:
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About the Book
This illuminating local text on the law of equity and trusts is an invaluable resource to understand the applicable law as it applies in Malaysia. It provides clear appreciation of trusts, trusteeship and remedies. It explains the general principles of the current law and, where appropriate, makes critical analysis of the position of the law.
This new edition contains extended treatment on several topics, including fiduciary duties, benevolent construction of express trusts, remedial constructive trusts, mental element for recipient liability under constructive trusts, illegality and resulting trusts, validity of exclusion clauses for breach of trust or fiduciary duties, protection of confidential information, as well as joint venture constructive trusts.
SIGNIFICANT NEW CASES CONSIDERED
- Perbadanan Kemajuan Pertanian Selangor v JW Properties (circumstances giving rise to constructive trusts)
- Kamil Azman bin Abdul Razak v Amanah Raya (the essentials of private express trusts)
- Abdul Ravuff bin Datuk AS Dawood v Dr Abdul Rahman bin Datuk AS Dawood (constitution of express trusts)
- Wolverhampton City Council v London Gypsies and Travellers (injunction against unidentifiable persons)
- AIB Group (UK) Plc v Mark Redler & Co (equitable compensation)
- Pitt v Holt (mistaken distribution of trust assets)
- Byers v Saudi National Bank (limits to tracing rights; mental element for recipient liability under constructive trust)
- Patel v Mirza (illegality and resulting trusts)
- Ivey v Genting Casinos (UK) Ltd (mental element for accessory liability under constructive trust)
- FHR European Ventures LLP v Cedar Capital Partners LLC (bribes and constructive trust)
- Federal Republic of Brazil v Durant International Corporation (backtracing of money corruptly received)
- Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society (account of profit)
Key features
- Written in a succinct, clear and easy-to-read style
- Besides local cases, decisions from England, Australia, Canada, Singapore and New Zealand have been regularly cited and discussed
- Detailed survey of case law development
- Provides critical analysis of the position of the law and where relevant, suggests the way forward for Malaysian law including the policy considerations which may determine such direction
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This essential book analyses landmark and recent cases relevant to the study and practice of non-Muslim family law in Malaysia. It covers a wide range of topics from domicile and residence to the division of matrimonial assets. It examines the judicial decisions up to the year 2024, discusses the latest amendments made to the Law Reform (Marriage and Divorce) Act 1976 with reference to cases decided on that particular provision. Students studying Family Law will benefit from the book as the topics covered are according to the course syllabus, and legal practitioners will find this book a handy reference to check on decided cases, and the analysis on such cases on a particular subject matter. This book would also be a source of reference to the general public who intend to find out the law and the judicial decisions on a particular subject matter in Family Law.
Key features
- Comprehensively covers all aspects of family law, including marriage, divorce, legitimacy, adoption, and more through 13 detailed chapters.
- In-depth analysis of the cases, providing insights into the legal principles and practices governing family law in Malaysia.
- Provides practical guidance on the application of family law through real-world examples and decided cases.
- Expertly written by a knowledgeable family law academic with extensive experience in teaching Malaysian family law.
- Current and relevant, with up-to-date information reflecting the latest principles and practices in Malaysia.
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RM 4,251.00