Arkib

FAMILY LAW – ANNULMENT OF MARRIAGE

The annulment of marriage in Malaysia is regulated under the Law Reform (Marriage & Divorce) Act 1976. A distinction is made between a void marriage, which is deemed invalid from the time of solemnisation, and a voidable marriage, which remains valid from solemnisation until annulled by the court.

TENANCY – HOW TO CLAIM DOUBLE RENT FROM A TENANT HOLDING OVER

The issue of claiming double rent often arises when a tenant remains in the property after the expiration of the tenancy. How can a landlord claim for double rent?

INSOLVENCY ACT 1967 – A FRESH FINANCIAL START: THE EVOLUTION OF BANKRUPTCY PROVISIONS IN MALAYSIA’S INSOLVENCY ACT

The main intent of the recent amendment to Insolvency Act which came into force on 6.10.2023 is to provide individuals with a chance for a new beginning. Everyone can encounter financial difficulties and these updated provisions aim to ensure that a person facing bankruptcy is not perpetually weighed down by prior financial missteps or unexpected hurdles.

COMPANIES ACT 2016 – DIRECTOR’S RIGHT TO INSPECT RECORDS AND DOCUMENTS OF A COMPANY

A, a director and shareholder of the company, was denied access to inspect the company’s records. Although not involved in daily operations, A wants to determine the value of his shares for a separate lawsuit.

Can he file an application for inspection and appoint lawyers and auditors to do it on his behalf?

BREACH OF CONTRACT, EQUITY AND FIDUCIARY DUTY – DISCLOSURE OF CONFIDENTIAL INFORMATION

Often business owners find themselves vulnerable when dealing with employees who had turned rogue and took confidential information from the company. What are the legal protection against these employees?

FAMILY LAW – BEHAVIOUR CANNOT BE EXPECTED TO LIVE TOGETHER

Divorce can be petitioned on the ground marriage has irretrievably broken down. In deciding whether there is breakdown, the court will consider issues such as adultery, behaviour of the parties, desertion and living apart for more than 2 years.

CONTRACT LAW – IMPLIED TERMS

I have a sale contract which does not set out terms which should have been there in the first place. For example, it is a contract to purchase electrical items. There is no term that says the electrical items should be in working condition.

What can I do?

COMPANY LAW – FRAUD BY DIRECTORS

Can I sue the directors personally for fraud?

PROPERTY LAW – CO-PROPRIETORSHIP – TERMINATION

This legal updates will set out whether there is a need for co-proprietor to first show there is a request for land to be partitioned before applying to court for termination of co-proprietorship for land to be sold.

FAMILY LAW – ADULTERY AND MAINTENANCE

Adultery is a legal ground for divorce. However, complication arises in proving adultery. This legal update covers proof and effect when adultery is proven as well as maintenance of wife and children.