Circular No. 52/15: ATTENTION!

  1. Court punctuality.

At the Committee’s recent meetings with the courts we were informed in strong terms that there are still many instances of lawyers coming late to court. There have been instances of lawyers not present even at as late as 10.30 a.m; the court being kept waiting indefinitely for lawyers to appear; lawyers not present even at the third time of calling of the matter and failure to inform the court in advance of the expected delay in arriving in court.

We fear that if this continues, the courts might be inclined to take a hard stance to deal with the issue and resort to strident actions like striking out at 9.00 or 9.30 a.m; refusal to reinstate on oral application or even refusal of formal applications to reinstate.

The Committee also faces embarrassment each time we meet the courts on more serious issues and having to answer for seemingly basic matters such as punctuality of lawyers when attending court.

We therefore urge all members to take the matter seriously and adhere to punctuality. This is not only to respect the court but also to respect the court but also to respect our fellow members who take the trouble to be early in court but ultimately being kept waiting by late coming members.

2. Compliance with case management directions.

We have also been requested by the court to remind members to strictly comply with the case management directions as per Practice Direction 2 of 2014 especially in respect of the time frames stated there. It appears that the court will be looking to strictly enforce the terms of the Practice Direction.

3. Refund of filing fees.

The judiciary have put into effect a standard procedure for applications for refund of filing fees under e-filing. Refunds would only be allowed in a situation where the error/mistake was on the part of the courts. The application must be made to Bahagian e-Kehakiman. The procedure is as stated in the Malaysian Bar Circular No. 194/2015 dated 8.9.2015. Members are advised to be familiar with the procedure to ensure a successful refund.

4. E-mail address.

There are still many law firms and members in Johore without e-mail. Please note that the Malaysian Bar circulars and JBC circulars are primarily sent by way of e-mail only. Without e-mail members would have no access to the circulars and other information from the Bar Council or JBC. Members/firms that do not have email are advised to immediately set-up e-mail account and have the email registered with the Bar Council Secretariat and the JBC secretariat.

5. E-filing difficulties.

We have come to know that recently some firms have been experiencing difficulties in carrying out e-filing from the office. The difficulties included slow loading of document and long delay in making online payment. Firms/members who faced such difficulties are advised to write to us with the details of the problem so that we could bring this to the attention of the courts and the service provider for resolution.

6. Photographs in the appeal record.

We have been requested by the courts to remind members that in cases where photographs are included in the appeal record, especially in running-down claims, the photographs must be in colour and not merely the usual photocopy. This is to ensure clarity and better appreciation of the details in the photographs.

Members are to be advised accordingly. Thank you.

 

R. Jayabalan

Chairman

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