We refer to our Circulars No. 78/2022 and No. 12/2023 in respect of the abovementioned application for judicial review on the implementation of the “Tatacara Baru” by the PTG.
As informed earlier the leave order for the Malaysian Bar to commence the judicial review was granted by the High Court on 13.12.2022. Simultaneously an order for immediate stay of the implementation of the Tatacara Baru (including the “Surat Akuan” and the “Akuan Pemohon” therein) pending the filing and final disposal of the judicial review application was also issued. The Order may be seen here.
Following that affidavits of the parties in respect of the substantive application for judicial review were filed and the application was heard on 27.6.2023 and thereafter the matter was fixed for decision on 1.8.2023.
The decision was delivered on 1.8.2023. Kindly be informed that the High Court had dismissed the Malaysian Bar’s substantive application for judicial review. Notwithstanding the decision and pursuant to the Malaysian Bar’s application on the grounds that there could be a potential appeal (subject to further instructions) against the decision to the Court of Appeal, the Court has ordered that the stay order issued on 13.12.2022 (referred above) is to be extended pending the disposal of the appeal on condition that the notice of appeal, if any, must be filed within 30 days.
Hence, in view of the extended stay order, the status quo remains for now whereby the implementation of the Tatacara Baru (including the “Surat Akuan” and the “Akuan Pemohon” therein) continues to be suspended for now. Members are to take note of this accordingly.
The Committee will inform members of further development in respect of the matter in due course.
R JAYABALAN
CHAIRMAN