The North Johore Bar Affairs Sub-Committee held a dialogue session with the judicial officers of North Johore Courts on 12th October, 2022.
Prior to the dialogue session, a forum on court matters was held virtually on 11th October, 2022 for feedback from members on court issues faced in North Johore. The Sub-Committee had taken note of the feedback from members practicing in Segamat, Kluang, Batu Pahat and Muar. All feedback was brought to attention at the 12th October, 2022 dialogue.
The dialogue was chaired by Tuan Irwan Bin Suainbon, the Muar Sessions Court Judge and also attended by the officers of the North Johore Courts as follows:-
- Tuan Azman Bin Mustapha – Hakim Mahkamah Sesyen Batu Pahat
- Tuan Mujib Bin Saroji – Hakim Mahkamah Sesyen Kluang
- Puan Noor Shahidah binti Saharom – Timbalan Pendaftar, Mahkamah Tinggi Muar
- Puan Salina binti Omar – Majistrate Segamat
- Tuan Mustaqim bin Sukarno – Majistrate Kluang
- Puan Analia binti Kamaruddin – Majistrate Muar
- Puan Norhabsarina binti Ayob – Majistrate Batu Pahat
- Puan Nurasidah binti A. Rahman – Majistrate Batu Pahat
- Puan Nurfarah Syahidah binti Mohd Noh – Penolong Kanan Pendaftar Mahkamah Rendah, Muar
- Puan Nur Farain Syuhada binti Abu – Penolong Kanan Pendaftar Mahkamah Tinggi, Muar
- Puan Nor’iza binti Mohamed – Penolong Pendaftar, Mahkamah Rendah, Muar
A summary of the discussion and resolution at the dialogue is as follows:-
A. Segamat Sessions/Magistrate’s Court
- Physical attendance of counsel before the Magistrate after unsuccessful execution of writ of seizure and sale is not necessary, suffice for bailiff to report to the Court.
2. A copy of the Criminal Appeal Record is to be forwarded by Court to Defense Counsel, not only to DPP.
B. Kluang Sessions/Magistrate’s Court
- Renovation of the Sessions Court building is still on-going and expected completion is by end of 2022. In the meanwhile hearings of the Sessions Court matters will proceed as scheduled and conducted from the Magistrate’s Court room at Kluang and Batu Pahat.
C. Muar Sessions/Magistrate’s Court
- The two Magistrate’s Court will have staggered schedule for remands/mitigations in order to facilitate the presence of YBGK counsel.
2. The Court will inform IPD Muar to supply the Cause List (Remand List) to the Muar Bar Room a day before the remand dates.
D. Muar High Court
- Court will notify parties soonest possible on any changes in mode of case management ie. from e-Review to a physical case management and vice versa.
2. Officers on emergency leave will be replaced by the officer on duty especially for probate and LA matters that required attendance of clients.
3. Applications with Certificate of Urgency will be attended to promptly if the certificate is justified.
4. Time line for extraction of documents is to be aligned with the 4 working days benchmark.
5. Long call receptions may be held at Dewan Bunga Raya, Kompleks Mahkamah Muar at no charge and all are invited including court staffs. Additional packed food is not necessary.
E. Issues raised by Court
- With the appointment of the new Judicial Commissioner, proceedings at High Court 2 will start at 9a.m sharp. Members are requested to be punctual.
2. Filing of documents
a. Filing of draft JID is not necessary.
b. Hard copy of Written Submissions is to be filed at High Court Registry 7 days before hearing.
c. Allocator Fees is to be paid first when filing for sealed Orders.
d. There should be no duplicity in filing of cause papers (fresh proceedings) as this could amount to “Judge/Court Shopping”.
e. Notice of appeal to High Court in criminal cases to be filed at the lower court and not High Court.
3. Parties are requested not to forward or copy correspondences between their respective counsel to the court. There is no necessity to do so.
4. Parties are requested not to write unilaterally to Court without notifying or copying to the other party on record. When applying for adjournment, parties are also requested to first notify the other side and inform the Court whether there are objections in the letter requesting for adjournment.
5. Members are requested to comply with Court etiquette and decorum such as when appearing in open court and when addressing the relevant judicial officers and to adhere to the dress code.
Members are advised to take note of the above.
The Forum on Court matters and the dialogue session with Judicial Officers helps to resolve common concerns of the Bar and the Bench in a productive and constructive manner. Members are requested to continue to provide support for such forum.
Thank you.
HELEN FONG
CHAIRPERSON
NORTH JOHORE AFFAIRS SUB-COMMITTEE