The North Johore Bar Affairs Sub-Committee had held a dialogue session with the judicial officers of North Johore Courts on 24th September, 2023.
Prior to the dialogue session, a forum on court matters was held virtually on 20th September, 2023 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 24th September, 2023 dialogue.
The dialogue was chaired by YA Tuan Suria Kumar A/L Durairaj Johnson Paul, the Muar High Court Judicial Commissioner and also attended by the officers of the North Johore Courts as follows:-
- Tuan Irwan Bin Suainbon – Hakim Mahkamah Sesyen Muar
- Tuan Abu Bakar Bin Manat – Hakim Mahkamah Sesyen Muar
- Puan Roslinda Binti Razali – Timbalan Pendaftar Mahkamah Tinggi, Muar
- Puan Fatin Dalilah Binti Khalid – Majistret Mahkamah Muar
- 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. General administration matters
- Ex-members without valid PC are not allowed to appear in court. The Court has been made aware of the list of ex-members without PC. Members are also urged to be alert to such instances in Court.
2. Parking outside the court complex along the road shoulder is no longer allowed starting from September due to safety reasons. The Court has agreed to reserve more car park space for members within the complex compound and to also direct the security guards to assist in the parking control so as to avoid parking spaces from being taken up by public.
3. The faulty air conditioning at the Bar Room is due to faulty air cond system in the building. The Court is in the process of upgrading the air cond system for the whole building and will seek to expedite the works.
B. Issues in respect of conduct of proceedings
- E-reviews – the court was informed of instances of very late responses from the court sometimes up to several days late. This will be attended to so that responses are given on the same day and promptly. Members are also requested to log in early on the prescribed date for the e-review.
2. Remand proceedings – the remand period will be decided by the Magistrates concerned according to the facts of the case. It is the duty of the Prosecution to satisfy the court as to the period of remand order required and the duty of the Defense counsel to submit their grounds with the necessary facts and authorities so as to reduce the remand period so that the Court may arrive at the appropriate period in accordance with facts of each case.
3. Muar Sessions Court – Both Court 1 and Court 2 will hear civil cases by even/odd number arrangement commencing in October.
4. Muar High Court
(1) On the matter of cases being heard at Level 1 using manual attendance listing – the Court will transfer the Queue Kiosk/TV screen from Ground Floor to Level 1 to assist the attendance.
(2) On the instances of “Agents” appearing in Chambers for LA/Probate matters – it has been agreed that only counsels and litigants are allowed to be heard and “agents” who claim to be spokesman or interpreter for litigants are strictly prohibited from entering the Chambers of any judicial officers.
(3) Mode of application for Annulment of Bankruptcy Order, ie Saman Dalam Kamar or Notis Permohonan – As the efiling system does not provide for both modes for Pasca Kebankrapan matters, after hearing our stand that SDK should be the proper mode, the Court has also agreed that SDK is to be the proper mode, the notice in Form 53 by JD is a statutory requirement, Form 53 itself is not SDK or NP. Following this, it has been agreed that no application should be struck out solely on this ground until the necessary adjustments is made to the e-filing system.
(4) Grants involving interest of infant beneficiary – it has been agreed that in accordance with sec 4(2) of the Probate and Administration Act 1959, if there are special reasons, the need for co-administrator may be dispensed with and there will be no insistence/direction for a co-administrator.
(5) Filing code for Prohibitory Orders when judgment is from subordinate courts, ie Code 24NCVC or Code 36. It has been agreed that Prohibitory Orders applications based on judgments from subordinate courts is to be by way of Originating Summons under Code 24NCVC.
(6) Requirement of affidavits by 2 attesting witnesses in non-contentious Probate applications – it has been agreed that whilst there is no mandatory requirement for affidavit from 2 witnesses it is however good practice to submit affidavits from two witnesses and where it is not possible to do so, the explanation is to be given and the Court to consider accepting affidavit from one witness as sufficient.
(7) Requirement of Sijil Faraid in applications of LA by Muslim applicants – it has been clarified that there will be no such requirement imposed by the Court.
(8) Long call – the Court has agreed for maximum of 5 pupils to be called in each session for long calls.
5. Issues raised by Court
(1) Instances of pupil already called to the Bar appearing in proceedings before the PC is issued – members are reminded that only members with valid PC may appear before the Court.
(2) Members attending late for the e-review, not responding to e-review and not addressing the issues for the e-review – members are reminded to avoid this and to attend to e-reviews promptly.
(3) Counsels absent in court without notice/reason and failing to respond to calls from the Court – members are reminded to inform the Court early if they are to be delayed or unable to attend Court.
(4) Filing of joint petitions for divorce at the Muar court ignoring the forum conveniens (e.g petitions involving petitioners from other states) – the Court have noticed this trend recently and will be scrutinizing the petitions more closely to determine the proper forum. Members are advised to take heed of the forum conveniens requirement so as to avoid the petitions from being struck out.
(5) Insufficient YBGK lawyers at the lower courts especially for sexual offenses involving child victim – the Bar will be looking into ways to increase the pool of YBGK lawyers.
(6) Default judgment – the Court have reminded again that draft judgment need not be filed for JIDs.
(7) Application for order for distribution of movable properties – there has been such applications filed, the Court is of the view that such orders are not required nor necessary and hence to be avoided by members.
(8) Bad formatting of orders/judgment – members are reminded to follow the prescribed format in drawing up the order/judgments.
(9) Name of TP/PKP at the signing column of court order – the Court have stated that it is not necessary to state the name of the TP/PKP.
(10) Forum shopping, filing of similar applications in different Courts – the Court have noticed such instances. This amounts to forum/judge shopping and is to be avoided.
(11) Lawyers smoking in Court compound – members are reminded that smoking is not allowed within the court compound and to comply with the restrictions.
Members are advised to take note of the above. The Committee also welcomes feedback from members on the above matters.
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