Johore Bar Committee

Circular No. 93/2023: Court Matters

Following the Committee’s meeting with the Court last week, members are advised as follows:

  1. Hearing of joint petitions for divorce: the Court had again raised the issue that parties attending the hearing are not appropriately attired. Lawyers are reminded to advice their clients to be properly attired for court attendance in accordance with the formality and solemnity of proceedings. Informal wear such as jeans, round neck t-shirts, slippers are not allowed. The Committee was also notified that the Court will not proceed with the hearing and will stand down or adjourn the hearing if the parties are not properly attired. The notice from the Chief Registrar’s Office on dress code for the public for court attendance maybe seen here.

2. Withdrawal or discontinuance: where parties have reached a settlement after the hearing date was fixed or after submissions had been filed and have agreed to withdraw or discontinue the matter, the lawyers concerned are requested to notify the Court early of the intended withdrawal/discontinuance. This is so that the Court may use the scheduled time for other matters and so that the judicial officer concerned need not go through the submissions before the scheduled hearing.  

3. E-review: lawyers are reminded that the objective of the e-review is only to manage the case within a short time; it is not intended as the forum to decide on serious objections or for prolonged arguments. Where there are likely to be seriously contested issues that requires submissions or reference to authorities, lawyers are requested to notify the Court early in order for the Court to fix a separate date for hearing or determination of the contested issues. Lawyers are also reminded to use their personal ID when logging in for e-review, not to use others’ ID and to formally introduce themselves first before starting the e-review session.

4. Filing of documents: when filing cause papers under the EFS, members are reminded to include the contact particulars of the firm including the firm’s phone number at the last page of the cause paper or at the back page of the cause paper. 

5. Filing codes: when filing new cause papers, members are reminded to use the appropriate filing code in order to avoid rejection of the cause papers. The list of filing codes in the EFS maybe seen here. Members may also contact the EFS helpline as shown in the EFS prior to filing of the cause papers to ensure accuracy of the code used.

6. Intitulement and format of order/judgments: members are reminded to use the correct format of the intitulement and to be located at the right side of the heading of the cause paper. Draft orders and judgments are also to be prepared in accordance with the format as stated in the Chief Justice’s Practice Direction 1 of 2022 as shown here.

7. Garnishment proceedings: when filing application for garnishment order against banks/financial institutions, members are reminded to state the source of knowledge or grounds for belief of such bank accounts in the supporting affidavit in accordance with O. 49 r. 2 of the Rules of Court 2012.

8. Court etiquette and decorum:  when addressing the court or interacting with judicial officers members are reminded to do so in accordance with the rules of practice and etiquette and to be courteous at all times.  Members are also reminded to comply with the dress code for lawyers as stated in the Bar Council Circular No. 267/2019.

Members are to be advised accordingly. Thank you.

R JAYABALAN

CHAIRMAN