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    CASE(S) OF THE WEEK

  • MAJLIS PEGUAM MALAYSIA & ANOR v. JUDY BLACIOUS AF PEREIRA [2017] 4 CLJ 295
    COURT OF APPEAL, PUTRAJAYA
    DAVID WONG DAK WAH JCA, ABDUL RAHMAN SEBLI JCA, PRASAD SANDOSHAM ABRAHAM JCA
    [CIVIL APPEAL NO: W-02(IM)-256-02-2015]
    7 SEPTEMBER 2016

    CIVIL PROCEDURE: Jurisdiction - High Court - Petition for admission as advocate and solicitor - Petition objected by Bar Council on allegation that petitioner not fit and proper person to be called to Bar - High Court dismissed notice of objection and caveat - Petitioner ordered to attend eight hours of any course, forums or programs conducted by Human Rights Committee of Malaysian Bar for three months - Petitioner to be called to Bar upon completion of programs - Appeal against conditional order - Whether High Court had jurisdiction to impose conditional order after dismissing Bar Council's objections - Legal Profession Act 1976, s. 10

    LEGAL PROFESSION: Admission - Petition for admission - Objection by Bar Council - Allegation that petitioner not fit and proper person to be called to Bar - High Court dismissed notice of objection and caveat - Petitioner ordered to attend eight hours of any course, forums or programs conducted by Human Rights Committee of Malaysian Bar for three months - Petitioner to be called to Bar upon completion of programs - Appeal against conditional order - Whether High Court had jurisdiction to impose conditional order after dismissing Bar Council's objections - Legal Profession Act 1976, s. 10

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  • ARTICLE HIGHLIGHT

    To post or not to post notice of dismissal?

    UK
    Employment
    Notice of termination not necessarily effective until actually received and read by employee
    When is a notice of termination of employment effective if it is posted to an employee? We consider the recent decision of the Court of Appeal in Newcastle upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153, where the Court had to consider the date on which a notice of termination of employment, which was posted to an employee, took effect. Ms Haywood was employed by Newcastle upon Tyne NHS Foundation Trust (the Trust) as an associate director of business development. She was notified on 1 April 2011 that she was at risk of redundancy. During a consultation meeting, Ms Haywood informed the Trust that she was going to be on annual leave between 19 April and 3 May 2011 and also indicated that she would be on holiday in Egypt for part of this period.

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  • Side letters and penalty clauses

    UK
    Real estate
    Clause that enabled landlord to terminate side letter was in fact a penalty, therefore unenforceable
    The High Court has found that a clause which enabled a landlord to terminate a side letter if the tenant committed any breach was in fact a penalty. Consequently it was held to be unenforceable, and the landlord was unable to increase the rent. The case provides a useful reminder of the principles that will govern when a provision is in fact a penalty, and parties should be aware that such clauses may not prove enforceable in practice.

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  • Voluntary job swaps in redundancy: Implications for employers from an important decision of the Fair Work Commission

    AUSTRALIA
    Employment
    Consider all redeployment possibilities before terminating for redundancy
    In an important recent decision, a Full Bench of the Fair Work Commission found that, before dismissing employees whose positions had become redundant, the employer should have considered the potential for voluntary job swaps between those employees and other employees in similar roles. By failing to do so, the employer did not comply with its obligations necessary for establishing genuine redundancies under section 389 of the Fair Work Act 2009 (Cth) (Act).

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  • Supreme Court construes aggregation provision in minimum terms and conditions of professional indemnity insurance

    UK
    Insurance
    Supreme Court construes aggregation provision in minimum terms and conditions of professional indemnity insurance
    The Supreme Court has today handed down its judgment in AIG Europe Limited v Woodman and others [2017] UKSC 18. The Supreme Court allowed the appeal, and remitted the case back to the High Court. It held that determining the meaning of "a series of related matters or transactions” in the aggregation clause contained in the Minimum Terms and Conditions for solicitors' professional indemnity insurance necessitated a fact sensitive inquiry to be carried out.

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  • When is a light switch not a light switch? Federal Court makes light work of the CLIPSO trade mark

    AUSTRALIA
    Intellectual property
    Limitations of relying on trademark registration as a defence to infringement claims
    Intellectual property fans can have a habit of casting judgment on the cornucopia of trade marks that pass us by in our day-today endeavours. “City Plumbing Services,” we chuckle inwardly as the ute drives by, “that’s hardly distinctive”. However, from time to time, the Federal Court reminds us just how wide the protection of a registered trade mark can extend.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (26 April 2017)
  • ACT 469
    Optical Act 1991
    PU(A) 485/2010
    Strategic Trade (Strategic Items) Order 2010
    PU(A) 336/2016
    Passports (Visa to Tourist From the People’s Republic of China) (Exemption) (No. 2) Order 2016
    PU(A) 313/2002
    Tabung Haji (Deposits and Withdrawals) Regulations 2002
    PU(A) 5/2017
    Customs Duties Order 2017
  • Latest Revoked (26 April 2017)
  • PU(A) 119/2017
    Price Control and Anti-Profiteering (Determination of Maximum Retail Price For Petrol and Diesel) (No. 3) Order 2017
    PU(A) 89/2017
    Price Control and Anti-Profiteering (Determination of Maximum Retail Price For Petrol and Diesel) Order 2017
    PU(A) 108/2017
    Price Control and Anti-Profiteering (Determination of Maximum Retail Price For Petrol and Diesel) (No. 2) Order 2017



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