Forgot/Reset Password

 

    CASE(S) OF THE WEEK

  • DIRECTOR OF FORESTS, SARAWAK & ANOR v. RACHA URUD & ORS AND OTHER APPEALS [2017] 5 CLJ 389
    FEDERAL COURT, PUTRAJAYA
    ARIFIN ZAKARIA CJ, HASAN LAH FCJ, ABU SAMAH NORDIN FCJ, AZAHAR MOHAMED FCJ, BALIA YUSOF WAHI FCJ
    [CIVIL APPEALS No: 01-29-04-2015(Q), 01-28-04-2015(Q), 01-38-04-2015(Q),01-39-06-2015(Q) & 01-43-06-2015(Q)]
    15 MARCH 2017

    LAND LAW: Customary land – Native customary rights – Basis for rights and claims – Whether based on continuous occupation of land – Whether concept of continuous occupation an integral feature of native customary rights in Sarawak

    LAND LAW: Customary land – Native customary rights – Abandonment of rights – Plaintiffs left ancestral lands and migrated to new settlement – No evidence of plaintiffs returning to lands after resettlement – Whether there was 'non-user' and abandonment of land

    LAND LAW: Customary land – Native customary rights, claim for – Limitation – Logging activities on purported customary lands – Action filed 40 years after plaintiffs left ancestral lands and resettled elsewhere and 20 years after logging activities on land – Whether rights to land abandoned – Whether action time-barred – Public Authorities Protection Act 1948, s. 2 – Limitation Ordinance (Cap 49) Sarawak, item 96

    Read more




  • GHAZALI MAT & YANG LAIN lwn. PENGARAH TANAH DAN GALIAN NEGERI TERENGGANU & SATU LAGI [2017] 5 CLJ 265
    MAHKAMAH RAYUAN, PUTRAJAYA
    MOHD ZAWAWI SALLEH HMR; VERNON ONG LAM KIAT HMR; ABDUL RAHMAN SEBLI HMR
    [RAYUAN SIVIL NO: T-01(NCVC)(W)-287-08-2015]
    12 JANUARI 2017

    UNDANG-UNDANG TANAH: Hak milik – Pemberi milikan Tanah Kerajaan Negeri – Plaintif-plaintif dipilih menyertai rancangan penempatan berkelompok yang dimajukan dan ditadbir Felcra – Plaintif-plaintif diberi tanah untuk penanaman kelapa sawit – Plaintif-plaintif diberi tanah di rancangan lain sebagai ganti tanah rancangan asal bagi membolehkan penanaman semula – Sama ada plaintif-plaintif mempunyai hak atas tanah Kerajaan yang diwartakan sebagai Rancangan Pembangunan Persekutuan – Sama ada Majlis Mesyuarat Kerajaan Negeri mempunyai kuasa tersirat membatalkan pemberian hak milik – Sama ada plaintif-plaintif berhak diberi peluang untuk representasi dan didengar sebelum keputusan dibuat – Akta Tanah (Kawasan Penempatan Berkelompok) 1960, ss. 10(1)(b), 12 

    Read more




  • ARTICLE HIGHLIGHT

    Implications of the Chevron Case for Multinational Clients

    AUSTRALIA
    Tax
    Chevron decision will have broader implications for large multinational taxpayers
    In recent years, the Australian Taxation Office (ATO) has focused much energy in the transfer pricing arena, firstly due to the issue becoming part of the OECD's ongoing investigation into international tax practices and secondly due to the political and social issues arising from the perception that "big business" fails to pay its "fair share" of tax in Australia.

    Read more




  • Supreme Court upholds wheelchair user's claim against bus company

    UK
    Employment
    Bus company discriminated against wheelchair user
    The Supreme Court has ruled that a bus company discriminated against a wheelchair user who was unable to travel on a bus because the designated wheelchair space was already occupied by a passenger with a child in a buggy who was not willing to move. In reaching its decision in the case of Paulley v First Group, the Court overturned the Court of Appeal's 2015 decision that there had been no discrimination. Nevertheless, the claim did not meet with unqualified success.

    Read more




  • Teachers win Supreme Court case in landmark ruling over 'unfair' pay deductions

    UK
    Education
    Supreme Court rules in favour of teachers at King Edward VI College
    A group of teachers have won a “landmark victory” against their employer, after having too much pay deducted from their annual salaries. The Supreme Court decision follows a lengthy legal battle involving three teachers at King Edward VI College in Stourbridge, who took part in a union-led strike in 2011 over changes to public sector pensions.

    Read more




  • Franchisee fraud: 7-Eleven validly terminates franchise agreement

    AUSTRALIA
    Franchising
    7 Eleven not required to prove fraudulent conduct in order to validly terminate franchise agreement
    The Supreme Court of New South Wales has recently held that 7-Eleven was lawfully entitled to terminate a franchisee for fraud in circumstances where the franchisee had been exploiting its workers through an illegal cash-back arrangement. This is a momentous case, as it is the first significant Court decision to confirm that certain types of worker exploitation can constitute fraudulent conduct under the Franchising Code of Conduct which (for most systems) will permit them to immediately terminate the agreements of fraudulent franchisees.

    Read more




  • Supreme Court: higher ranked creditors' right to interest out-ranks subordinated creditors' claims

    UK
    Insolvency
    Statutory interest and non-provable liabilities have priority over subordinated debt
    The Supreme Court has ruled on a number of legal issues stemming from the 2008 collapse of the Lehman Brothers group. The administrators of Lehman's European arm, Lehman Brothers International (Europe) (LBIE), made sufficient recoveries to be able to repay all its unsecured creditors in full. However, various groups of creditors claim to be entitled to payments from the surplus.

    Read more




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (29 May 2017)
  • PU(A) 371/2013
    Customs Duties (Exemption) Order 2013
    ACT 366
    Poisons Act 1952 (Revised 1989)
  • Latest Revoked (29 May 2017)
  • PU(A) 140/2017
    Price Control and Anti-Profiteering (Determination of Maximum Retail Price For Petrol and Diesel) (No. 8) Order 2017



Events
Events Calendar
SYMPOSIUM ON DISPUTE RESOLUTION IN ISLAMIC FINANCE
Dispute Resolution in Islamic Finance: Litigation or Arbitration?

19 July 2017 | Kuala Lumpur Regional Centre for Arbitration (KLRCA)
Events Gallery

Secured By Global Sign