The recent cases of Parti Liyani v. PP and PP v. Yeo Sow Nam have thrown the spotlight on what it means to be acquitted.

This article examines how "acquittal" can mean that charges were either "disproved" or merely "not proved", per the definitions in the Evidence Act.

It argues that judges may, in suitable cases, make a finding of "disproved" so as to properly vindicate the reputation of the accused. An acquittal without elaboration leaves open the possibility that the accused committed the offence but it simply could not be proven, which may unfairly continue to damage his reputation.

What is meant by 'employee' and 'contractor' has changed over the years as the nature of work has evolved. John Wilson and Kieran Pender discuss the complexities of this distinction in light of two recent High Court cases.

For almost two centuries, the binary distinction between employees and independent contractors has been a central feature of employment law in Australia (and its predecessor colonial states). This longevity masks evolution and complexity — in that time, what is meant by employee and contractor has changed as the nature of work in the modern world evolved. Distinguishing between the two forms of contractual engagement was never straightforward, as consistent litigation over decades made clear.

In February, the High Court of Australia provided clarity in two cases decided in parallel. In Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd^[2] and ZG Operations Australia Pty Ltd v. Jamsek,^[3] the High Court revised the approach for determining whether a worker is an employee or independent contractor. These cases are the Court's most significant employment law judgments in some time; their implications will reverberate in sectors across the country for years to come.

Introduction

During the recent Budget 2021 speech at parliament on 6 November 2021, Datuk Seri Tengku Zafrul Tengku Abdul Aziz (Minister of Finance ('MOF'')) announced that given the ever-evolving business environment, the Government shall aim to focus on business continuity to accelerate investments, strengthen strategic sectors and improve access to financing.^[1] He further announced that to encourage standardised credit lending activities and consumer protection, the Consumer Credit Act ('CCA') will be formulated^[2] with the assistance of Bank Negara Malaysia ('BNM') and the Securities Commission ('SC')^[3] to be a regulatory framework for activities related to the issuance of consumer credit such as the "Buy Now Pay Later" Scheme^[4] which is currently unregulated. The CCA is also intended to strengthen the supervision of non-bank and non-supervised credit providers. This was lauded as one of the most important announcements from Budget 2021.

INTRODUCTION

In Malaysia, a writ of habeas corpus ('writ') is a fundamental right bestowed upon citizens and non-citizens against overzealous detaining authorities. The executive arm of government had on several occasions executed detention orders for frivolous and vexatious reasons. The writ represents an administrative check and balance between an individual and the State. However, the said writ has certain limitations. It is only confined to procedural non-compliance. If a particular law allows for detention without trial, then the writ will not be a useful remedy.

The writ, described by Blackstone as the "great and efficacious writ, in all manner of illegal confinement" (see William Blackstone's Commentaries on the Law of England, Vol 3, 1st edn, 1765 at p 131), functions as a judicial remedy aims at preventing the arbitrary use of executive powers to imprison individuals unlawfully. The use of the writ has its roots in English common law dating back to the 14^th century. It was first expressed in the Magna Carta of 1215, which stated that: "No free man shall be seized, or imprisoned, or disseized, or outlawed, or exiled, or injured in any way, nor we will enter on him or send against him except by the lawful judgment of his peers, or by the law of the land. (Chua Kian Voon v. Menteri Dalam Negeri & Ors [2020] 1 CLJ 747 FC).

MALAYSIA
Employment
Government opens up more sectors for foreign workers from India
Malaysia has agreed to open up more sectors for foreign workers from India, says Human Resources Minister Datuk Seri M. Saravanan. “Recently, the Home Affairs Ministry and Human Resources Ministry joint committee have approved other sectors,” he said briefly while answering questions from lawmakers during the tabling of the Employees' Social Security (Amendment) 2022 Bill in the Dewan Rakyat on Thursday (July 21).

AUSTRALIA
Employment
Landmark agreement between Uber Australia and union
In Australia, a landmark agreement between Uber and the Transport Workers' union could see gig economy workers given fairer wages, the right to collective bargaining, and guaranteed protections. The two parties signed a "statement of principles" last month agreeing to support the creation of a new independent commission which would apply minimum standards and practices across the industry. Two New Zealand Unions have taken a case against Uber in the High Court - seeking to overturn the presumption that Uber drivers are independent contractors. The judge's decision is reserved, but it could have far reaching implications. Kathryn discusses the Australian agreement with Alex Veen, Scholarly Teaching Fellow in Work and Organisational Studies, at the University of Sydney.