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Thursday, 31 May 2018

KLBC Activities Report for April 2018



6 April 2018
Seminar on Profits from Disposal of Real Property: Chargeable Gains or Business Income?
Organised by the Professional Development Committee, this seminar was presented by Lim Kien Chai at the KL Bar Auditorium from 3:00 pm to 6:00 pm. The seminar was attended by 51 participants. The primary objective of this seminar was to assist lawyers to guide their clients in determining whether a disposal of property is governed under the RPGT Act 1976 or ITA 1967.


6 April 2018
Discussion with Deputy Registrar (Administration)
A discussion was held at the Melati Room, Kuala Lumpur Court Complex at 8:15 am between the Chairperson of the Civil Practice and Court Liaison Committee and two other KLBC members with the Deputy Registrar (Administration), Tuan Ahmad Fairuz bin Mohd Puzi on the below two issues:
            i.       Signages / Allocation of Parking Bays for pregnant women;
            ii.      Complaints about the Sales Event held at the Lobby of the Kuala Lumpur Court on 28 March 2018.

6 April 2018
Meeting with the Judges and Registrars of the Appellate & Special Powers Division of the Kuala Lumpur High Court
The KLBC together with the Pupils Committee met Y.A. Datuk Wira Kamaludin bin Md. Said and the Deputy and Senior Assistant Registrars of the Kuala Lumpur High Court (Appellate & Special Powers Division) to discuss various issues of concern pertaining to Admissions to the Bar, amongst which were the requirement for Masters to be present at their pupils’ hearing of Admissions to the Bar and robing of pupils by persons who are not members of the Bar.

13 April 2018
PDC Seminar on Infrastructure, Energy and Projects, Practical Contract Administration Checklists and Management of Issues/Disputes (in collaboration with SIAC)
Organised by the Professional Development Committee, this seminar was presented by Kamilah Kasim and Chong Boon Leong at the KL Bar Auditorium from 3:00 pm to 6:00 pm. The seminar was attended by 45 participants and covered, amongst others, the typical phases in infrastructure projects such as oil and gas, energy (power plants) and process of the following: (i) Feasibility Study; (ii) Front End Engineering Design; (iii) Preparation of Invitation to Tender and Tender exercise; (iv) Design; (v) Procurement, Construction, Testing and Commissioning; (vi) Defects liability Period; and (vii) Operation and Maintenance period.



13 April 2018
KLBC-SBC Annual Get-together
Hosted by the KLBC this term, the Annual Get-Together between the KLBC and Selangor Bar Committee (SBC) was held at the President’s Room, Royal Lake Club, Kuala Lumpur. This Annual Meet was for the office bearers of the KLBC and SBC for the 2018/19 term to get to know each other and to discuss how to work closely to cater to the mutual needs of members of both Bars.






17 April 2018
Pupils Introduction Session
A monthly tradition, the April’s Pupils Introduction Session was held on 17 April 2018. The session, attended by 82 pupils, was led by Alvin Oh. The purpose of the session is to introduce pupils to the structure of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and the Kuala Lumpur Bar Committee (“KLBC”) and the highlights of the Malaysian Bar. It included a session for pupils to raise issues and problems faced by them during their pupillage period. The other executive committee members of the KLBC were also present to provide input and possible solutions.

Also included in the Pupils Introduction Session was a session on “Diversity & Inclusion” which experimental module was launched in the December 2017 Pupils Introduction Session. The session was conducted by Goh Siu Lin.


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20 April 2018
Seminar on An Introduction to Industrial Court Procedures
Organised by the Professional Development Committee, this seminar was presented by Atan Mustaffa Yussof Ahmad at the KL Bar Auditorium from 3:00 pm to 6:00 pm. The seminar was attended by 80 participants and covered, amongst others, "Industrial Relations Act 1967"; "Industrial Court Rules 1967"; "Industrial Relations Regulations 1967"; "The Industrial Court"; "Industrial Court Proceedings"; "Preparing and Presenting"; "Costs and Awards"; "The nature of awards"; "The limits imposed by sec. 30(6) IRA"; "Effect of an award"; "Avenues to challenge an award of the Industrial Court"; "Judicial review"; "Application under sec. 33A"; "Stay of award"; and "Non-compliance of an award & Penalty".



24 April 2018
Seminar on An Introduction to Construction Law
Organised by the Professional Development Committee, this seminar was presented by Choon Hon Leng at the KL Bar Auditorium from 10:00 am to 1:00 pm. The seminar was attended by 20 participants and covered, amongst others, "The Players"; "The Structure"; "The Jargons and the Law"; "Preparing a Construction Contract"; "Resolving Construction Disputes"; and "The Construction Industry Payment and Adjudication Act 2012".



27 April 2018
Seminar on Bankruptcy Law and Practice
Organised by the Professional Development Committee, this seminar was presented by Lua Ai Siew at the KL Bar Auditorium from 3:00 pm to 5:30 pm. The seminar was attended by 103 participants and covered, amongst others, "Changes to the Bankruptcy Act 1967 (renamed Insolvency Act 1967) and introduction of new Insolvency Rules 2017 (replaced Bankruptcy Rules 1967) with effect from 6.10.2017"; "Commencing bankruptcy proceedings – s 6 (3) of Limitation Act 1953 v. ROC 46 rule 2(1)(a)" ; "Presenting a creditor’s petition (CP) – minimum statutory limit increased to RM50,000.00. Absolute protection of social guarantor from bankruptcy – s 5 (3). Position of secured creditor. Presenting a petition on behalf of a corporation, show cause by the debtor under r 117.  Power of the Court to enter bankruptcy order (BO; formerly AORO), stay or dismiss CP. Test applicable in an application to stay bankruptcy proceedings"; “New pre-bankruptcy voluntary arrangement - ss 2A to 2Q"; "Effect of BO – s 8 IA and s 349 NLC. Rights of a secured creditor after BO. Effect of bankruptcy on antecedent transactions – ss 50 – 54. Second bankruptcy – s 49"; "Payments – effect of payments after (i) filing of BN; (ii) filing of CP and (iii) BO"; "Proof of debts – s 42 and Schedule C"; "Annulment of BO – s 105"; "Discharge of bankrupt – by the Court (s 33), by the DGI (s 33A) and automatic discharge after 3 years (new s 33C). No objection shall be made against the discharge of bankruptcy under s 33A of certain category of persons (s 33B(2A)"; and "Miscellaneous – application of Rules of Courts 2012 and effect of adjudication by the Court in the Republic of Singapore".



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