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Wednesday, 26 September 2018

KLBC Activities Report for August 2018

1 August 2018
Criminal Litigation Workshop for Pupils 
Organised by the Pupils Committee specifically for pupils, the above workshop was conducted by Lim Chi Chau and Jacky Loi Yap Loong at the KL Bar Auditorium from 3:00 pm to 5:30 pm. The workshop was attended by 28 pupils and focused primarily on the practical aspects of handling a brief covering the following areas, "Obtaining Client's Statement”; “Bail Application”; “Mitigation”; and “Trial Process". 

 


2 August 2018
Seminar on Best Practices in Strata Property Management
Organised by the Corporate and Conveyancing Practice Committee, the seminar was presented by Lai Chee Hoe at the KL Bar Auditorium from 3:00 pm to 6:00 pm. The seminar was attended by 72 participants and covered, amongst others, “Right to vote”; “Right to be elected”; “Absent proprietor”; “Voting in General Meetings”; “Different type of resolutions”; “Different rate of charges”; “Sub-management”; “Developers’ duty”; and “Duties of JMB/MC”. 


3 August 2018
Dining: Taste of the Bar VII 
Organised by the Pupils Committee, this event was held at the Orchid Restaurant, Royal Lake Club from 7:00 pm to 9:00 pm. The event was designed to give pupils an opportunity to spend an evening interacting with senior members of the Bar whilst seeking guidance and insight about the legal profession. 30 pupils attended the event which was graced by a former Judge, Dato’ Varghese George and nine senior members of the Bar, namely:

Hendon Mohamed  
Muhendaran Suppiah  
Atan Mustaffa Yussof Ahmad  
Lim Koon Huan  
Fahri Azzat  
Sharmila Ravindran   
Foong Cheng Leong  
Ravinder Singh Dhalliwal  
Idza Hajar Ahmad Idzam  

Y.A. Dato’ Varghese George (Retired Court of Appeal Judge) shared his personal legal journey to encourage the pupils to continue to improve in all aspects of their personal life as well as practice.



4 August 2018
Interstate Bar Games 2018
Hosted by the Negeri Sembilan Bar Committee, the Interstate Bar Games 2018 was held in Seremban. The sports played were Golf, Football Premier, Football Veteran, Volleyball, Ladies Futsal, Netball, Badminton, Darts and Basketball.

Kuala Lumpur Bar emerged the overall champion and the results were as follows:

        
No
Sport
Result
 1
Golf
1st Place
 2
Football Premier
2nd Place
 3
Volleyball
2nd Place
 4
Ladies Futsal
1st Place
 5
Netball
1st Place
 6
Badminton
1st Place
 7
Basketball
1st Place



7 August 2018
Seminar on The New Companies Act 2016 and the Companies Winding Up Petitions: An Introduction
Organised by the Professional Development Committee, this seminar was presented by Alex Chang at the KL Bar Auditorium from 1:30 pm to 4:30 pm. The seminar was attended by 56 participants and covered, amongst others, "New threshold of issuing a Notice Pursuant to s 218  (now 465 and 466) of the new Act"; "Definition of Unable to pay the debts"; "Affidavit Verifying Petition"; "New Commencement of the  Winding Up"; "Twice or four times Advertisement of the Petition in the Newspapers?"; "Affidavit In Opposition to Petition"; "Appointment of an INTERIM Liquidator, Official Receiver or the (Private) liquidator"; "Costs"; "Interpretation by the Federal Court of the word ‘and'  in s 223  of the old  Companies Act 1965, as   ‘disjunctively’ instead of the usual  ‘conjunctively’, and now in light of the new section  467 the Companies Act 2016"; "The ‘Pay Something for Nothing’ proposition"; "How a RM74 million Court Judgment in Damages was reduced to nothing?"; and "The journey of both matters from the High Court all the way to the Federal Court".



8 August 2018
Seminar on e-Discovery and Data Forensics
Organised by the Professional Development Committee, this seminar was presented by Alex Tan and Ervin Roberson at the KL Bar Auditorium from 3:00 pm to 6:00 pm. Amongst the issues discussed were, "E-discovery within the litigation framework with case studies"; "Highlighting the importance of data preservation and maintaining chain of custody when handling digital evidence"; "Using a logic based approach in determining which potential electronic data sources are relevant to your matter"; "Explanation of metadata, deletion recovery, and exfiltration analysis in order to identify additional digital evidence"; "Exposure to internet artefacts and social media/cloud discovery"; "Leveraging technology to optimise document review and trial preparations - creating value-add for your clients"; and "Incorporating discovery readiness into your law firm and your clients". The seminar was attended by 32 participants. 



9 August 2018 
Seminar on Pre-Trial Preparation for Criminal Brief
Organised by the Criminal Law Practice Committee, the seminar was presented by Collin Arvind Andrew at the KL Bar Auditiorium from 3:00 pm to 6:00 pm. The seminar was attended by 37 participants and covered, amongst others, “Overview of the Criminal Trial Process”; “Charge”; “Bail”; “Section 51A Documents”; “Representation Letter and Plea Bargaining”; “Interviewing Client”; and “Case Analysis”. 



10 August 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 52 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 and Penalty".


13 August 2018
Blood Donation Campaign
The Annual Blood Donation Campaign, organised with the assistance of the National Blood Bank, was held at Level 2 of the Kuala Lumpur Court Complex at Jalan Tuanku Abdul Halim. Members of the Bar, Court staff and members of the public nobly came forward to participate in this Blood Donation Campaign. A total of 56 donors registered. Unfortunately, only 44 were eligible to donate. The 12 were rejected because they were either underweight, having high blood pressure or low blood pressure or had lived in the United Kingdom from 1980 till 1996 or in Europe between 1980 until the present.  A total of 44 units of blood were collected from the caring donors.



15 August 2018
Pupils Introduction Session
A monthly tradition, the August’s Pupils Introduction Session was held on 15 August 2018. The session, attended by 92 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 Honey Tan and Goh Siu Lin with a special appearance by Transgender activist, Nisha Ayub.



16 August 2018
Lunchtime Talk on Hearing the Child’s Voice in Court Proceedings 
Co-organised by the Professional Development Committee and the Bar Council Family Law Committee, this talk was presented by Malathi Das, a specialist family practitioner in Singapore, at the KL Bar Auditorium from 1:00 pm to 3:00 pm. The talk was attended by 31 participants. 


25 to 26 August 2018
Arbitration Camp
Co-organised by the Young Lawyers Committee and the Young Members Group of the Chartered Institute of Arbitrators, Malaysia (CIArb), this camp, attended by 28 participants, was held at the Klana Beach Resort, Port Dickson. The speakers were Thayananthan Baskaran, Darshendev Singh. Janice Tay, Shaun Tan and Lim Tse Wei and they covered, amongst others, "Comparing litigation and its alternatives"; "Core principles of International Commercial Arbitration"; "Introduction to the Malaysia Arbitration Act 2005 and the 2018 Amendments"; "The regime of the UNCITRAL Model Law and "Arbitration Rules"; "The role of arbitration rules: A comparison of alternative regimes"; "Arbitration Procedures: documents only and oral hearings"; "Understanding Arbitration Agreements: the importance of the seat, the New York Convention, procedural laws and procedural rules"; "Commencing an arbitration"; "Arbitration Act 2005 & AIAC Arbitration Rules 2017"; "The scope of arbitral jurisdiction"; "Interim measures by arbitrators and court"; "The arbitration process: a comparison with the court process in Malaysia and elsewhere"; "Evidentiary practices: disclosure, experts and the IBA Guidelines"; and "Reliefs in Arbitration"; "Enforcing and challenging arbitral awards". The camp also included a “Up Close and Personal” session with the Chairperson of CIArb.



28 August 2018
Seminar on Expert Evidence
Organised by the Professional Development Committee, this seminar was presented by Dr. Teng Kam Wah at the KL Bar Auditorium from 3:00 pm to 6:00 pm. Amongst the issues discussed were, "What is expert evidence?"; "Admissibility of expert evidence in civil proceedings"; "Experts' qualifications and competence"; "Experts' overriding duty to the Court"; "Independence of the expert witness"; "Opinion on the ultimate issue"; "Evidence which the expert may refer to"; "Value of expert evidence"; "Immunity of experts"; and "Cross-examination the expert witness". The seminar was attended by 32 participants. 


30 August 2018
Young Lawyers and Pupils Merdeka Social
The above social event, organised by the Young Lawyers Committee to celebrate Hari Kemerdekaan, was held at For Fork’s Sake, Central Market Annexe from 8:30 pm till late.


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