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[Key Takeaways] Seminar on Exclusion Clause - Endgame?

The KLBC Young Lawyers Committee organised a seminar on 15 April 2019 to discuss CIMB Bank Bhd v. Anthony Lawrence Bourke & Anor [2019] 2 MLJ 1 , the recent landmark Federal Court decision on exclusion clauses. Ong Yu Jian, the successful lead counsel for the Respondents shared insights into the arguments taken before the Federal Court. We also had Vince Chong Khin Young share his views on the applicability and effectiveness of an exclusion clause from the banks’ perspective in light of this recent Federal Court decision. Both speakers received many questions from the floor. In essence, the Federal Court held that any exclusion clause which is purposed to absolutely restrain any party from litigating against another party under any type of contract, is found to contravene S. 29 of the Contracts Act 1950. An exclusion clause can be struck down by the courts if it goes against public policy. This happens where there is unequal bargaining power between parties. In an ...

The Quest - Being a SkyWarrior

It first started as an idea by one of our Engineer members from the Young Professional Alliance (“YPA”)  namely Zhi Howe - the first activity in 2015 for the YPA would be the SkyWarrior Rainforest Challenge (“ SkyWarrior ”) at the Skyrides Festivals Park in Putrajaya. After much discussion, the SkyWarrior activity was organised by the Nurses team and led by the ever capable Shobana.   The event was held on 23 May 2015 which saw the members of the YPA attempting the SkyWarrior. We were told that the record to beat would be 30 seconds (men category) and 90 seconds (women category). Strutting with confidence of beating the record, we stopped dead in our tracks when we saw the challenge before us. To those familiar with obstacle course competitions, the SkyWarrior is akin to American Warrior Ninja and Sasuke. We counted 8 obstacles to go through and any misstep will result in the participant falling into water. The obstacles were designed to test the ability to bala...

YLC shares insights into legal practice with Law Students at Taylor’s University

On 21 March 2015, members of the KLBC Young Lawyers Committee (“ KLBC YLC ”) made their way to the Lakeside Campus of Taylor’s University. The objective and purpose? To speak to the first and second year law students on practising law in Malaysia from a practitioner's point of view. There were approximately 40 students who attended this event and we congregated in one of the many lecture halls in Taylor’s University. The morning started with an introduction by Ms. Marini Arumugam and Dr. Assad, the LL.B Programme Director of Taylor’s University. This was followed by a speech from Dinesh Nandrajog, the Deputy Chairperson of the KLBC YLC and a speech from the Chairperson of the KLBC YLC. The participants were then broken up into groups of seven to eight to facilitate informal discussions between them and the members of the KLBC YLC.  Each group was accompanied and led by two to three members of the KLBC YLC. Those sessions were then held in smaller seminar rooms f...

KL Bar Young Lawyers Committee Retreat 2011

Over the weekend of 16th -17th April 2011, 36 new and old members of the Kuala Lumpur Bar Young Lawyers Committee (KLYLC) participated in a retreat at Bukit Gambang Resort City Kuantan, Pahang. Nestled within the secondary jungle in Gambang, Kuantan, the resort provided the perfect environment for the retreat. Despite a rainy Saturday morning, it did not dampen the spirits of the enthusiastic participants who all gathered at the BHP Petrol Station, Gombak before leaving together in a convoy of 9 cars. After a 3-hour drive through the East Coast Highway, the participants arrived safely at the resort. The retreat began with a brief welcome address by the KLYLC Chair, Kenneth Wong Poh Lim followed by an ice-breaking session. Participants were paired together and required to briefly describe his/her partner. Each participant was also provided with a name tag to sketch his/her partner’s face on it. After a scrumptious buffet lunch at the resort’s coffee house, the next agenda for the retrea...

1st KL Bar Young Lawyers Committee Meeting of 2011/2012

19 March 2011, Saturday – The Kuala Lumpur Bar Young Lawyers Committee (“KLYLC”) held their first meeting for the term 2011/2012 at the KL Bar Auditorium. Despite an unusual cold and rainy Saturday morning (an ideal condition to sleep in), the meeting nonetheless attracted approximately 70 very excited, enthusiastic and energetic young lawyers including one who was only in her 6 th day of pupillage! After some light refreshments which included coffee and sandwiches, the meeting began with a brief welcome address by Chair of the Committee, Kenneth Wong Poh Lim followed by an ice-breaker session led by Yohendra Nadarajan and Deputy Chair of the Committee, Daniel Albert. The pink KL YLC T-shirt was made into a “ball” and tossed around between members, whereby he/she gives a brief introduction and to say something special about themselves if they caught the ‘ball’. The KLYLC is indeed very special as we had a Spanish dancer, a Rabbit, plenty of rowdy football fans and one who claims he wa...

1st KL Bar Young Lawyers Committee Meeting

We are just 3 days away….. From our very own first KLYLC Meeting this Saturday, 19 March 2011 (10.30am @ KL Bar Auditorium - casual wear)! Why you WOULD want to attend - - We will be unveiling our KL YLC Retreat 2011, which will be happening on April 16-17 (details would only be revealed this Saturday and spaces are limited!!) and there's a secret catch for it. Come for the meeting this Saturday and we will let you know! - We have invited (mysterious) 'passionate' members of the Bar to share with us some stuff. Why you SHOULD attend - - A brand NEW YLC structure would be unveiled and new units under the KLYLC would be revealed too! - The visions of KLYLC would be presented as well Why you MUST attend - - We need each of you guys to help out in carrying out those proposed programmes - YLC need fresh faces with fresh ideas. It's our committee, not mine, not anyone - but OURS. If you are interested to join us, kindly email Melissa at melissa@klbar.org...

Candidate Watch Campaign: The Answers!

As you all may be aware, the Kuala Lumpur Bar Young Lawyers Committee (“KLYLC”) had embarked on a new initiative for to the Bar Council Election 2011/2012, known as the ‘ Candidate Watch Campaign ’. The list of candidates was released by the Bar Council secretariat on 1 November 2010 and we have on the same day circulated a set of 7 questions to each of the candidates via email. The list of questions was also sent to the candidates via post and fax subsequently and each candidate was asked to respond by Friday, 12 November 2010 . To date, we have received replies from 18 candidates out of the 26 candidates vying for seats on the Council for the 2011/2012 term. Below are the replies from the candidates who have responded to the questions, reproduced in their original form ( i.e. no editing was carried out ). The KLYLC wishes to thank the candidates who have reverted to us for their time and for supporting the Candidate Watch Campaign. We hope that that this inaugural initiative woul...

Candidate Watch campaign: Know Your Candidates!

You have a say in determining who would be the decision-makers of the body governing our profession! Yes, it is once again the time for the Bar Council Elections and you, yes YOU will be electing the candidates vying for seats on the Council for the 2011/2012 term. This time around, there is a new reason for excitement. The Kuala Lumpur Bar Young Lawyers Committee (“KLYLC”) embarked on a new initiative called the ‘ Candidate Watch ’. Essentially, the ‘ Candidate Watch ’ campaign hopes to provide members of the Bar with the opportunity to know and understand the candidates that have offered themselves in the Elections, up-close and better. We understand that the Malaysian Bar, being a body that boasts a membership of approximately 13,000 members in strength, typically only received about 3,000 returned ballot papers. This translates to a mere 23% of the members of the Bar who actually exercise their right to vote – miserable figures indeed! One of the major reasons given for ...