Circulars

Notes of Meeting between KL Bar CLC and KL Courts Hakim Kanan on 27.05.2009

Notes of Meeting with the Acting Hakim Kanan on 27.05.2009

The Court Liaison Committee (CLC) of the Kuala Lumpur Bar Committee met with the Deputy Registrar of the Court of Appeal, the Registrar of the Kuala Lumpur Subordinate Court and some of the Session Court Judges. The meeting was chaired by Tuan Hashim Hamzah, Acting Hakim Kanan of the Subordinate Courts on 27.05.2009 at Putrajaya

Extraction of Draft Orders and Judgments

The courts are attempting to clear the backlog.Some of the reasons for the backlog in extraction are:

1. Counsel filing draft orders and/or judgments with the wrong summons number(s) and/or wrong parties; and

2. Drafts not approved by lawyers.

Lawyers are to ensure that such typographical mistakes are avoided to expedite approval of the orders/judgments.
Extraction of Seal Orders and Judgments
Since December 2008, fair orders and judgments can be extracted on the same day of filing. Members, please take note.

Refusal to grant adjournments for accident cases
We have been assured by the Session Court Judge that adjournments would be considered upon the production of medical certificate. The exercise of discretion still lies with the courts.

In respect of the court’s refusal to grant adjournments for a party to study the specialist report that has just been received, the courts are reluctant to grant adjournments but are willing to proceed to hear the case on the issue of liability alone and to adjourn the matter to another date for hearing on the issue of quantum.
Fixing of cases not according to lawyers’ free dates
Lawyers have been assured that the courts will accommodate their free dates when fixing hearing and/or trial dates. Request can made for a hearing to be fixed in the afternoon if the lawyer is not available in the morning.
Affidavit of Service for Banking Matters
Lawyers need not exhibit the contractual banking documents in their affidavits of service in cases where the summons has been served on the defendant (s) personally.

Standardisation of Orders and/or Judgments
A meeting will be held to resolve this issue at a later date.

Feedback from the Judiciary
1. Lawyers are advised to state “Ada Rayuan” on the right side corner of the said draft order and/or judgment for summons where an appeal has been filed. This would assist the court in tracking the said file and enabling early extraction of the draft order/judgment.

2. Lawyers who wish to amend the seal orders and/or judgments are advised to go through the proper procedure as oppose to approaching the Registrar on such matters;

3. Lawyers are advised not to file application for taxation when the orders and/or judgments do not provide for the same;

4. Lawyers are advised to bring the draft orders and/or judgments for default judgment, consent judgment and orders for substituted service on the day of the mention/hearing and to pass the same to Interpreters upon the said order and/or judgment being made. This would enable early extraction of the said draft order and/or judgments;

5. To help clear uncollected documents lawyers are advised to collect their documents and/or summons timely as uncollected documents are causing storage problems. To assist in clearing uncollected documents it was suggested that there be a clearance day” where lawyers are advised to collect their documents. We will be informed of this “clearance day” in due course.

6. Lawyers who have arranged for appointments with court officers are advised to be present for their appointments as many do not turn up when the appointment dates are fixed;

7. Mediation is now available for personal injury cases and lawyers are encouraged to partake in the mediation process with a view to resolving matters expediently.

Conclusion
The meeting was extremely cordial, open and frank with all parties wanting to work together to have a better system. CLC would like to thank the representatives of the Judiciary.

There will be further meetings and we welcome feedback from members on any issues that we ought to raise with the Subordinate Courts.

Thank you.
Jennifer J Chandran
Head Sub-Court Unit
Civil Court Liaison Committee