Bar Council Circular No 031/2013
Dated 5 Feb 2013
To Members of the Malaysian Bar
Request for Feedback on Rules of Court 2012
Reference is made to Circular No 142/2012 dated 2 July 2012, Circular No 146/2012 dated 3 July 2012, Circular No 152/2012 dated 12 July 2012, Circular No 165/2012 dated 31 July 2012, Circular No 167/2012 dated 2 Aug 2012, Circular No 174/2012 dated 9 Aug 2012 and Circular No 205/2012 dated 19 Sept 2012.
In the abovementioned circulars, Members were notified, inter alia, of the following:
(a) The Rules of Court 2012 [PU (A) 205/2012] came into force on 1 Aug 2012. On the same day, the Subordinate Courts Rules 1980 and the Rules of the High Court 1980 were repealed;
(b) The Rules of Court 2012 are to be read together with the Corrigendum [PU (A) 226/2012] which was gazetted on 25 July 2012, and the Rules of Court (Amendment) 2012 [PU (A) 232/2012] which was gazetted on 1 Aug 2012; and
(c) Order 91 of the Rules of Court 2012 and Appendix B1 and Appendix B2 (ie the revised schedule of filing fees for the subordinate courts and the High Court) will only come into effect when the Subordinate Courts (Amendment) Act 2010 comes into effect. In the meantime, the schedule of filing fees that is applicable for the subordinate courts and the High Courts is as per Schedule B of the Subordinate Courts Rules 1980 and Appendix B of the Rules of the High Court 1980, respectively.
The Bar Council has set up a dedicated email address (rules2012@malaysianbar.org.my) so that Members will have an avenue to provide feedback with respect to the manner in which the courts are implementing or misapplying the Rules of Court 2012.
In this regard, the Bar Council has worked closely with the Judiciary and the Attorney General’s Chambers in resolving problems that have surfaced prior to and since the implementation of the Rules of Court 2012. The Bar Council’s efforts are ongoing as there are still some issues that have yet to be resolved.
We invite Members to provide feedback on the Rules of Court 2012 and the Court Forms since implementation.
In particular, it is imperative that Members inform the Bar Council of any errors or omissions in the Rules of Court 2012 that they are aware of, so that recommendations may be made for these to be addressed and corrected expeditiously. Members are urged to provide their suggestions regarding how the errors or omissions can be remedied.
Please send your feedback to rules2012@malaysianbar.org.my by 5 Mar 2013 (Tuesday).Thank you.
Tony Woon Yeow Thong
Secretary
Malaysian Bar