Circular No: 204/2024
Date: 12 December 2024
Dear Members of the Kuala Lumpur Bar,
On 5 December 2024, the Kuala Lumpur Bar Committee (“KLBC”) held a meeting at the Palace of Justice with YAA Tun Tengku Maimum binti Tuan Mat, the Chief Justice (“CJ”), Datuk Zamri bin Haji Bakar, the Chief Registrar and Puan Azura binti Alwi, the Director of Kuala Lumpur Courts. The meeting was held to address several practice-related issues concerning the Kuala Lumpur Courts and to explore a resolution to the same.
We raised and discussed the following matters during the meeting:-
Mode Of Conduct for Hearings and Trials
The KLBC is aware of concerns regarding the increasing number of matters being conducted physically, including case management and uncontested applications. This situation has not only further compounded the issue of insufficient parking available for members, but also resulted in an inefficient use of the technology invested by lawyers previously to enable them to carry out matters virtually. This concern was also communicated to the Chief Justice during the meeting.
The Chief Justice clarified that, to her understanding, physical attendance should primarily be required for contentious matters. Judges retain the discretion to conduct hybrid hearings if necessary, such as in cases involving foreign witnesses. She informed that the Chief Judge of Malaya would meet with the Managing Judges after the New Year to revisit this issue.
The KLBC also took the opportunity to inform the CJ that, in November 2024, the KLBC had submitted to the Managing Judge a set of proposed guidelines for the mode of hearings and trials based on feedback gathered from members from the KLBC’s Civil Practice and Court Liaison Committee. The CJ assured us that she would review the proposed guidelines.
Backlog of Cases within The Kuala Lumpur High Courts resulting in Trial dates being fixed in 2026 and later
We have received feedback from members that trials are being scheduled as late as 2026 or beyond. We urged the appointment of additional Judges to address this backlog.
The CJ acknowledged the issue and noted that steps are being taken to reschedule some matters to earlier dates. She also mentioned that the Judicial Appointment Commission is continuously identifying qualified candidates for Judicial appointment. Lawyers interested in becoming Judicial Commissioners are encouraged to apply through the Judicial Appointments Commission website.
Immediate rejection by the Court Registry of Cause Papers filed under the wrong code and/or with erroneous details/missing exhibits instead of liaising with the Lawyers to take remedial steps
Instances of immediate rejection of cause papers due to incorrect code, missing details or missing exhibits were brought to the CJ’s attention. Such rejections require lawyers to refile at additional costs. We proposed a more informal system where the Court Registry liaises with lawyers to address errors before rejection of the documents filed.
The Court clarified that the Registry or Court officers are not allowed to reject documents outright. Instead, they should transfer the file to the relevant court for case management, where further directions can be issued. The CJ also urged lawyers to exercise greater care in their filings to minimise such occurrences.
Provision of Zoom Recordings to Parties, irrespective of whether it is an Open Court or Chambers matter
There have been instances where Judges refused requests for Zoom recordings, which are crucial for reconciling notes of proceedings.
The CJ clarified that Practice Direction Bil.2/2024 permits lawyers to obtain Zoom recordings and/or verbatim notes unless there are valid reasons for refusal. However, members were reminded that these recordings are for use in their respective cases and must not be distributed, copied or uploaded publicly.
Insufficient Parking for Lawyers within the Kuala Lumpur Court Complex (“KMKL”)
The KLBC again raised concerns about the insufficient parking allocated for lawyers within the KMKL. Currently, only 59 parking bays are available, which is inadequate to meet the needs of members. This issue is further compounded by the fact that some parking bays designated for Court staff remain unused during working hours but cannot be accessed by lawyers.
To address this, we requested an increase in the number of parking bays allocated to lawyers. We also proposed allowing lawyers to park in the designated parking bays for Court staff after 9:00am to better utilise available spaces. Additionally, we suggested opening Gate B (near Child Care Centre) to provide easier access to the Court compound for lawyers using roadside parking along Jalan Sultan Mizan Zainal Abidin.
The CJ noted these concerns and requested the Chief Registrar and the Director of KMKL to explore converting additional areas into parking bays for lawyers. We also informed the CJ of our correspondence with the concessionaire and relevant authorities regarding the possibility of reducing or entirely removing parking charges for the parking lots outside the KMKL, and of our correspondence with the Royal Malaysian Police in order to seek a moratorium on the issuance of summons for cars parked along the shoulder of the road leading to the KMKL.
Opening of the Porch at KMKL for Members to Unload Bags/Be Dropped Off
The KLBC raised, once again, the request to reopen the porch area at KMKL for members to unload their bags or be dropped off. Currently, the porch is only accessible during rainy weather due to security concerns and to prevent congestion.
The CJ requested the Chief Registrar and the Director of the KMKL to discuss the matter with the Security Department to reassess the necessity for the current restrictions, particularly since similar measures are not enforced at other Courts. We will continue to follow up on this matter.
Relocation of the Bar Room in the Kuala Lumpur Court Complex
The KLBC proposed relocating the Bar Room from the 5th floor to the ground floor for better accessibility and to enhance public awareness of legal aid services. The Chief Justice agreed that a ground floor location would be more practical and informed us that KMKL is evaluating suitable spaces for the relocation of the Bar Room and Legal Aid Centre.
Wi-Fi for the Kuala Lumpur Court Complex
The KLBC emphasised the need for improved Wi-Fi connectivity at KMKL. Members frequently require internet access for work-related tasks while waiting for their cases or to carry out their hearings and trials. The issue is further compounded by poor mobile data coverage in the KMKL.
The Court informed us that they are currently testing the connection to determine if it can support public access or if additional infrastructure is required. Efforts are underway to install Wi-Fi in courtrooms, and once completed, members will receive tokens for access.
Lastly, the CJ conveyed her gratitude for the Bar’s continued support to the Judiciary.
Alvin Oh Seong Yew
Chairman
Kuala Lumpur Bar Committee
Nimalan Devaraja
Honourary Secretary
Kuala Lumpur Bar Committee