Circular No: 207/2024
Date: 20 December 2024
Dear Members of the Kuala Lumpur Bar,
On 23 August 2024, the Kuala Lumpur Bar Committee Civil Practice & Court Liaison Committee (“KLBC CPCLC”) held a meeting with the Director of the Kuala Lumpur Courts to discuss feedback raised by members pertaining to the Court administrative, infrastructure and facilities at the Kuala Lumpur Court (“MKL”) and other arising issues.
The KLBC CPCLC was represented by the Chairman, Alvin Oh Seong Yew, CPCLC Co-Chairpersons Nimalan Devaraja and Shugan Raman, and Deputy Chairpersons, Aarthi S. Jeyarajah and Grace Teng Peck Yin.
We set out below a brief summary of the matters discussed during the said meeting:
Parking Area Outside Kuala Lumpur Court Complex (“KMKL”)
The present status of this matter has been shared with members by way of our Circular No: 141/2024 dated 26 August 2024 and Circular No: 204/2024 dated 12 December 2024.
We would like to further update members that we have written to the Federal Land Property Division of the Department of Director General of Lands and Mines, which we understand to have legal ownership of the parking areas outside of the Kuala Lumpur Court Complex to request that they consider granting a discount on the parking charges for members of the Bar.
Proposal To Build A Ramp At The MKL Cafeteria
The KLBC CPCLC has proposed to build a ramp at the stairs leading to the MKL Cafeteria. The construction cost for the same will be borne by the KLBC.
On 29 August 2024, we have issued a letter to the Court regarding this proposal. We understand that the proposal was referred to the KMKL Security Department for consideration. We have since been informed by the Court that, upon consultation with the Jabatan Kerja Raya, it has been informed that the proposal is not feasible as it would require changes to the original building structure of the KMKL to enable a ramp to be built which would be safe for users, especially those in wheelchairs.
However, the Court has agreed with our alternative proposal to allow members and/or visitors to access the ramp at the Court staff entry and exit point leading to the cafetaria. A notice has been placed near the cafetaria entrance to inform members and/or visitors of the ramp’s location. Additionally, a RELA officer has also been stationed at the location to assist any members and/or visitors in opening the access door to the ramp.
Provision Of Wi-Fi At The KMKL
As members may know, we previously requested the Court to provide Wi-Fi for members of the bar. Unfortunately, due to budget constraints, this proposal has not yet been implemented.
Previously, the KLBC had reached out to the Ministry of Law, Ministry of Communications, and Ministry of Digital, to request that a budget be allocated to the KMKL for the provision of Wi-Fi to members of the Bar. This is to facilitate the carrying out of physical hearings and trials.
During the meeting, the Court Director informed us that it has applied for a budget to provide Wi-Fi services to members of the Bar. The proposal is to provide Wi-Fi connection at certain areas such as within the Courtrooms.
Printing Services
The KLBC proposed that the KMKL consider engaging a third-party printer to provide printing services via a mobile printer. The objective of the proposal is to enable members to print documents directly from their laptop and/or mobile phones without the need to have to go to, among others, the KL Bar Room on the 5th floor. The mobile printers will be placed at common areas at the KMKL.
The Court Director informed the KLBC that it is open to the proposal as it would be beneficial to members. Accordingly, vendors interested in providing the service can submit their proposal directly to the Assistant Director, Tuan Muhammad Shahriel Azneil bin Md Radzi at shahriel@kehakiman.gov.my.
Temporary Playroom For Children
We received feedback from members suggesting the need for a playroom for children for parents whom are attending court proceedings in the MKL.
The Court Director has taken note of this suggestion and will discuss it further with the Kuala Lumpur Child Care Center Committee to consider whether the Child Care Center which is available for the children of Court employees can be opened up to members of the public as well.
Digital Court Location Map
Members may access the Court location map through the Kuala Lumpur Court portal at the quick access section or click here to access the location map directly.
The Court Director also mentioned that QR codes for the location map will be placed in suitable areas of the Court Complex for the convenience of lawyers and the public.
Rejection Of Contractual Interest Or Pre-Judgment Interest By Magistrate When Granting Judgment In Default
We informed the Court Director that we have received feedback from members that there are instances where the Magistrate had rejected the pleaded claim of contractual interest or pre-judgment interest in approving Judgement in Default and only granted the standard interest rate of 5%.
The Court Director informed us that the will bring the issue to the attention of the supervisory Judge of the Civil Subordinate Courts.
In the meantime, the Court has advised that parties file an affidavit enclosing the documentary evidence that the party is entitled to contractual interest and/or pre-judgment interest prior to applying for the Judgment in Default. This is to ensure that the Court has sufficient evidence before it to exercise its discretion on when granting the Judgment In Default.
Cleanliness Of Toilets
If members notice any issues with the cleanliness, lack of supplies and/or vandalism in respect of the toilets at the KMKL, members are encouraged to immediately bring this to the attention of Ketua Bahagian Kebersihan, Encik Mohd Kamarul Azman bin Othman at kamarul@kehakiman.gov.my so that prompt action may be taken.
There was also a suggestion for the Court to install warning signs prohibiting smoking in the toilets. We were informed that the Ministry of Health of Malaysia recently conducted an inspection of the KMKL and a few individuals were issued compounds for smoking on the Court premises.
Feedback From The Court Director In Respect Of Members Of The Bar
- Punctuality
The Court raised concerns regarding the issue of late attendance by lawyers. We advise lawyers to log in their virtual matters or appear in Court for physical matters on time. It is recommended to arrive and/or log in at least 10 minutes early.
- E-review Session
We were informed that there are several cases where lawyers disappear after logging in and introducing themselves, and only return to the session after a few hours without informing the relevant Court Registrar. We suggest that members inform the Court at the E-review session in the event the attending lawyer has to attend to other matters in the interim. We have also been advised that all Court Registrars have been informed that the E-review session must be completed on the scheduled day and there should not be inordinately delayed replies from their end.Members are further advised to provide the status of the case during the introduction at the beginning of the e-review session and to refer to the relevant enclosure numbers when referring to Court applications etc. This will help ensure the session is carried out smoothly and efficiently for all parties.
Alvin Oh Seong Yew
Chairman
Kuala Lumpur Bar Committee
Nimalan Devaraja
Shugan Raman
S.Saravana Kumar
Co-Chairpersons
Civil Practice & Court Liaison Committee