By Christine Toh The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) came into operation on 15.4.2014. CIPAA was enacted to ease cash flow problems in the construction industry by facilitating regular and timely payment, by providing a mechanism for speedy payment dispute resolution through adjudication and by providing remedies for the recovery of payment…

By Raymond Mah, John Chan and Karmen Fung On 4 October 2019, the Court of Appeal unanimously allowed the appeal by Muhamad Nazri Bin Muhamad (Appellant/Plaintiff) against the Joint Management Body (“JMB”) of Menara Rajawali and Denflow Sdn Bhd (Respondents/Defendants) in the Court of Appeal Civil Appeal No: W-02(NCVC)(A)-2057-10/2018.  The decision by the Court of…

Tuesday, 19 November, 2019 12:30pm – 2:30pm    Basics of Construction Contracts in Malaysia (Download pdf brochure ) Overview Dealing with construction contracts can be daunting for companies. It is essential for individuals and companies in the construction industry to be well versed in standard agreements, common contractual terms in the construction contracts and their implications. This…

By Eric Toh Matrimonial matters concerning non-Muslims in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976 (“LRA”). A joint petition is an application to court whereby both parties to a marriage consent and agree to a divorce and to all the terms of a divorce. A Joint petition is generally less…

MahWengKwai & Associates’ Public Series Lunch Talks are organised once a month over lunch to inculcate knowledge and awareness, promote deliberations, for networking and to explore new strategic partnerships amongst our associates and clients. On 18 September 2019, our Senior Associate, Ms Diana Cheak, and Associate, John Chan, from the firms’ Employment Department spoke on…

By Diana Cheak What is mediation? Litigation is an adversarial process of resolving disputes in court. Unlike litigation which is based on a judicial and adversarial process, mediation is a form of alternative dispute resolution which is voluntary, informal and flexible. Mediation focuses on the needs and interests of the parties as opposed to legal…

By Raymond Mah and Karmen Fung On 4 October 2019, the Court of Appeal unanimously allowed the appeal by Muhammad Nazri Bin Muhamad (Appellant / Plaintiff) against the Joint Management Body (“JMB”) of Menara Rajawali and Denflow Sdn Bhd (Respondents / Defendants) in Civil Appeal No: W-02(NCVC)(A)-2057-10/2018.  The decision by the Court of Appeal is…

Wednesday, 18 September, 2019 12:30pm – 2:30pm    Understanding Unfair Dismissal Claims and Managing Poor Performance (Download pdf brochure ) Overview Dealing with poor employee performance can be very challenging for employers. The law allows an employer to terminate an employee if the employee’s performance is not satisfactory. However, there are certain criteria to be fulfilled before…

By Christine Toh and Eric Toh According to the Malaysian Statistics Department, the divorce rate for non-muslim males aged 18 and above was 6.5 per cent in 2017; whereas the divorce rate for non-muslim females aged 16 and above stood at 7 per cent in the same year. Divorce is becoming increasingly common and the…

By Richard Wee, Lesley Lim, Janessa Kok, Oh Jia Ling Employment Law: Medical Boarding Out or Not? Every employee of an employment contract will inadvertently fall ill every now and then. Of course, all employees are entitled to take medical leave, but in extreme cases where the employee has unfortunately contracted a disease or became medically or physically…

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