Business and trading have come a long way — from the barter system to the creation of money. With the rapid development of automation and technology, business and trading today is commonly carried out by way of credit and potentially even cryptocurrencies. However, such advancements also bring about their own share of problems; one of…

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 unfit; can the employer take steps to…

  Wills A Will and Wasiat are governed by different sets of laws in Malaysia. However, both serve a similar purpose – to manage a deceased person’s asset after the demise of that person.   Essentially, non-Muslims may practice the distribution of assets and realise their final wishes upon demise via a Will. When an…

  MWKA had the privilege of attending the recent KL Major held at Axiata Arena from 16 – 18 November 2018. Coined the largest international esports tournament in Malaysia, the KL Major was truly a spectacle to behold and proved to the world that Malaysia is capable of hosting world-class esports events.   Although there…

    Malaysian employment law requires employers to have “just cause and excuse” before terminating their employees. The Courts have put employees security of tenure in employment on the same footing as that of ‘property right’. In Hong Leong Equipment Sdn. Bhd. v Liew Fook Chuan and Anor [1996] 1 MLJ 481 , Gopal Sri…

In Malaysia, the burden of assessing tax liability is placed on the shoulders of the taxpayers, i.e. a self assessment tax system to encourage voluntary tax compliance and to reduce tax administration cost. However, the Director General of Inland Revenue (“Director General”) has a wide discretion under the Income Tax Act 1967 to make an…

1.       How to choose a lawyer Choosing a lawyer may feel like a challenging process for many people and indeed, it might be. Almost every one of us, at one point or another, may find ourselves in a situation where one may require the services of a lawyer, be it to handle a real estate…

This article intends to address the effect and consequences of money laundering over real estate and the legal profession in Malaysia. The flow of this article will be to extract the finer points of money laundering and how it usually comes into play; before cross-referring with real estate and the legal profession. Effectively, this write-up…

The law presumes that a person is of good character, unless proven otherwise. If a statement is made about a person which is defamatory and affects the reputation of that person in the eyes of the public, that person may have a claim for defamation against the maker of that defamatory statement. The applicable legislation…

In our previous article (“The Difference Between Contract of Service and Contract for Services”)(Part 1), we commented on the differences between a Contract of Service and a Contract for Services. In this second article of the same series, we will apply the principles discussed in Part 1 in a few hypothetical situations to determine the…

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