When a marriage ends, one of the most disputed issues is often not whether there should be a divorce, but how the parties’ assets should be divided. In Malaysia, that question is governed principally by section 76 of the Law Reform (Marriage and Divorce) Act 1976. In the recent legal trend, the court does not…
How the upcoming reforms, new laws, and digitalisation will transform the way Malaysians buy, sell, rent, and manage property. Malaysia is entering one of the most transformative periods in its property sector in decades. A wave of new laws, digital systems, and policy reforms is reshaping how homes are built, sold, financed, managed, and rented….
There are a few ways to negotiate for spousal maintenance. Commonly, negotiation can happen via a physical or virtual meeting or via legal correspondence. Sometimes, negotiation can also happen in the presence of a neutral third party such as a financial planner or a family therapist. It is important to note that different strategies may…
Filing a trademark is a critical step in securing your brand’s identity. In Malaysia, the journey from application to registration is managed by the Intellectual Property Corporation of Malaysia (MyIPO). While most applicants hope for a smooth path, a common hurdle is the issuance of a Provisional Refusal. By understanding the process and responding decisively…
1. Where ‘domicile’ grants jurisdiction for parties to file for divorce, ‘reside’ grants jurisdiction for parties to file for judicial separation. It forms the basis of the petition being filed in the family court, and the source of the courts’ power to grant orders.2. The understanding of these phrases becomes particularly important given how borderless…
Following our earlier article on “Understanding Your Rights in Cases of Inaccurate CTOS Scores”, there has now been a significant development. In CTOS Data Systems Sdn Bhd v Suriati binti Mohd Yusof [2024] 5 MLJ 811, the Court of Appeal has overturned the High Court’s decision, marking an important shift in how liability of credit…
The Malaysian Courts have recently been confronted with a novel and complex issue at the intersection of law, ethics, and reproductive technology. What happens when science outpaces the law—and a marriage ends while parenthood remains frozen in time? In RAH v. RAL [2025] 4 CLJ 132, the High Court of Malaya was asked to decide…
Arbitration is an alternate dispute resolution process to the usual process of the Courts. This avenue is usually resorted by parties when their contract provides for a pre-existing arbitration clause or where parties collectively agree to arbitrate their existing dispute before an arbitrator instead of a judge. The arbitration proceedings in Malaysia are usually administered…
Effective 14.04.2014, the Construction Industry Payment and Adjudication Act 2012 (CIPAA) came into force. The introduction of CIPAA provides an alternative and expeditious recourse to unpaid parties in the construction sector compared to the slower and costly processes of litigation or arbitration. The adjudication process is private and would usually take approximately 90-100 days from…
If your business relies on patents, a significant shift in Malaysia’s legal framework is now in effect as of 31 December 2025. The Patents (Amendment) Regulations 2025 introduce a new administrative system for challenging patents, altering the strategic landscape for both patent owners and their competitors. For business leaders, understanding this change is crucial for protecting…
