Our Practice Area

Arbitration

Aviation

Banking & Finance

Building, Construction & Engineering

Civil Litigation & Disputed Resolution

Construction Adjudication (CIPAA 2012)

Commercial Fraud

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Conveyancing

Corporate and Commercial Contracts

Debt Recovery

Defamation

Labour & Industrial Disputes

Family

Probate and Trusts

Judicial Review

Mediation

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Winding Up

Will Writing

ARBITRATION

Arbitration has become more and more popular in Malaysia as an alternative form of dispute resolution in preference to litigation for certain sectors where confidentiality is an important factor as well as for cross-border transactions. We have over the years garnered extensive experience in handling various types of disputes in ad hoc arbitrations as well as those under institutional arbitration rules.

  • We provide legal representations in arbitration proceedings or arbitration-related court proceedings.
  • We have advised and represented clients from various backgrounds in arbitration or arbitration-related court proceedings.
  • We regularly service clients from various industries including: Building and Construction.

AVIATION

  • We provide legal advice on aviation-related disputes and matters.
  • We have vast experience both in court proceedings and arbitration.
  • We deal with manufacturing defects, disputes over delivery and redelivery, airline passenger claims and insurance.

BANKING & FINANCE

  • We provide legal advice on banking and finance transactions and products.
  • We have extensive expertise in negotiating, developing and structuring various documentations relating to bond, loan notes, securitisation, private debt securities, project and asset financing, conventional and core sectors of corporate banking and retail banking facilities.

BUILDING, CONSTRUCTION & ENGINEERING

We provide advice on projects. Our services include consultancy, documentation, litigation, arbitration and adjudication in accordance with the Construction Industry Payments and Adjudication Act 2012 and further alternative dispute resolution methods.

Scope of construction and engineering consultation and documentation include:

  • pre-bid agreements;
  • consortium or joint venture agreements;
  • tender documentations;
  • main contracts (both standard form, e.g. PAM Conditions of Contract, IEM Conditions of Contract and the PWD Form, and tailor-made agreements);
  • subcontracts;
  • consultancy services agreements;
  • project management agreements;
  • operation and maintenance agreements.
  • performance bond

CIVIL LITIGATION & DISPUTED RESOLUTION

Matters and legal disputes which come within the portfolio of the term include:

  • corporate disputes;
  • shareholder and joint venture disputes;
  • insolvency and corporate recovery;
  • claims in contract, tort and trust;
  • commercial disputes;
  • defending or prosecuting under various regulatory statutes including the Employees Provident Fund Act, applications under the Companies Act including for capital reduction or restructuring, planning, rating appeals and land acquisition cases.
  • We advise clients on overall litigation strategy especially in complicated disputes, and also lead and advise clients in any settlement negotiations.

CONSTRUCTION ADJUDICATION (CIPAA)

Through the Construction Industry Payment and Adjudication Act 2012 (“CIPAA”), the Malaysian construction sector has enjoyed consistent expansion in recent years. CIPAA is aimed at creating a framework for speedy dispute resolution by adjudication in the construction sector, as well as providing remedies for payment recovery.

Our legal services include:

  • advising and assisting clients in claims under the Construction Industry Payment and Adjudication Act 2012.
  • advising and assisting clients to defend adjudication claim.
  • representing clients to enforce adjudication decision or set aside such decision in court.

CONVEYANCING

Our firm has extensive expertise with sale and sub-sale transactions in non-landed/landed properties and mixed projects, and is well versed in the drafting and preparation of sales and purchase agreements.

Our legal services include:

  • sale and purchase agreements
  • conducting land title search to check for any encumbrances or other particulars.
  • assisting in redeeming charged/mortgaged property.
  • checking whether there is any restriction in the property title.
  • transfer of property
  • real property gains tax (RPGT/CKHT) returns.
  • memorandum of transfer.
  • memorandum of charge.
  • stamp duty transfer, charge and related instrument.
  • deed of receipt and reassignment.
  • settlement agreement.
  • extension of leasehold tenure.

CORPORATE AND COMMERCIAL CONTRACTS

Our legal services include:

  • service agreement
  • commercial agreement
  • sale shares agreements
  • corporate finance
  • construction agreement
  • sub-contract
  • sale and purchase of goods
  • lease agreement
  • hire purchase
  • assignment

DEBT RECOVERY

We provide legal services in relation to debt recovery and execution of judgment debts to recover debt due and payable either from an individual, or a company.

Our legal services include:

  • legal representation in courts
  • issuing letters of demand before legal action
  • conducting company’s background search
  • preparing credit reports and status reports
  • conducting negotiation on behalf of clients.

DEFAMATION

Our legal services are tailored to suit every client’s needs. In cases involving libel, slander and other malicious falsehoods, we offer clients legal representation.

Our legal services include:

  • preparing statement of claim, statement of defence and all interlocutories.
  • pre-action consultation to determine strength of claim
  • assisting client in establishing suitable defences such as justification, fair comment, absolute privilege or qualified privilege.
  • legal representation in Court.

LABOUR & INDUSTRIAL DISPUTES

In matters related to employment and labour laws in Sabah, we provide representation and legal advisory services to both employees and employers. We recognize and endeavor to reach the best solutions for our clients in practical issues arising from the delicate nature of employer-employee relationships.

We regularly represent and advise corporations, businesses and individual employees of various backgrounds. Our lawyers have been engaged for matters relating to

  • disciplinary procedures,
  • termination of employments,
  • unfair dismissal claim at the Industrial Court,
  • employment contracts,
  • handbooks and policies,
  • labour relations and negotiations.

FAMILY

A variety of family matters are handled by our lawyers. In order to settle conflicts in the best interest of the child and to safeguard family responsibilities, we offer realistic advice to minimize acrimonious issues.

We provide legal representations to clients in areas such as:

  • divorce, judicial separation,
  • adoption,
  • annulment proceedings,
  • maintenance for spouse and children,
  • division/distribution of matrimonial property, custody disputes and
  • settlement agreements.

PROBATE

We provide advice on all aspects concerning the administration of estates of the deceased, including:

  • preparing petitions to the High Court for the issuance of grants of probate or letters of administrations;
  • resealing of grants of probate;
  • providing assistance in obtaining administration in respect of small estates;
  • rendering advice to executors and administrators of estate in relation to their duties;
  • facilitating asset distribution to beneficiaries;
  • handling disputes related to contested wills/ probate.


TRUST

We advise in all matters related to the establishment of family trust, charitable trusts, foundations and matters involving issues of constructive and resulting trusts.

JUDICIAL REVIEW

It is crucial that decisions made by governmental or public bodies are legal, rational and procedurally fair as these decisions can have a far reaching and significant economic, financial and organisational or personal ramifications. We provide

  • advice to clients to take judicial review proceedings to impugn a decision of a governmental or public body that is flawed by reason of illegality, irrationality, or procedural impropriety and also disproportionality
  • We also provide guidance to regulator or public body facing the scrutiny of judicial review or render advice throughout the decision-making process to ensure that their process or decisions are defensible.

WINDING UP

We provide legal counsel to clients in Bankruptcy and Winding-Up Proceedings.

Our services include

  • issuing a letter of demand to the judgment debtor
  • assisting the client in filing a Fortuna Injunction to restrain the presentation of a winding-up petition.
  • negotiating a settlement.
  • representing and defending clients in bankruptcy and winding-up proceedings.

WILL WRITING

Your will is your solemn declaration of your wishes that when you pass away your estate is managed and distributed according to your intention. A will may also ensure that your loved ones are catered for in a tax-efficient manner if properly planned.

  • We advise and assist clients in drafting a will that adheres to all legal requirements.
  • A will is important because it ensures that your property goes to the people you want it to go to, that inheritance tax is minimised, that you name trusted people as executors to handle your affairs, appoint legal guardians for any minor children, and it enables you to reflect changes in your life circumstances, such as marriage or divorce, or the birth of children or grandchildren.
  • If you die without a will, the law will split your inheritance according to the rules of intestacy, which may not represent how you want your assets distributed.