Circular No 029/2012 Dated 20 Feb 2012
To all Members of the Malaysian Bar
New Ruling Made Under Section 57(a) of the Legal Profession Act 1976: Service of Written Submission
Pursuant to section 57(a) of the Legal Profession Act 1976, Bar Council, at its recent meeting, decided to enforce the following new ruling:
Bar Council Ruling 11.09: Service of Written Submission
(1) Except where a solicitor is acting ex-parte, and the solicitor files/tenders any written submission in court, he/she shall serve a copy of the same on the other solicitor at the same time notwithstanding the absence of any such direction by the court.
(2) Nothing in this Ruling affects the general discretion of the court, tribunal or other body to deal with matters relating to exchange of submission including making orders on adjournment or costs.
The rationale for the abovementioned ruling is as follows:
The existing Bar Council Ruling 11.05 requires the exchange of authorities by solicitors and this new ruling fills a lacuna. The Bar Council Ruling 11.09 is also necessary to avoid any element of surprise and unfair advantage in favour of any solicitor. There should be transparency among Members of the Bar in respect of all documents filed or tendered in court.
Please be informed that the ruling will take effect immediately.
Please do not hesitate to contact Christina Gomez by telephone at 03-2050 2087, or by email at christina@malaysianbar.org.my, should you have any queries.
Thank you.
Tony Woon Yeow Thong
Secretary
Malaysian Bar
This circular may also be accessed
here.