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KUALA LUMPUR, Thurs: The High Court here today has fixed December 12 this year as the next mention date for the suit brought by lawyer Abdul Razak Bin Hashim to declare the Solicitors' Remuneration (Enforcement) Rules 2004 ("SRER") null and void.

The plaintiff was represented by Louis Edward Van Buerle whilst Nahendran Navaratnam and Gopal Sreenevasan represented the Malaysian Bar, the defendant, in the proceedings this morning.

Earlier, both the plaintiff and the defendant have filed their written submissions. However, this morning, counsel Van Buerle informed Justice Wan Afrah bt. Wan Ibrahim of the Appellate and Special Powers Division of the High Court that his client wished to amend the originating summons to include issues raised in the plaintiff's written submission which the defendant had said in its reply that the same were not covered by the originating summons.

The learned judge then directed the plaintiff to file his application to amend the summons and accordingly fixed the matter for further mention on December 12. The learned judge also indicated that she would henceforth only hear oral submission by the counsel.

In his originating summons filed in June this year, the plaintiff has also sought the following orders:

• a declaration that item 3 of Circular No. 62/2004 issued by the Bar Council titled "Bar Council Guidelines on Waiver of Fees in Conveyancing Matters" is contrary to Rule 52(c) of the Legal Profession (Practice and Etiquette) Rules 1978 and is not  binding on members of the Malaysian Bar.

• a declaration that members of the Malaysian Bar are allowed to waive fees in non contentious matters at their sole discretion subject to Rule 52(c) of the Legal Profession (Practice and Etiquette) Rules 1978 or any other rule made under section 77 of the Legal Profession Act,1976.

• no order as to costs.

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