The Honourable the Chief Justice here by directs that the High Court at Kuala Lumpur
be organised into divisions as follows:
1 Appellate & Special Powers Division;
2. Commercial Division;
3. Family and Property Division;
4. Personal Claims Division; and
5, Criminal Division.
Each Division will be presided over by a judge of the High Court. The divisional structure will be implemented in stages as follows
1 FILING
With effect from 1 June 1979 all papers filed in the High Court Registry shall identify the Division in which the matter is to be dealt with, e.g.:
IN THE HIGH COURT IN MALAYA AT KUALA LUMPUR
(Commercial Division)
2. OPEN COURT APPLICATIONS
With effect from 1 July 1979 all Open Court applications in the Weekly Chambers List will be heard on MONDAYS only from 9.30 a.m. in each of the four Civil Courts. Separate Lists of Cases will be issued weekly by the respective Divisions.
3 JUDGES' CHAMBER DAYS
With effect from 1 July 1979 Chamber Days will be on TUESDAYS, WEDNESDAYS, THURSDAYS and FRIDAYS from 9.30 a.m. Separate Lists of Cases will be issued weekly by the respective Divisions.
4 TRIALS
Cases fixed to, hearing up to end of August 1979 will be heard as fixed With effect from 1 September 1979, however, cases will be fixed for hearing id accordance with matters assigned to each Division.
5. FIXING LISTS
The present system of Fixing Lists and Fixing Days is hereby abolished. Instead, each Division will maintain the following lists with effect from 1 July 1979
1. Short Cause List (not exceeding two hours)
2. Early Trials List; and
3. Long Cause List.
6. DUTY OF SOLICITORS
It will be the duty of Solicitors to enter a cause for trial into one of the Lists and at the same time stating that the
i) Bundle of Pleadings ;
ii) Agreed Bundle of Documents and
Agreed Facts (if any) have been filed.
iii) The estimated length of trial.
7 NOTICE OF TRIAL
If all the requisites mentioned in para 7 have been complied with, the S.A.R. ,will put the case on the appropriate list and issue Notices of Trial after consultation with the judge of the Division. On receipt of the Notice of Trial, Solicitors are expected to inform the S.A.R. within 5 days, of any application for adjournment for good cause, so that the dates vacated can be substituted to, other cases on the list. Cases will be fixed for hearing on a month-to-month basis and the Month y Calendar will continue to be issued.
8 S.A.R.s
A Senior Assistant Registrar has been assigned to each Division. He will be responsible for the running of the Registry of his Division. All matters pertaining to the Division from Filing to Execution will be dealt with by the Division. All chamber matters to be heard by the S.A.R. will be heard by the S.A.R. of the Division and appeals there from will lie before the Divisional Judge.
9. BACKLOG CASES:
All Cases which have been entered on the Fixing Lists issued on 20 October 1978 and 8 March 1979 but not heard by the end of August 1979 or otherwise taken out of the list or not given dates of hearing and all other cases entered for trial up to 30 June 1979 will be dealt with in accordance with the following procedure:
i) The Solicitor shall inform the Registry by ordinary letter that his case was on the aforesaid Fixing List (as item no,,.,) and that no date of hearing was fixed or otherwise taken out of the list.
ii) He should state therein that the requirements of para 7 above have been complied with and indicate the appropriate list his case should be entered and the approximate length of Trial.
iii) All such letters shall state the Division in which the case should be heard and addressed to the S.A.R. of the Division concerned.
iv) On receipt of such letter, the S.A.R. will deal with it in accordance with para 8 above to enable the case to be fixed for hearing from September 1979 onwards.
v) All letters to which this paragraph applies shall reach the Registry not later than 31 July 1979 after which date these transitional arrangements will lapse and fresh Entry for Trial will have to be filed in accordance with paras 7 acid 8 above.
10 THE DIVISIONS
The subject-matters of each Division are as follows:
A. Appellate & Special Powers Division :
i) Appeals from Inferior Tribunals.
ii) Appeals from Subordinate Courts (civil)
iii) Arbitration Case stated etc.
iv) Income Tax Appeals.
v) Injunctions by/against Societies and other organisations.
v) Powers of High Court in respect of statutory professional bodies including the legal Profession Act.
vii) Mandamus.
viii) Prohibition.
ix) Certiorari.
B, Commercial Division
i) Agency.
ii) Bankruptcy.
iii) Banking.
iv) Bills of Exchange.
v) Bills of Lading.
vi) Bills of Sale.
vii) Business Registration.
viii) Carriage of Goods by Sea/Air.
ix) Collisions at Sea.
x) Companies Act, applications etc.
xi) Debentures.
xii) Hire Purchase.
viii) Insurance.
xiv) Merchant Shipping.
xv) Moneylending,
xvi Partnership.
xvii) Sale of Goods.
xvii) Stocks & Shares.
xix) Trade Descriptions.
xx) Trade Marks.
C. Family and Property Division
i) Adoptions.
ii) Guardianship of Infant,.
iii) Maintenance of Wives and Children.
iv) Divorce.
v) Probate and Administration.
vi) Presumption of Death.
vii) Wills.
viii) Trusts.
ix) Agreement for Sale of land/Houses/Buildings.
x) National land Code, matters arising.
xi) Foreclosures, sale of Land.
xii) Land Acquisition Act, references.
xiii) Landlord and Tenant.
xiv) Leases.
xv) Building/Engineering Contracts.
D. Personal Claims Division
i) Contract of Service.
ii) Master and Servant.
iii) Workmen's Compensation.
iv) Defamation. Tons.
vi) Industrial Accidents.
vii) Running Down Cases.
E. Criminal Division
i) Criminal Appeals.
ii) Criminal Applications.
in) Criminal Revisions.
iv) Criminal Trials.
The Registry will furnish further details upon request.
Cancelled by Practice Note 7 of 1986
Sgd. (ABDUL HAMID BIN HAJI MOHAMED)
DEPUTY REGISTRAR.
PEJABAT PENDAFTARAN, MAHKAMAH TINGGI, KUALA LUMPUR.
18HB. MEI, 1979