Frequently Asked Questions

Under the Law Reform (Marriage and Divorce) Act 1976 there are two main routes. A joint petition can be filed where both spouses agree to divorce and to the terms. A single petition can be filed by one spouse where the marriage has broken down irretrievably, for example because of adultery, unreasonable behaviour, desertion or two years' separation. As a general rule, a divorce petition cannot be filed until two years after the marriage, with limited exceptions. Divorces between Muslims are dealt with by the Syariah Courts under separate laws. Naidu Chambers in Bangsar, Kuala Lumpur acts in non-Muslim divorce matters in Peninsular Malaysia.

Under the Limitation Act 1953, claims in contract and in tort must generally be brought within six years from the date the cause of action arose. There are exceptions, including shorter time limits and notice requirements for claims against public authorities under the Public Authorities Protection Act 1948, and special rules for some negligence claims where the damage was not discovered at first. Because the starting date can be technical, a lawyer should confirm the time limit for your situation early.

Yes. Claims against government hospitals and doctors are brought against the Government under the Government Proceedings Act 1956. The Public Authorities Protection Act 1948 sets a shorter time limit and other requirements for claims against public authorities, so early advice is especially important for these claims.

It varies with the court, the complexity of the dispute and whether there are appeals. The courts manage cases actively through case management dates. Some claims can be decided early through summary judgment under Order 14 of the Rules of Court 2012 where there is no real defence; contested trials and appeals take longer. Naidu Chambers gives each client a realistic estimate at the start and updates it as the case develops.

You need to show that the statement was defamatory (it would tend to lower you in the estimation of right-thinking members of society), that it referred to you, and that it was published to at least one person other than you. Defamation in Malaysia is governed by the Defamation Act 1957 and the common law. Naidu Chambers in Bangsar, Kuala Lumpur acts for claimants and defendants in defamation matters in Peninsular Malaysia.

Under section 76 of the Law Reform (Marriage and Divorce) Act 1976, the court can divide assets acquired during the marriage. For assets acquired by the joint efforts of both spouses, the court leans towards equal division. For assets acquired by one spouse's sole effort, the court considers the other spouse's contributions, including looking after the home and family, and the acquiring spouse usually receives the greater share. The court also considers debts, the needs of the children and the other factors set out in the Act.

For diagnosis and treatment, Malaysian courts generally ask whether the doctor acted in a way accepted as proper by a responsible body of medical opinion (the Bolam test), provided that opinion stands up to logical analysis. For advice about the risks of treatment, the Federal Court in Foo Fio Na v Dr Soo Fook Mun (2007) held that the court itself decides whether the patient was properly told of the material risks, following the Australian case Rogers v Whitaker. How these tests apply depends on the facts, and a lawyer will advise on your situation.

Yes. There is no restriction on foreign nationals being plaintiffs in Malaysian civil courts. The Rules of Court 2012 allow for service out of jurisdiction with leave under Order 11. Foreign judgments may be enforced under the Reciprocal Enforcement of Judgments Act 1958 if the foreign court is in the gazetted list.

Under section 346 of the Companies Act 2016, a shareholder may apply to the High Court if the company's affairs are being conducted, or the directors' powers used, in a way that is oppressive to them, disregards their interests, or is unfairly discriminatory or prejudicial to them. If the court agrees, it can make a wide range of orders, including requiring the majority or the company to buy the shareholder's shares, regulating how the company is run, or in some cases winding the company up. Naidu Chambers in Bangsar, Kuala Lumpur acts in shareholder disputes in Peninsular Malaysia.

Damages are categorised as general damages (pain and suffering, loss of amenities) and special damages (medical bills, loss of earnings). Quantum varies by injury severity. The court applies precedent and the Compendium of Personal Injury Awards as a guide.

Yes. Statements on social media, in messaging groups and on websites can be defamatory in the same way as print. Section 114A of the Evidence Act 1950 can help a claimant, because it presumes that the person whose name, account or device appears on a publication is its publisher unless they prove otherwise. Before acting, save copies of the posts, the dates and the account details.

A creditor can sue for the debt. Where a company owes an undisputed debt above the minimum amount set under the Companies Act 2016, the creditor may serve a statutory demand on the company. If the company does not pay, or reach terms, within the time allowed by the Act, the creditor may present a winding-up petition to the High Court. A statutory demand should not be used where the debt is genuinely disputed.

A shareholders agreement is a private contract between owners of a Malaysian company that supplements the constitution. It typically governs decision-making, share transfers, drag-along/tag-along rights, dispute resolution, and exit. Without one, default Companies Act 2016 rules apply, which may not match commercial reality.

Section 28 of the Contracts Act 1950 voids agreements in restraint of trade except in narrow circumstances (sale of goodwill, partnership dissolution). Post-employment non-compete clauses are generally unenforceable in Malaysia, distinguishing it from many other jurisdictions. Confidentiality and non-solicitation may be enforceable if reasonable.

Damages comprise general damages (pain and suffering, loss of amenities, future earning capacity) and special damages (medical expenses, loss of earnings to date, pre-trial losses). The Compendium of Personal Injury Awards is the practitioner's reference.

Judicial management under section 404 of the Companies Act 2016 places a company under independent management for up to 12 months (extendable) to allow restructuring. It is suitable for viable but distressed companies where survival is more valuable than liquidation. A judicial management order shields from creditor action during the period.

Yes, depending on the country. The Reciprocal Enforcement of Judgments Act 1958 covers gazetted countries (UK, Singapore, Hong Kong, India, etc.) where registration is straightforward. For non-gazetted countries, a fresh action on the foreign judgment is required. Time limits and reciprocity rules apply.

A writ of summons is used for matters with substantial factual disputes (Order 5 Rule 2 of the Rules of Court 2012). An originating summons is used for disputes primarily on points of law or construction of documents. Choosing the wrong mode can result in the case being struck out.

Unfair contract clauses can be challenged under common-law principles (fundamental breach, unconscionability), the Consumer Protection Act 1999 (for consumer transactions), or general contract law (mistake, duress, undue influence). The court considers commercial context, bargaining power, and reasonableness.

Yes. Solicitors owe a duty of care to their clients. Common claims include missed limitation periods, failure to advise on key risks, and conflict of interest. The Legal Profession Act 1976 also allows complaints to the Disciplinary Board. Time limits apply, and a lawyer should confirm the time limit for your situation early.

Eviction requires due process. Under the Distress Act 1951, distress for unpaid rent requires a court order. Wrongful eviction (self-help, lockout) can result in damages and injunctions against the landlord. The tenancy agreement and any written notice provisions govern. The Civil Law Act 1956 also applies.

Under section 88 of the Law Reform (Marriage and Divorce) Act 1976, the welfare of the child is the paramount consideration. The court considers the wishes of the parents, the wishes of the child where the child is old enough to express an independent view, and the child's stability, care and education. The court may give custody to one parent or joint custody to both, with care and control and access arrangements set out in the order.

Order 11 of the Rules of Court 2012 governs service out of jurisdiction. Leave is generally required, supported by an affidavit setting out grounds (contract performed in Malaysia, tort committed in Malaysia, etc.). Service may be effected by personal service abroad, postal service, or under the Hague Service Convention if applicable.

Usually a company's debts belong to the company, not to its directors. However, directors can be personally liable in certain cases, including for breach of their duties under the Companies Act 2016 (such as the duty to act in good faith in the company's best interests and the duty of reasonable care), for fraudulent trading, under personal guarantees they have signed, and under some tax and statutory contribution laws.