FLTC Law Firm Practice Areas in Malaysia
Browse our legal practice areas to learn how we can assist with your legal needs.
Dispute Resolution
An accident claim can be made against an insurance company or the party responsible for causing injury or damage arising from a motor vehicle accident. Compensation is generally awarded in the form of monetary damages, depending on the circumstances of the case.
Arbitration is a formal dispute resolution process in which one or more arbitrators are appointed by the parties to hear and determine a dispute outside of the court system, often avoiding the need for court proceedings.
Breach of contract is a legal cause of action which arises when one or more parties to a contract fails to perform its obligations under the agreement or interferes with the other party’s ability to perform its obligations. The affected party may be entitled to seek legal remedies, including damages or specific performance.
Civil litigation involves resolving non-criminal disputes through the court system. When two or more parties are unable to resolve a non-criminal dispute, the matter may be brought before the court, where one party seeks legal remedies such as compensation or other forms of relief from the other party.
Debt recovery is a service whereby creditor appoints third party in collecting an unpaid or long overdue loan or outstanding balance on behalf. In simple terms, it means initiating legal action to recover debts / monies from individual / company if they refuse or delay payment of debt.
Defamation (also known as calumny, vilification, libel, slander, or traducement) is the act of making or publishing a false statement that damages another person’s reputation. While defamation is primarily a civil wrong (tort), certain forms of defamatory conduct may also give rise to criminal liability.
The branch of law that regulates the rights and obligations of employer and employee is known as employment law. This domain encompasses both state and federal legislation and covers various aspects of employment relationship, including hiring, terms of employment, workplace rights, disciplinary matters, and termination, with the aim of promoting fair and lawful employment practices while safeguarding workers’ rights.
A “land dispute” is a quarrel between two or more parties over land rights, such as ownership, possession, boundaries, use, or other rights that is centered on a specific piece of land. Land conflicts may or may not be indicative of a larger land war. Therefore, these disputes are commonly resolved through legal proceedings or alternative dispute resolution mechanisms.
Property damage is described as harm done to someone’s property as a consequence of someone else’s carelessness, purposeful destruction of that person’s property, or a natural disaster. Flooding induced by a storm is an example of natural disaster property damage. Such damage may affect real property, personal property, vehicles, buildings, or other assets, and may give rise to a claim of compensation for the loss suffered.
A tenancy dispute arises when a tenant or landlord fails to comply with/violates the terms of a tenancy agreement. The affected party may seek legal remedies through civil proceedings, including claims for damages or enforcement of contractual obligations. Such disputes are generally civil in nature and do not constitute criminal offences.
Family Law
The process of ending a marriage or marital partnership is known as divorce. Divorce typically means the cancellation or reorganization of the legal duties and responsibilities of marriage, thus severing the bonds of matrimony between a married couple under the law of the nation or state in question.
Description
Generally, there are two types of divorce for non-Muslims, which are Joint Petition Divorce and Single Petition Divorce.
Joint Petition Divorce (s.52 Law Reform (Marriage & Divorce) Act 1950)
Joint Petition means both husband and wife (have been married for at least 2 years) mutually agree to dissolve the marriage and have reached an agreement on all related matters, such as custody, care, and control of children, spouse maintenance, children maintenance, division of matrimonial assets etc. Once the terms have been agreed upon, a Joint Petition is prepared, signed by both parties, and filed in the High Court for approval.
Single Petition Divorce (s.50 Law Reform (Marriage & Divorce) Act 1950)
Another type of divorce is the Single Petition divorce, or you may call it the contested divorce, is filed when the spouses are unable to agree on the divorce or its terms (contested), unlike Joint Petition where both parties agreed to all the terms of divorce. In such cases, either spouse may commence divorce proceedings without the consent of the other. The requirements to file for a Single Petition can be found in s.50 of the act in order words, one can only file for Single Petition after 2 years of marriage and according to s.53 of the act.
For non-Muslims, an application to adopt a child may be made under the Adoption Act 1952. In considering the application, the Court’s paramount consideration is the welfare and best interests of the child. The Court will assess all relevant circumstances before determining whether the proposed adoption is in the child’s best interests.
Child custody refers to the legal rights and responsibilities of a parent or guardian in relation to the care, upbringing, and welfare of a child. Custody arrangements generally encompass both the authority to make important decisions concerning the child’s education, healthcare, and welfare (legal custody), as well as the responsibility for the child’s day-to-day care and living arrangements (physical custody).
A Grant of Probate is granted to the executor(s) appointed under a valid Will to administer the deceased’s estate. If a person dies without a Will, a Grant of Letters of Administration may be issued to the next of kin or other eligible person to manage and distribute the estate. Check out our probate and admistration service here.
A Will is a legal document that specifies how a person’s assets and estate are to be distributed upon death. It also allows the person making the Will (the testator) to appoint an executor to administer the estate and carry out the testator’s wishes as to who will inherit his or her property and assets after his passing.
Real Estate Law
A Sale and Purchase Agreement (SPA) is a legally binding contract between a buyer and a seller that sets out the terms and conditions of a transaction. It outlines the key terms of the transaction, including the purchase price, description of the property, completion period, payment terms, respective rights and obligations of the buyer and seller, and whether the buyer’s purchase is contingent upon the successful sale of another property.
A Memorandum of Transfer (MOT) is a legal instrument used to transfer ownership of a property from one party to another. Upon registration at the relevant Land Office or Land Registry, the MOT records the change of ownership and enables the purchaser to be registered as the new proprietor of the property. The MOT is commonly used in both direct transfers from developers to purchasers and sub-sale transactions involving transfers from an existing owner to a purchaser.
Following the acceptance and signing of the Letter of Offer, the financier’s solicitors will be appointed to prepare the necessary loan and security documentation for execution by the borrower. These documents are intended to secure the financier’s interests and may include the Facility Agreement, Charge, Deed of Assignment, and Power of Attorney, depending on the nature of the transaction.
A lease is a legal agreement under which a property owner (lessor) grants another party (lessee) the right to occupy and use a property for a specified period in exchange for the payment of rent. A lease agreement outlines the terms and conditions governing the rights and obligations of the lessor and lessee, including the lease term, rental payments, and conditions governing the use of the property.
A Tenancy Agreement is a legal agreement between a landlord and a tenant that sets out the terms and conditions governing the tenancy. It defines the rights, responsibilities, and obligations of both parties, including matters relating to rent, duration of the tenancy, use of the premises, maintenance obligations, and termination of the tenancy. The agreement may also include an inventory of the property’s fixtures, fittings, furnishings, and other items provided by the landlord.
A periodic tenancy may arise when a tenant remains in occupation of the premises after the expiry of the tenancy term without entering into a renewal or new tenancy agreement. In such circumstances, the tenancy may continue on a periodic basis, subject to the terms and conditions of the original tenancy agreement and the applicable law. Unless otherwise agreed, the tenant remains responsible for complying with the terms of the tenancy, including the payment of rent.
Commercial Law
A business contract is a legally binding agreement between two or more parties that sets out their respective rights, obligations, and responsibilities in relation to a commercial transaction. Such agreements may involve the supply of goods, provision of services, payment of money, or other business arrangements. A well-drafted contract provides clarity, manages risks, protects the interests of all parties involved, and minimise potential disputes.
A Joint Venture Agreement is a legal agreement between two or more parties to collaborate on a specific business venture or project. It defines the parties’ respective roles, responsibilities, contributions, rights, and obligations, while establishing the framework for achieving the joint venture’s objectives. Details such as venture members, member roles, venture goals, and the duration of the joint venture should all be included in a finished Joint Venture agreement.
A Licensing Agreement is a legally binding agreement between a licensor and a licensee, under which the licensor grants the licensee the right to use, exploit, or commercialise certain intellectual property rights. These rights may include trademarks, copyrights, patents, technology, software, know-how, or other proprietary assets controlled by the licensor under a licensing agreement. The agreement defines the scope of the license and the respective rights and obligations of the parties.
A Power of Attorney is a legal document that authorises a person (the Donee) to act on behalf of another person (the Donor) in respect of specified matters or transactions. The document clearly sets out the appointment of Donee, the powers granted and the extent of the Donee’s authority to act on the Donor’s behalf.
An Agreement for Sale and Purchase is a legally binding contract between a seller and a buyer for the sale and purchase of a property. The agreement sets out the terms and conditions of the transaction, including the purchase price, payment obligations, completion period, and the respective rights and responsibilities of the parties.
Once the buyer made an irreversible offer within the time frame stipulated by the buyer, and the seller accepts the offer without making any counter-offer, a binding agreement is formed between the parties. Upon execution of the Agreement for Sale and Purchase, the parties are legally bound by its terms and are required to fulfil their contractual obligations.
Any variation, termination, or cancellation of the agreement is generally subject to the terms of the agreement or the mutual consent of the parties, unless otherwise provided by law.
A Shareholder Agreement is a legal agreement governing the relationship between the shareholders of a company. It sets out their rights and obligations and provides a framework for the management of the company, including provisions on decision-making, share transfers, shareholder exits, dispute resolution, and other matters affecting ownership and control, including scenarios where a shareholder exits (whether voluntarily or unwillingly) or the company ceases operations.