Till Death Do Us Part CÊđÊٗ› HÊ㛽, K烽ƒ LçÃÖçÙ

Transcription

Till Death Do Us Part CÊđÊٗ› HÊ㛽, K烽ƒ LçÃÖçÙ
Till Death Do Us Part
OR I will Take You To The Cleaner
φϋ NÊò›Ã›Ù φτυψ | ύ:ττ Aà – ϊ:ττ PÃ
CÊđÊٗ› HÊ㛽, K烽ƒ LçÃÖçÙ
7 CPD
points
CPD Code: T2/27112014/CCPLP/KL141222/7
RM980
Early bird 2014
ovember
N
8
1
y
b
r
te
Regis
Organised by
Legal Plus Sdn Bhd
in collaboration with The Honourable Society of the Inner Temple, London
The Honourable Society of Lincoln's Inn Alumni Association of Malaysia and the Malaysia Inner Temple Association
Overview
Till death do us part OR I will take you to the cleaner
People (Muslim and Non Muslim) marry for love but when it
ends in a divorce, despite washing dirty linens in public,
parties will have to deal with the properties acquired during
the marriage (and in some cases before), the maintenance
of a spouse and children. This may not be restricted to
domestic jurisdiction when a spouse makes an application
in a foreign country where properties considered
matrimonial assets are located. Then, there may be a need
to trace these assets.
In the case of death though certain the timing is not.
Hence, it is important that proper planning and
arrangement should be made to prevent any dispute from
occurring when death eventually happens.
These questions are close to our hearts, or in some cases
pointed at our hearts: Whether as husband or wife, parent,
children or grandparents, there are occasions where we
have to deal with or advise our loved ones, on these issues.
For many death or divorce is not the end but the beginning
of a new set of problems for their loved ones. The aftermath
of which can be painful and costly if one is not equipped
with the necessary knowledge to cope with the situation.
In this seminar, the speakers shall give you an overview of
the parties rights and obligations arising from any dispute in
the case of divorce and death.
Seminar organised by Legal Plus Sdn Bhd in collaboration
with The Honourable Society of the Inner Temple, London,
The Honourable Society of Lincoln’s Inn Alumni Association
of Malaysia and the Malaysia Inner Temple Association.
Programme
Thursday 27 November 2014
8:00 am
Registration
9:00 am
Prenuptial Agreement: To Have or
Not to Have
1:30 pm
Speaker: Mr. James Turner QC, London
Speaker: Ms. Malathi Das, Past President,
Law Association for Asia and the Pacific
3:00 pm
10:00 am
One World, but Many Jurisdictions:
Cross-Border Disputes and how the
Jurisdiction of the Family Courts in England
Could Affect You
Division & Entitlement of Assets:
Is the Wife worse off in Malaysia
Succession and Inheritance Rights
Speaker: Mr. Caesar Loong, Advocate &
Solicitor, Malaya
Speaker: Ms. Y. N Foo, Advocate & Solicitor,
Malaya
4:00 pm
Tea Break
11:00 am
Coffee Break
4:30 pm
Custody to Husband, Maintenance by Wife
a myth?
11:30 am
Division & Entitlement of Assets:
The Syariah Perspective
Speaker: Mr. Kan Weng Hin, Advocate &
Solicitor, Malaya
Speaker: Dr. Mohd. Naim Mokhtar, Director,
Family Support Division, Department of Syariah
Judiciary, Malaysia and Syariah High Court
Judge, Selangor
Chairman of Session: YABhg Tan Sri James
Foong, Retired Federal Court Judge, Malaysia.
5:30 pm
Chairman of Session: YABhg Tun Zaki Azmi,
Retired Chief Justice, Malaysia
12:30 pm
Lunch
Tracing of Matrimonal Assets in Malaysia
and Abroad
Speaker: Ms. Kiran Dhaliwal, Advocate &
Solicitor, Malaya
Chairman of Session: Justice YA Tan Sri
Mohamed Apandi Ali, Federal Court Judge
and President of Malaysia Inner Temple Alumni
Association.
SPEAKERS
James Turner QC
James Turner QC has practised from 1
King’s Bench Walk since 1976 when he was
called to the Bar. He has a wide and varied
practice that encompasses all areas of family
law. He has appeared in over 150 reported
cases, including a number of cases in each
of his major fields of practice in the House of
Lords or Privy Council.
He took silk in 1998 and is a Master of the Bench of the Inner
Temple. He is recommended in both the Legal 500 and
Chambers & Partners Directory as a Leading Silk in Family
work.
3)
Shamala a/p Sathiyaseelan v Dr Jeyganesh
Mogarajah
8. On Working Committee of joint Bar Council/Attorney
General Chambers to reform the Malaysian Law Reform
(Marriage & Divorce) Act 1976
9. Was an Examiner for the Certificate of Legal Practice
(CLP) Examination Board for entrance into Malaysian
Bar.
10. Contributed together with Kiran Dhaliwal to a chapter on
Malaysian Family Law in the second edition of Family
Law Jurisdictional Comparisons under the European
Lawyer Reference Series.
Loong Caesar
Within Family Law he has particular expertise in high net
worth financial ancillary relief work (he appeared in the House
of Lords in both White v White and Miller v Miller), with his
cases often involving trusts, corporate law, and tax (such as
the Imerman/Tzchenguiz matter), and international
jurisdictional issues (such as Mittal v. Mittal). He has also
appeared in financial ancillary relief cases in the Grand Court
of the Cayman Islands and is instructed in such matters from
Hong Kong and Jersey. Additionally, he has considerable
experience in complex international child abduction cases,
with six appearances in that field in the House of
Lords/Supreme Court, the most recent of which are A. v. A.
[2014] and In Re LC (Children) [2014]. He has appeared as
a speaker on family law issues at Conferences in England
and Bermuda.
Y. N. Foo
Graduated from the University of Kent, UK
with (B.A (Law) Honours in 1979. Was called
to the English Bar on 27th July 1980, and to
the Malaysian Bar on 17th August 1982. After
admission to the Malaysian Bar, worked in a
leading law firm, Messrs Shearn Delamore in
Kuala Lumpur practising in civil litigation and
family law and was eventually made partner. In
1996, she left to start her own law firm, Messrs Y. N. Foo &
Partners practising principally in the area of family law. She
has been in legal practice for 32 years.
Previously delivered papers on family law inter alia at:1.
2.
3.
4.
5.
6.
7.
World Congress on Family Law on The Rights of
Children, Sydney, 1993
14th LAWASIA Conference, Beijing, 1995
LAWASIA Conference on Children’s Rights, Kuala
Lumpur, 1995
11th Malaysian Law Conference 2001
20th Biennial LAWASIA Conference 2007 in Hong Kong.
Children & The Law Conferences in 2005 & 2009
organised by the Law Society of Singapore in
Singapore.
Appeared on a number of occasions as amicus curiae
on behalf of the Malaysian Bar Council on a number of
landmark cases in family law including:1) Chai Siew Yin v Leong Wee Sheng (Federal Court)
2) Subashini a/p Rajasingam v Saravanan (in the
Court of Appeal)
Loong Caesar is a senior corporate lawyer
with extensive experience in trusts and
succession. He has rendered advice,
assisted in planning and the drawing up of
documents relating to the area of the the
Law. He has also given talks and participated
in public discussion on this subject.
He attended school at Singapore’s Raffles Institution, and
from there proceeded to the London School of Economics
and Political Science for a first degree in Laws. He was
subsequently admitted to Caius College, Cambridge
University where he attained a Masters in law degree. He has
been appointed to the Court of Benefactors and the Stephen
Hawking Circle of Caius College, Cambridge for his fund
raising efforts in respect of the Tun Suffian Lectureship.
Loong Caesar is a former partner of Lee Hishammuddin Allen
& Gledhill and is presently the Managing Partner of Raslan
Loong which he founded in 1995.
He has written numerous articles on law and society for
various journals and publications and was a guest columnist
for the New Sunday Times for over 5 years.
Dr. Hj. Mohd. Na’im Hj. Mokhtar
Dr. Hj. Mohd. Na’im Hj. Mokhtar, is currently
The Director of Family Support Division at the
Department of Islamic Judiciary Malaysia and
A Syariah High Court Judge for the state of
Selangor in Malaysia. He was chosen and
served as Malaysian Cheavening Visiting
Fellow at Oxford Centre For Islamic
Studies,Oxford University,United Kingdom for
2008/2009.He has also been appointed as Visiting Fellow at
Harvard Law School,Harvard University,USA from Feb 2013
until May 2013.Apart from these Dr Mohd Na’im has been
appointed as External Examiner for PhD candidates of
International Islamic University, MARA University Technology
(UITM) and National University of Malaysia(UKM) and Malaysia
Multimedia University(MMU).
He graduated with a Bachelor of Laws (LLB) from International
Islamic University, Malaysia (U.I.A.M). He also obtained a
Masters in Laws (LLM) degree from University of
London,United Kingdom, a Diploma in Syariah Law and
Practice from U.I.A.M, a Diploma in Administration and Islamic
Judiciary from U.I.A.M. and a Doctor of Philosophy (PhD) in
Syariah fromNational University of Malaysiaa (U.K.M).
He started his career as a Law Lecturer at I.I.U.M from 1990
to 1997. He then became a Syarie Lawyer for Negeri
Sembilan, Malacca and Federal Territories and Advocate &
Solicitor Malaya in 1997 to 1998. In 1998, he was appointed
as Judge for Syariah Court of Petaling Jaya until 2001. He
was also a Judge for Syariah Court of Federal Territory, Kuala
Lumpur from 2001 until 2003. In 2003, he was appointed by
the Department of Syariah Judiciary Malaysia as a research
officer until 2005. He was also a visiting lecturer at U.K.M and
I.I.U.M in 2003 until 2008.He also served as Senior Syariah
Prosecutor at The Federal Territories Religious Department
between 2007-2008.
Malathi Das
Malathi Das heads the litigation and dispute
resolution department of Singapore boutique
law firm, M/s Joyce A Tan & Partners. She
has a special interest in cross-border
disputes involving family and children issues,
and access to an experienced and
impressive network of international family
practitioners.
She is Immediate Past President of LAWASIA and was its first
woman President in its 46-year history. LAWASIA has a strong
Asia-Pacific focus on issues concerning the legal profession,
business and human rights. She is Vice-chair of the
International Bar Association (IBA) Access to Justice
Committee.
Malathi is a Senior Teaching Fellow and co-ordinates the
post-graduate Family Practice module at the Singapore
Institute of Legal Education (SILE) for the Singapore Bar
Examinations. She sits on the Institute of Technical
Education’s (ITE) Board of Governors.
She is President of the Singapore Council of Women’s
Organisations (SCWO), the co-ordinating Council for 56
women organisations with a combined outreach of over
700,000.
Malathi, who actively participates in civil society, represented
SCWO at the United Nations CEDAW meeting held in New
York in July 2011 and attended the APEC Women in the
Economy Forum in St Petersburg, Russia in June 2012 as
part of the Singapore delegation. She has also been
Singapore’s Civil Society Organisation representative at the
ASEAN Intergovernmental Human Right’s Commission’s
(AICHR) workshops on the Universal Periodic Review and
AICHR’s Terms of Reference. As LAWASIA President, she has
attended and spoken at the United Nation’s Forum on
Business and Human Rights.
She has written and spoken on CEDAW, MDG, Violence
Against Women, Trafficking and related issues and is a vocal
advocate for changes to legislation on family justice and the
establishment of improved support systems for divorced
families. She was recently appointed to the Central Provident
Fund’s (CPF) Advisory Panel. She also sits on the panel of
Child Representatives of the Family Justice Courts of
Singapore. She has written extensively on family and children
law issues, and authored the Chapters on Divorce and
Central Provident Fund Issues in `The Art of Family Lawyering’
(2005), a publication of the Law Society of Singapore.
Kan Weng Hin
Kan Weng Hin is a senior member of the Bar,
having accumulated over 29 years of
practice in law. He practices in civil litigation
which focuses extensively in all aspect of
family law. Kan has acted as counsel at all
levels throughout the country. He has served
as a Committee Member in the Family Law
Committee of the Bar Council for numerous
years.
Kan read law in the University of Canterbury, New Zealand
and was admitted as a Barrister and Solicitor of the High Court
of New Zealand in 1985. He was also admitted as an
Advocate and Solicitor of the High Court of Malaya in April
1986 and commenced practice in Malaysia. Subsequently,
Kan was also admitted to the New Zealand Law Society in
1990 and had practised as a Barrister and Solicitor in the
chambers of Messrs Morgan Coakle, Ryan and Bietre in
Auckland, New Zealand.
Kiran Dhaliwal
Kiran Dhaliwal graduated from the University
of Leicester, UK LLB (Hons) and was called
to the English Bar as a member of the
Honourable Society of the Middle Temple.
Kiran then returned to Malaysia and was
called to the Malaysian Bar in January 1991.
Kiran initially practiced in various areas of law
but since joining Messrs Y. N. Foo & Partners in 1996, she
has been practicing predominantly in the area of matrimonial
law. From her involvement in this area, she had developed an
interest in counseling and had attended the Masters of
Counseling at the University of Malaya. Kiran has been
involved with working with women in need of protection
through the Women’s Aid Organisation (WAO), as well as with
AWAM. Kiran is now a partner at Messrs Y. N. Foo & Partners.
Kiran is a Committee Member Family Law Committee of the
Bar Council of Malaysia and an Executive Committee Member
of the Association of Women Lawyers, Malaysia;
Apart from delivering papers on family law in various events,
Kiran has also contributed together with Ms. Y.N. Foo to a
chapter on Malaysian Family Law in the second edition of
Family Law Jurisdictional Comparisons under the European
Lawyer Reference Series.
Till Death Do Us Part
OR I will Take You To The Cleaner
φϋ NÊò›Ã›Ù φτυψ | ύ:ττ Aà – ϊ:ττ PÃ
CÊđÊٗ› HÊ㛽, K烽ƒ LçÃÖçÙ
REGISTRATION FORM
CPD Code: T2/27112014/CCPLP/KL141222/7
7 CPD
points
Each form is valid for one delegate only. Use only capital letters.
Fax completed forms to +603-6203 1627 or by e-mail to Ms Lai; [email protected]
Title (Mr / Ms / Dr / Other)
Full Name (as in Passport / Identity Card)
...................................................
.....................................................................................................................................................................
Preferred Name for Name Tag
.....................................................................................................................................................................
Institution / Company: ........................................................................................................................................................................................
Please check the appropriate category:
 Practising Lawyer
 Judge / Magistrate
 Professional Association
Address: .............................................................................................................................................................................................................
Postcode: .................................
State: .............................................................
Telephone: ..........................................
Country: ....................................................................
Mobile Phone: ............................................
Fax: ..................................................................
E-mail: ........................................................................................................................................
Registration Fees
Early bird | RM980
After 18 November | RM1,080
Payment must be made in advance of the seminar. Payment can be made by cheque, bank draft, bank transfer or credit card.
Cheques and bank drafts should be made payable to “Legal Plus Sdn Bhd”.
Bank Address:
Account No:
SWIFT Code No:
AmBank (M) Berhad
No. 2 & 4, Jalan 23/70A
Desa Sri Hartamas
50480 Kuala Lumpur
888-100-471542-6
ARBKMYKL
Please fax or e-mail a copy of the bank transfer documentation to us for verification. Please note that all bank
charges are to be borne by the delegate.
Signature
Legal Plus Sdn Bhd (1105480-U), M-3-5 Plaza Damas, No 60, Jalan Sri Hartamas 1, 50480 Kuala Lumpur.
Tel: +603-6203 2753 Fax: +603-6203 1627 Email: [email protected]
Personal Data Notice
With the implementation of the Personal Data Protection Act 2010
(“PDPA”), which came into force on 15th November 2013, Legal Plus Sdn
Bhd (“us” or “we”) wish to assure you that we take your privacy seriously
and are committed to the protection of your personal data and privacy.
(k) other reasons that are required or permitted under the PDPA or other
applicable laws.
This Personal Data Notice (“Notice”) is issued pursuant to the
requirements of the Personal Data Protection Act 2010 (“PDPA”).
1. Generally, the personal data that we collect comes directly from you.
For instance, when you contact or register with us (whether online or
otherwise) or when you respond to communications from us or the
Group or enter into any transactions with us.
By registering your interest with us or by transacting or interacting with us
either at our events, conferences, talks or otherwise, you consent to the
collection, processing, use, disclosure and retention (collectively
“processing”) of your Personal Data by us and our group of companies
(“the Group”) and all persons involved in the provision of products or
services by us.
C. SOURCE OF PERSONAL DATA
2. Apart from information provided by you, we may obtain Personal Data
on you from various reference checks, background checks or from the
various governmental authorities or publicly available sources.
D. DISCLOSURE AND TRANSFER OF PERSONAL DATA
A. COLLECTION OF PERSONAL DATA
1. “Your Personal Data” which we process may include information
which you have previously provided us with or may subsequently
provide to us, concerning your personal details (such as name, marital
status, gender, date of birth, contact details (such as address, email,
phone numbers), occupation details (such as job title) and such other
personal information that we may process from time to time.
2. The provision of your Personal Data is voluntary. However, failure to
supply such data may result in us being unable to provide the services
you require.
1. In certain circumstances, we may need to disclose, process and/or
transfer your Personal Data for the purposes listed in Section B above.
Where we do so, we would merely disclose Personal Data that is
necessary for the purpose of such disclosure.
2. You acknowledge and consent to the disclosure, processing and/or
transfer of your Personal Data to any of the following categories of
persons or entities (whether located within or outside Malaysia) for any
of the purposes listed in Section B above:
3. You acknowledge and consent to our processing of your Personal
Data for the purposes listed out in Section B below.
(a) any Group companies, including all related companies,
subsidiaries, holding companies and associated companies of
Legal Plus Sdn Bhd, our affiliates, licensees and joint venture
partners;
4. You are entitled to withdraw your consent to the processing of your
Personal Data at any point in time by notifying us in accordance with
Section E below. However, please note that notwithstanding the
withdrawal of your consent, we may still proceed to process your
Personal Data in circumstances recognized and permitted by law.
(b) any body or person to whom we are compelled or required to do
so under any laws or in response to any competent or
government, state, provincial, local government, statutory or
municipal authority, industry regulators, law enforcement authority,
agency or body; and
B. PURPOSES OF PROCESSING
(c) our sub-contractors and service or product providers in
connection with our products or services.
We may process your Personal Data for any of the following purposes:
E. ACCESS AND INQUIRIES
(a) to process your transactions and provide services and facilities to you
from time to time, including to facilitate payments and delivery of
goods and services;
(b) to provide you with marketing, advertising and promotional
information, materials and/or documents relating to products and/or
services that we and/or the Group may be selling, marketing, offering
or promoting, whether such products or services exist now or are
created in the future;
1. Subject to any exceptions under applicable laws, you may at any time
hereafter make a written request for access to, or for correction or
rectification of your Personal Data or limit the processing of your
Personal Data by contacting:
Legal Plus Sdn Bhd
M-3-5, Plaza Damas
No. 60, Jalan Sri Hartamas 1
50480 Kuala Lumpur
Office No.: +603 6203 2753
Fax No.: +603 6203 1627
Email: [email protected]
(c) our internal record keeping, maintenance and updating of any
information database(s), customer service related matters and other
administrative purposes;
(d) to manage our relationship with you;
(e) to communicate with you, including responding to your inquiries;
(f)
to comply with, any legal or regulatory requirements or as required or
permitted under any laws, rules, regulations, court orders, by-laws,
guidelines, circulars or codes (collectively “laws”) applicable to us or
any member companies of the Group;
2. In respect of your right to access and/or correct your Personal Data,
we have the right to refuse your request to access and/or make any
correction to your Personal Data for the reasons permitted under the
applicable laws, such as where the expense of providing access to
you is disproportionate to the risks to your privacy.
3. It is important that your Personal Data is kept up-to-date. Should there
be any changes to your Personal Data, kindly update the same with us
as soon as possible so that we may update our records.
(g) to update you on our products and services from time to time;
F.
(h) to process any applications or requests for new services and/or
products made by you;
(i)
to enforce our legal and/or contractual rights against you;
(j)
for any other purpose that is incidental or ancillary to the above
purposes; and
GENERAL
1. This Notice may be updated from time to time without prior notice to
you. By continuing to communicate with us or by continuing to use our
services following modifications, updates or amendments to this
Notice, this shall signify your acceptance of such modification,
updates or amendments.
2. In the event of any inconsistency or conflict between the English
language version and the Malay language version of this Personal Data
Notice, the English language version shall prevail.