The Malaysian judiciary has been actively taking steps to facilitate hearings through online channels by introducing a raft of measures since the implementation of the first phase of the Movement Control Order (‘MCO’) by the Malaysian Government to contain the coronavirus outbreak.
[1]
The most-recent measures are set out in a
circular issued by the Chief Registrar of the Federal Court to the Malaysian Bar Council on 24 April 2020 on the type of proceedings which can be heard online during the MCO as well as the manner in which these proceedings are to be carried out.
Types of proceedings
Effective 4 May 2020, parties in civil cases can apply for online hearings at the Federal Court and Court of Appeal. For proceedings in the High Court and Subordinate Court,
ex-parte or
inter partes applications must be filed together with certificate of urgency.
For the High Court of Malaya, there are additional proceedings which can be heard online commencing 4 May 2020. These proceedings are interlocutory appeal hearings, uncontested interlocutory applications
[2] (including, amongst others, hearing of interlocutory appeals, applications for amendment of pleadings,
ad interim injunctions, striking out applications, judicial review, leave to enforce judgment, registration of charge under the Companies Act 2016 and warrant for arrest of vessel), contested interlocutory applications which are brief and short, and appeals to the Judge in Chambers from the decision of the deputy registrar or senior assistant registrar. Parties may also apply for delivery of post-trial decision and mediation to be heard online.
Guide on Conduct of Proceedings by Video Conference
The Chief Registrar has also issued a Guide on Conduct of Proceedings by Video Conference which sets out details on the manner in which proceedings are to be conducted, as well as the technical specifications (hardware, software and internet bandwidth requirements) for the conduct of video conferencing.
It is pertinent to note that –
As can be seen from the above, the MCO has stepped up the move by the judiciary to put in place measures that will enable hearings to proceed while safeguarding the health and safety of officers of the courts and practitioners against the spread of Covid-19.