As civil litigation practitioners going to court day in day out, Rules of Court 2012 is like a bible for us. Amendments are coming soon, so let’s get familiar with the updates so that we advice clients accordingly. The 4 new provisions under the Rules are as follows:
- Proceeding as a pauper
Pauper is a poor person. To sue, defend and continue a proceeding in court as a pauper, he must apply to court for an order to proceed as a pauper and he must affirm that he has property less than RM1000 in value.
No court fees will be charged to a pauper, even any solicitor acting for the pauper cannot take fees, though Court may order payment to the solicitors out of the monies received by pauper if he wins the case. Pauper cannot discharge his solicitor without leave of court and neither can his solicitor discontinue their service without providing reasonable grounds to Court.
2. E-lelong system
E-lelong, an online property auction conducted by courts for sale of foreclosed properties, is now regulated under Order 13A of the ROC. With e-lelong, bidders can bid online instead of showing up in court to bid. User however needs to be registered to use this system.
Court may order that the foreclosed property be sold by way of e-lelong system and give directions to effect sale including uploading of notice of auction in e-lelong website. Under e-lelong system, a 3% of reserve price will be charged as execution fee.
3. Set aside, stay and enforce an adjudication decision (Order 69A)
Sections 15, 16 and 28 of the CIPAA do not state the mode and manner of making an application to the High Court, hence the new Order 69A of ROC to provide for the mode and manner of application.
Setting aside is by way of an originating summons while stay is by way of a notice of application after filing of application to set aside. One may seek to enforce the adjudication decision as a judgement or order with permission of Court by way of an originating summons. Read further details in O69A for what is needed for affidavit in support when making such application.
4. List of exempted laws (Appendix C)
Where legislation provide for specific mode and manner to make an application to court, the general rules contained in the Rules of Court do not apply.
Under the amended rules, there are 15 types of proceedings governed under specific written law, for example, matrimonial proceedings are governed under Law Reform (Marriage & Divorce) Act 1976. Mode and manner of proceedings are contained the Act and its Rules.