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Author: Ivan Aaron Francis

Ivan is a legal caterpillar based in the busy concrete jungle of the Peninsular. Though in the midst of ‘metamorphosis’, he is eager to develop his skill set and knowledge before spreading his wings to fly alongside his brethren of the law.

What You Need To Know As A Home Buyer When Purchasing Property From Housing Developers

Posted on February 3, 2021February 3, 2021 by Ivan Aaron Francis

Despite the many housing schemes and initiatives to encourage people to purchase their first home property, property overhang still plagues the country. As working-from-home becomes the new norm for most, working space at home becomes more important.

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Sexual Harassment: Duty Of Employers, Policies & Legal Recourse For Employees

Posted on January 26, 2021January 26, 2021 by Ivan Aaron Francis

Sexual harassment in the workplace is nothing new, and as I write this article I feel as if I may be beating a dead horse. Though this area has been extensively discussed, I will do my best to not only discuss the legal aspects of it, but also offer practical solutions to both employers and employees.

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The Erinford Injunction: Maintaining Status Quo Pending Appeal

Posted on December 22, 2020December 22, 2020 by Ivan Aaron Francis

With knowledge at our very finger tips (and phones), most people understand that an injunction is a court order obtained to compel or restrain someone or something for a temporary or indefinite duration. The most notable injunctions include your freezing orders, search orders, fortuna injunctions and the ordinary interlocutory injunction. The Erinford Injunction, however, is the rarer breed worth noting.

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The Corporate Vigilante: How Can I Take Legal Action for Wrongdoings Committed Against A Company?

Posted on November 3, 2020November 3, 2020 by Ivan Aaron Francis

A company moves according to what its Board decides. Internal management of a company differs widely and the Courts have made it clear that it will not meddle with the internal management of a company. Companies, like every other entity, is liable to suffer damage and loss. The question arises as to what happens when the Board fails or neglects to seek recourse when a company suffers such damage?

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Can Lawyers Affirm Affidavits On Behalf of Their Clients?

Posted on July 20, 2020July 20, 2020 by Ivan Aaron Francis

In the age of digitalisation, where communication is transmitted with ease and speed, one would think that obtaining client’s instructions is of no issue. However the practice of requiring clients to physically affirm affidavits is an inefficient use of time, given that confirmation of the facts deposed therein can be done digitally. The Covid-19 pandemic…

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The Enforcer: Seizing & Selling Property to Satisfy Your Judgment (Part 1)

Posted on July 7, 2020July 7, 2020 by Ivan Aaron Francis

You managed to obtain a monetary judgment in favour of your client against a pesky debtor who has a habit of evading payment. Now how do you enforce this judgment?

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Paralegal 101: How to play the best supportive role?

Posted on June 18, 2020June 18, 2020 by Ivan Aaron Francis

You want to be useful and to be considered as a legal asset despite still being in law school or studying for the bar exams. After much job scouting, you finally landed a job. Now what?

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Overview of Freezing Orders – “Mareva O Mareva”

Posted on May 29, 2020June 1, 2020 by Ivan Aaron Francis

Many of us have heard of freezing orders being enforced in Malaysia and may even know of people with ‘frozen assets’. There are various reasons why one would want to freeze the assets of another.

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An Overview on the Commencement of Proceedings

Posted on May 22, 2020May 23, 2020 by Ivan Aaron Francis

Think of the modes of commencement of legal proceedings as motor vehicles. If obtaining judgment was a destination, the type of car you’d use would be your mode of commencing proceedings. The two general modes to initiate court proceedings are by Writ of Summons and an Originating Summons.

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A Contract ‘Subject to Contract’: Are You Still Bound?

Posted on May 15, 2020May 15, 2020 by Ivan Aaron Francis

Not all contracts are drawn up in a single document. Some contracts are subject to another contract or conditions. The question now is, when will a contract “subject to contract” truly be valid?

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