Till Death Do Us Part OR I will Take You To The Cleaner φϋ NÊòÃÙ φτυψ | ύ:ττ AÃ – ϊ:ττ PÃ CÊÄÊÙ HÊã½, Kç½ 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 NÊòÃÙ φτυψ | ύ:ττ AÃ – ϊ:ττ PÃ CÊÄÊÙ HÊã½, Kç½ 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: ........................................................................................................................................................................................ 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