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Dispute Resolution & Litigation

MONCO gains the trust of its clients not just for its skill and experience, but its emphasis on responsive service and practical advice based on each client’s business or individual objectives.

 

MONCO’s solutions are backed by sound knowledge of the law coupled with a team of dedicated lawyers who provide the highest levels of service.

 

Notable transactions-

  • Representing a Jordan-based contractor in court proceedings against a Malaysian governmental agency in a dispute arising from the proposed purchase of land and building in the Middle East.
  • Representing a public listed company in respect of a civil suit arising from the alleged fraudulent misconduct orchestrated by its directors.
  • Representing foreign nationals in criminal proceedings for offences under the Dangerous Drugs Act 1952, Prevention of Crime Act 1959, Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and Security Offences (Special Measures) Act 2012.

 

MONCO specialises in a wide range of dispute resolution practices including but not limited to-

(a) General Litigation

Our lawyers have extensive experience in handling general litigation matters and have represented a broad spectrum of clients in all courts in Malaysia.  Our scope of service includes pre-litigation consultation, strategy planning, attending hearing and full trial and enforcement of court order.

 

(b) Commercial Litigation

A commercial dispute results when one or more of the litigants is a business entity such as a partnership or a corporation.  MONCO has experience in handling a broad spectrum of cases relating to contractual breaches, construction cases and fraud as well as misrepresentation actions.

 

(c) Arbitration & Dispute

Arbitration is a form of alternative dispute resolution process where parties resolve disputes without going to court.  The team of lawyers at MONCO are ready to assist clients to discover all options available not limited to only resolving such disputes through court litigation.

 

(d) Debt Recovery

We are able to assist clients to recover the debts owed by their creditors including by way of serving a notice of demand, initiating a legal suit claiming for the same and initiating a bankruptcy or winding up proceeding upon obtaining the court order.

 

(e) Employment & Labour Law

Our team comprises of experienced lawyers who are well-versed in the complex interplay between the employer-employee relationship and the prevailing commercial, industry and statutory standards.  We have been engaged for matters relating to disciplinary procedures, termination of employees, unfair dismissal matters at the Industrial Court, executive and severance agreements, employment contracts, handbooks and policies, labour relations and negotiations.

 

We also regularly advise our clients on the legislative and regulatory framework relating to industrial relations issues such as the Industrial Relations Act 1967, the Employment Act 1955, the Human Resource Development Act 1992, Employees Social Security Act 1969, Employees Provident Fund Act 1991, Workmen’s Compensation Act 1952, Minimum Standards of Housing and Amenities Act 1990, Wages Council Act 1947, Children and Young Persons (Employment) Act 1966 and Occupational Safety and Health Act 1994 and the respective regulations made thereunder.

 

(f) Family Law (for non-Muslims)

MONCO has extensive experience in representing and advising individuals and families of different backgrounds particularly in the following areas:

  • Contested divorce
  • Injunction against domestic violence
  • Judicial separation
  • Guardianship and custody, adoption and legitimacy claims

 

MONCO is committed in providing practical solutions with the goal of reducing unpleasant litigation and resolving conflicts in the best interests of the children while still protecting family duties.

 

(g) Judicial Review

MONCO has experience dealing with judicial review which is a branch of administrative law.  Our experience in this area of law includes initiating and resisting applications for judicial review from tribunals and Industrial Court.

 

(h) Property & Real Estate Dispute

Claims for liquidated ascertained damages (LAD) is one of the most common disputes relating to property and real estate.  MONCO has experience in handling claims for liquidated ascertained damages (LAD) be it at the Tribunal for Home Buyers Claims (TTPR) or lower courts.  

 

(i) Wealth Management including Will, Trust & Probate

Wealth management is a method to secure the interests of your beneficiaries.  To allow our clients to have the flexibility to cater for the ever-changing financial circumstances, we provide a tailored wealth planning solution based on each client’s unique financial status and needs.

 

Our services also include but not limited to-

  • Advising and assisting clients on will and setting up of trust.
  • Representing and advising clients on applications to the High Court for Distribution Order.
  • Representing, advising, and assisting clients on the administration of estate and matters in relation to inheritance of properties.
  • Representing, advising, and assisting clients on applications to the High Court for the Grant of Probate or Grant of Letters of Administration.
  • Representing, advising, and assisting clients on applications to the High Court for resealing foreign Grant of Probate or Grant of Letters of Administration.

 

(j) Criminal Defence

We provide criminal defence services such as advising complainants, victims, suspects or the accused on the criminal law and procedure in Malaysia, including their rights and remedies.  Moreover, our services also include and not limited to drafting and negotiating amicable settlements on behalf of complainants, victims, suspects or the accused as well as defending the suspects at the criminal court.

 

(k) Bankruptcy and Insolvency

MONCO has a good track record in representing both the debtor and creditor in bankruptcy and winding up proceedings.  Our lawyers understand the sensitive nature of such matters and are equipped to resolve such cases in the most appropriate and mutually beneficial way.

 

(l) Voluntary Arrangement

Voluntary arrangement is a rescue mechanism introduced in the new Insolvency Act 1967 which came into force on 6 October 2017.  Voluntary arrangement essentially enables a debtor to propose a settlement or repayment plan with his creditors at any time before he is adjudged a bankrupt in which case the debtor needs to appoint a nominee to negotiate such settlement. 

 

Our Principal Partner is a registered nominee with the Malaysian Department of Insolvency and is qualified to undertake appointment as a nominee.  We pride ourselves in being approachable and possess the expertise in reaching an amicable settlement with the debtor’s creditors.