Admission to practise in Malaysia
There are two separate regions in Malaysia for the purpose of admission to legal practice, East Malaysia (States of Sarawak & Sabah) and West Malaysia (Peninsula). Whilst it is possible to gain admission to practise law in East Malaysia on the basis of admission in West Malaysia, the reverse does not apply.
East Malaysia (States of Sarawak & Sabah)
In East Malaysia the general requirement for admission to practise law is for applicants to have already been admitted to practise law in another country of the Commonwealth. Advice should be sought directly from either the Advocates Association of Sarawak or the Advocates Association of Sabah as citizenship and residency requirements may also apply.
Advocates Association of Sarawak
Bar Room, High Court
Jalan Tun Haji Openg, Kuching
Sarawak
Malaysia
Tel: (082) 422284
West Malaysia (Peninsula)
The provisions governing admission and qualifications for admission to the Malaysian Bar in West Malaysia are governed by the Legal Profession Act 1976. The Legal Profession Qualifying Board, Malaysia determines the qualifications which may entitle a person to become a "qualified person" within the meaning of section 3 of the Act for purposes of admission as an advocate and solicitor in Malaysia. The LLB offered by The University of Melbourne is recognised by the Legal Professsion Qualifying Board, Malaysia, thus enabling MLS graduates to sit the examination for the Malaysian Certificate of Legal Practice (CLP). Upon successful completion of the CLP examination, candidates are eligible to apply for admission to practise law in West Malaysia.
Apart from passing the final examination leading to a recognised LLB degree, Australian and New Zealand graduates must also satisfy additional requirements as prescribed in The Guidelines on Qualifications and Requirements for Recognition of holders of Australian and New Zealand Law Degrees to become ‘Qualified Person' under the Legal Profession Act 1976. The main requirements being:
• Admission to the LLB must be via the VCE or a qualification from another Australian State or Territory which is equivalent to the VCE. Foundation programs are not accepted for this purpose eg Trinity Foundation Program.
• Duration must be a minimum of 3 academic years and be completed within 6 years of initial registration.
• Minimum of 12 substantive law subjects including 6 core subjects that must be studied over 12 months: Law of Contract; Law of Torts; Constitutional Law; Criminal Law; Land Law; and Equity and Trusts.
Australian lawyers who are admitted to practise as a barrister in England may also be eligible to apply for admission to the Bar in West Malaysia.
Further information is available at the Malaysian Bar website.
Malaysian Bar Council
No. 13, 15 & 17, Leboh Pasar Besar
50050 Kuala Lumpur
Malaysia
Tel: +603-20313003
Fax: +603-20261313
Email: council@malaysianbar.org.my
http://www.malaysianbar.org.my/
Legal 500 provides an overview of the legal environment in Malaysia as well as a directory of firms practicing in Malaysia.