MOHAMED MUSTHAFA
Catchwords
Advocate and Solicitor – Admission to the Bar – Pupillage – Short Call – Application by Master – Section 36(2) Legal Profession Act 1976 – Legal Profession (Amendment) Act 2025 – Whether order under s.36(2) now mandatory prerequisite for admission – Effect of amendment introducing s.11(1)(e) and s.15(3)(h) – Nature and purpose of short call order. Advocate and Solicitor – Pupillage – Commencement of pupillage – Whether pupillage commences on date petition for admission filed – Section 36(4) Legal Profession Act 1976 – Computation of thirty-day period for filing short call application. Advocate and Solicitor – Short Call – Application filed within statutory period – Section 36(2A) Legal Profession Act 1976 – Requirement that application be made within thirty days from commencement of pupillage – Leave requirement for late applications. Advocate and Solicitor – Rights of Audience – Pupil in chambers – Limited rights of audience – Appearance on behalf of master or firm – Nature of audience as delegated and supervised audience of master – Whether pupil possesses independent right of audience. Advocate and Solicitor – Admission – Qualification for admission – Whether obtaining short call order constitutes substantive condition precedent to admission – Interpretation of ss.11(1)(e), 15(3)(h) and 36(2) Legal Profession Act 1976. Advocate and Solicitor – Professional Regulation – Supervisory jurisdiction of Court – Variation or rescission of short call order – Section 36(5) Legal Profession Act 1976 – Best interest of profession – Continuing oversight by Bar Council and State Bar Committee. Statutory Interpretation – Legal Profession Act 1976 – Amendments introduced by Legal Profession (Amendment) Act 2025 – Legislative purpose – Practical advocacy training – Court-tested pupillage – Harmonious construction of Parts II and IV of the Act. Practice and Procedure – Originating Summons – Short call application – Service requirements – Whether Attorney General required to be served – Section 36(3) Legal Profession Act 1976 – Requirement confined to Bar Council and State Bar Committee. Practice and Procedure – Jurisdiction – High Court in Malaya – Admission petition filed in one registry and short call application filed in another registry – Whether jurisdiction affected – One High Court in Malaya under Article 121(1) Federal Constitution. Advocate and Solicitor – Master and Pupil Relationship – Requirement of genuine pupillage – Active supervision by master – Seven years active practice requirement – Fitness of master – Fair and reasonable test under s.36(3). Words and Phrases – “Fair and reasonable” – Meaning and application under s.36(3) Legal Profession Act 1976. Words and Phrases – “Short call” – Meaning – Order permitting supervised audience during pupillage under s.36(2) Legal Profession Act 1976.
Practice Areas
Judges (1)
Parties (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-17c-19-05-2026)