Siva Nada & Associates

Siva Nada & Associates

Expertise

Areas of Expertise

In Kuala Lumpur and Lembah Klang region, our seasoned attorneys extend unparalleled care to safeguard their clients, fostering a familial bond. Their mastery of the law and unwavering commitment guarantee not just justice, but also tranquility of mind.

Litigation

Litigation

We engage in contentious and non-contentious litigation matters and handle appellate matters in the High Court and handle appeals in the Court of Appeal and the Federal Court. In addition, thereto we handle contentious and non-contentious litigation matters in the Sessions Court and the Magistrate courts. We appear for litigation matters in Employment /Industrial Relation matters in the Industrial Court and the Labour Court.

Adjudication

Adjudication

The Founder is an Adjudicator and has appeared as an Adjudicator in several cases involving construction matters. In addition, thereto he also represents the litigants in the adjudication cases before an Adjudicator.

Arbitration

Arbitration

The Founder also appears in Arbitration cases where he represents the litigants in the arbitration matters before an Arbitrator(s).

Mediation

Mediation

The Founder is a Mediator and is eligible to act as a Mediator involving disputes between parties. In addition, we also act for parties in a dispute before a Mediator.

Consultancy and Corporate Advisory

Consultancy and Corporate Advisory

We provide legal advisory support to our clients in compliance with the various statutes particularly the Companies Act on restructuring of companies, mergers and acquisitions, shareholders agreements, consultation on liquidation, judicial management or insolvency. We also provide corporate advisory for Directors, managers and employees in various legal matters and provide advice on the preparation of documentation relating to general and commercial matters.

Areas of Practice

Siva Nada & Associates prides itself on offering comprehensive legal services across a spectrum of crucial areas. Our firm understands the intricate dynamics and complexities within each domain, providing tailored solutions to meet the diverse needs of our clients. From navigating the delicate nuances of Family Law to safeguarding corporate interests in the realm of Contract/Commercial Law, we offer adept guidance and steadfast representation. With a keen focus on delivering excellence, we adeptly handle matters ranging from Construction disputes to Employment issues with precision and dedication. Moreover, our proficiency extends to Corporate Law, Bankruptcy, and Criminal Law, where we strive to protect our clients’ rights and interests with unwavering commitment. Additionally, we excel in addressing tortious matters encompassing Negligence, Nuisance, Defamation, and Conspiracy to Injure, ensuring thorough advocacy and effective resolution. Furthermore, our expertise extends to Judicial Review, where we advocate for fairness and accountability in administrative decision-making processes. At Siva Nada & Associates, we are not just legal practitioners; we are trusted allies, dedicated to navigating the legal landscape with integrity, proficiency, and compassion.

Family Law

The principal Act which deals with marriage and divorce matters, including custody of children, maintenance, ancillary reliefs, is the Law Reform (Marriages and Divorces) Act 1976, and domestic violence under the Domestic Violence Act 1994. The other statutes governing non-Muslim family life in Malaysia are Married Woman and Children (Maintenace) Act 1950, the Guardianship of   Infants, the Child Act 2001 and the Legitimacy Act 1961.

Contract / Commercial Law

The Law of Contract is found mainly in written law and unwritten law. The written law is reflected in the Contracts Act 1950, the Specific Relief Act 1950, the Civil Law Act 1956, and the Government Contract Act 1949 and several specific statutes such as the Moneylenders Act 1951, Housing Development (Control and licensing ) Act 1966 to name a few. Whereas unwritten law such as common law and case law serve a role in clarifying, supplementing and addressing issues which may emerge when dealing with written law. The Contracts Act 1950, which inter alia deals with contract agreements, guarantees, indemnities, has been and remains one of the main sources of the law of contract.

Construction

Construction law, which is premised mainly on contractual principles emanating from the Contracts Act 1950, deals directly and indirectly with all aspects of the construction industry. The bulk of the construction contracts can be broadly divided into the traditional general contracts, the management contracts, construction management contracts, the package deal type of contracts, the build, operate and transfer type of contacts and the “fast tracking” and partnership type of contracts. Construction law is also often referred to as “Building Law” and “Engineering Law”.

Employment Law

Employment relationship, which is a contractual relationship between an employer and the worker is the basis of Employment Law and deals with employment issues and trade union issues. It is governed by three principal Acts namely the Industrial Relations Act 1967, the Employment Act 1955 and the Trade Union Act 1959. The other key statutes affecting employment matters are the Employment Provident Fund Act 1991, the Employment Social Security Act 1969 and the Employment Insurance Systems Act 2017.

Corporate Law

Corporate law essentially deals with companies and their formation and operations and covers areas such as mergers and acquisitions; due diligence; corporate governance which deals with how a company is managed and regulated; shareholders rights; minorities protection; corporate restructuring and liquidation/winding up under the Companies Act 2016.

Bankruptcy Law

The word “bankruptcy” may generally be defined as the inability of the debtor to pay their debts resulting in the compulsory administration of the person’s estate as ordered by the Court, through the process of the Bankruptcy Notice followed by the Creditors Petition, for the benefit of the debtor’s creditors. In October 2017 the Insolvency Act 1967, formerly known as the Bankruptcy Act 1967,  and the Insolvency Rules  2017  and the Insolvency (Voluntary Arrangement) Rules 2017 came into effect, by which a new impetus was injected into the bankruptcy climate by highlighting the importance of the rehabilitation of the debtor.

Tort Law:
Negligence, Nuisance, Defamation, Conspiracy, and More

The law of tort loosely defined is a civil wrong other than a breach of contract or breach of trust and which gives rise to an action for damages. It is a very wide area and covers areas such as Negligence; Negligent Misstatement; Nuisance; Defamation; Conspiracy to Injure; Breach of Confidence; Assault and Battery; Conversion (which is almost akin to theft in criminal law); Trespass to Land (which is the wrongful interference with another’s possession of land); and, Trespass to Goods (an unlawful or unauthorized or unjustified interference with another’s goods). It also covers the tort of inducing a breach of contract wherein a stranger to a contract deliberately interferes in its execution by inducing or persuading a contracting party to break the said contact made  by him with a third party.    

Criminal Law

The ambit of Criminal law, which is governed by procedures under the Criminal Procedure Code,  covers a wide field of offences which falls mainly under the Penal Code, which forms the principal Act on a variety of criminal offences, drug offences under the Dangerous Drugs Act 1952, money laundering offences under the Anti-Money Laundering  Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and corruption and corruption related offences under the Malaysian Anti-Corruption Commission Act 2009.

Judicial Review

Judicial Review plays an important role in the constitutional framework in maintaining a balance between public -decision making and individual rights, and it essentially concerns applications of judicial review of decisions of public bodies which effect the rights of individuals.

Wills and Probate Actions

The main laws encompassing Wills and Intestacy (without Wills) are the Wills Act 1959, the Probate and Administration Act 1959, the Small Estates Distribution Act 1955, the Distribution Act 1958 and the Civil Law Act 1956 and the Rules of Court 2012. The area also comes within the ambit the Trustees Act 1967, the Public Trust Cooperation Act 1995.

Insolvency

The term “Insolvency” refers either to an individual person’s inability to pay, which generally falls under Bankruptcy law pursuant to the Insolvency Act 1967, or a body corporate’s inability to pay. The laws governing corporate insolvency fall under the recently amended Companies Act 2016, read together with the Companies Regulations 2017 and the Companies (Winding Up) Rules 1972. Apart from providing for the winding up of companies and matters in connection thereto, several corporate rescue mechanisms such as Judicial Management and Corporate Voluntary arrangement have been introduced to assist financially strapped companies. The Act allows for a scheme of arrangement between a Company and its creditors and provides clarification on the status and powers of the receiver and or receivers and managers and has provisions relating to liability, indemnity and priority over receivers’ costs. The administration of corporate insolvency is undertaken by the Malaysia Department of Insolvency.

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