Law. Faith. Justice. Community. Culture.
Summary of Speech by Chief Justice Sundaresh Menon, Opening of the Legal Year 2016 (11 January 2016)
Continue reading “Summary of Speech by Chief Justice Sundaresh Menon at Opening of Legal Year 2016”
Summary of Speech by The Attorney-General, Mr V K Rajah, SC, At The Opening Of The Legal Year 2016 (11 January 2016)
Continue reading “Summary of Attorney-General’s Speech at OLY 2016”
Need an overview of the different requirements and terms of employment passes for foreign employees and immigration passes for related persons in Singapore? As a Singapore employment lawyer, I set out key points to note.
Continue reading “Article: Immigration Law and Employment of Foreign Manpower”
Must two Singaporeans who marry in a foreign country register their marriage in Singapore? Can foreigners married in a foreign country divorce in Singapore? Can a foreigner apply for maintenance or child custody orders in Singapore post-divorce in a foreign court? Can divorce orders or related orders made by foreign courts be enforced in Singapore? As people become increasingly mobile, these are some issues which more frequently surface in matrimonial and divorce proceedings. This article examines some of these legal issues.
Continue reading “Article: Cross-border or international aspects in matrimonial and divorce law”
At BCS legal clinic yesterday, 2 separate foreign applicants came distressed, seeking legal advice on how they can quit their job. They were overworked and exploited. They had thought that if they quit their job, they’d have to pay a hefty sum of money for terminating their employment contract or agreement before a purported “bond” period. When they left the legal clinic, they were uplifted and relieved because they found out from us that they could leave their unhealthy jobs without penal consequences.
Significance: Court of Appeal allowed appeal on the basis that the respondent failed to discharge its burden of proof by running its ‘minimal case’ and adducing insufficient evidence to prove that it had paid its debts.
Comment: It’s important for litigants to be clear about who bears the legal burden of proving which material facts. This would be based on the pleadings, which are therefore important legal documents that must be properly drafted. Evident from this case, even Supreme Court judges can differ in their construction of pleadings to determine such fundamental concepts as burden of proof. Such analyses must be done early in the litigation so that the appropriate and effective litigation strategy can be adopted. Running risky strategies like no case to answer or a “minimal case” approach must be well supported by robust legal analysis and research.
The court granted a stay of proceedings on the ground of forum non conveniens applying the principles in Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460 (“Spiliada”), adopted in the Singapore courts: Rickshaw Investments Ltd v Nicolai Baron von Uexkull [2007] 1 SLR(R) 377, CIMB Bank Bhd v Dresdner Kleinwort Ltd [2008] 4 SLR(R) 543 and JIO Minerals FZC v Mineral Enterprises Ltd [2011] 1 SLR 391.
Comparison Table Between Society And Company Limited By Guarantee
Comparison Table Between Partnership, LLP & Company
Continue reading “Legal Structures for Joint Ventures”
