Section 3

in relation to contentious business, any person who as a principal or on behalf of another person retains or employs, an advocate and solicitor, and any person who is or may be liable to pay a solicitor’s costs;

in relation to non-contentious business, any person, who as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs, an advocate and solicitor, and any person for the time being liable to pay an advocate and solicitor for his service and costs;

“Compensation Fund” and “the Fund” mean the fund maintained and administered in accordance with section 80;

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“contentious business” means business done by an advocate and solicitor, in or for the purpose of proceedings begun before a court of justice, tribunal, board, commission, council, statutory body or an arbitrator;

“costs” includes fees, charges, disbursements, expenses and remuneration;

“Court” means the High Court or a Judge thereof when sitting in open

Court, and “Judge” means a Judge of the High Court sitting in Chambers;

“Faculty of Law” means the Faculty of Law of a University established under the Universities and University Colleges Act 1971

[Act 30], the Faculty of Law of the Universiti Teknologi MARA established under the Universiti Teknologi MARA Act 1976 [Act 173]

and the Kuliyyah of Law of the International Islamic University of

Malaysia established pursuant to the Companies Act 1965 [Act 125];

“legal officer” means a qualified person in the judicial and legal service;

“Malaysian Bar” and “Bar” means the body corporate established under section 41;

“Minister” means the Minister responsible for law;

“the Ordinance” means the Advocates and Solicitors Ordinance 1947

[M.U. 4 of 1947];

“pleader” means a pleader entitled to practise at the date of coming into operation of this Act;

“practising certificate” means a certificate issued by the Registrar under section 29;

“qualified person” means any person who—

NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] w.e.f. 31 January 2017–see subsection 620(1) of Act 777.

16 Laws of Malaysia ACT 166

has passed the final examination leading to the degree of

Bachelor of Laws of the University of Malaya, the

University of Malaya in Singapore, the University of

Singapore or the National University of Singapore;

is a barrister-at-law of England; or

is in possession of such other qualification as may by notification in the Gazette be declared by the Board to be sufficient to make a person a qualified person for the purposes of this Act;

“Register of Practitioners” means the annual register kept by the

Registrar under section 31;

“Registrar” means the Registrar of the High Court and includes a

Deputy Registrar, Senior Assistant Registrar and an Assistant Registrar;

“Roll” means the Roll of advocates and solicitors of the High Court kept by the Registrar under section 28;

“Rules Committee” means the Rules Committee constituted under any written law and empowered to make rules regulating the procedure in the High Court;

“Sijil Annual” means the certificate issued by the Council under section 32;

“Solicitors Costs Committee” means the Solicitors Costs Committee constituted under section 113.

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