Why Malaysian Civil Procedure Confuses Australian Students

Civil procedure is usually the most confusing part of a Malaysian internship for Australian law students.

Not because it’s harder.
But because it’s organised differently.

Most students understand the law.

What they struggle with is how cases move.

Here’s what usually causes the confusion - and how to think about it properly.

1. Start With the Court, Not the Claim

In Australia, students often think about what the dispute is first.

In Malaysia, procedure starts with where the case sits.

Civil matters can be heard in:

• Magistrates’ Courts

• Sessions Courts

• High Court

Each has:

• different jurisdictional limits

• different procedural routes

• different timelines

Before anything else, ask:

• “Which court is this in - and why?”

That answer will guide you on the following steps.

2. Procedure Changes With Case Category

Not all civil cases follow the same path.

Students often expect:

• one standard process

• one set of steps

In practice:

• cases are categorised early

• the category determines how the matter proceeds

This affects:

• pleadings

• applications

• evidence

• timelines

You’re not expected to memorise every category.
You’re expected to recognise which procedural lane the case is in.

3. Applications Matter More Than Trials

Australian students often assume:

• the goal is trial

• applications are secondary

In Malaysia:

• many disputes are resolved through applications

• interlocutory stages are central, not incidental

This is why interns see:

• frequent affidavits

• written submissions

• procedural hearings

Trial is not always the destination.

Procedure is often the battleground where most of the attention is centered at.

4. Affidavits Are Core Evidence

Students new to Malaysian practice are often surprised by how early evidence appears.

In Malaysia:

• affidavit evidence is fundamental

• form and structure are strictly observed

This means:

• precision matters

• wording matters

• compliance matters

A technically flawed affidavit can undermine an otherwise strong case.

5. Timelines Are Structured, Not Flexible

Extensions of time exist — but they are formal.

Deadlines are:

• rule-based

• court-controlled

• justified, not assumed

Late work without explanation reflects poorly.
Early communication reflects professionalism.

Procedure values discipline, not urgency.

6. Why It Feels Overwhelming in Week One

Most confusion comes from:

• unfamiliar terminology

• layered procedural steps

• lack of file history

This is normal.

Procedure only makes sense once you:

• see repeated patterns

• follow one case over time

• understand why each step exists

Clarity comes from exposure, not speed.

7. How Interns Should Approach Civil Procedure

Don’t try to master everything at once.

Instead:

• trace one file from start to current stage

• ask why each step was taken

• observe how lawyers prioritise procedure

Think structurally, not academically.

You’re learning how cases move, not how rules are memorised.

Final Thought

Civil procedure in Malaysia is not chaotic.

1. It’s structured.

2. It’s hierarchical.

3. It’s predictable once understood.

The interns who adjust fastest aren’t the ones who know the rules best.

They’re the ones who understand how the system operates.

Legal Writing: Malaysia vs Australia

If you’re an Australian law student coming to Malaysia for an internship, the fastest way to feel confident in week 1 is to realise this:

You already understand the common law thinking style (facts -> issues -> rule -> application).

What changes is the writing culture which include: tone, structure, citations, formality and, very practically, how you “anchor” your argument to procedure (Malaysia: Orders; Australia: Rules + sections).

Below is the “translation guide” we give our Australian interns so they can write in a way Malaysian litigators and judges immediately recognise.

1. The first adjustment: Malaysia writes through “Orders”, Australia writes through “Rules” (and sections)

Malaysia: ROC 2012 is organised by Orders

Malaysian civli procedure is written and cited in Orders under the Rules of COurt 2012 (ROC 2012). Your drafting often starts by stating the procedural gateway:

• Order 13 (default of appearance to writ)

• Order 14 (summary judgment)

• Order 18 (pleadings)

• Order 24 (discovery and inspection of documents)

Also note the ROC 2012 explicity frames itself as a procedural code with an overriding objectives that parties must help the Court achieve.

Australia: procedure is usually cited by Rule numbers (plus case-management “purpose” sections)

Australia doesn’t speak in" “Orders” the same way. You’ll usually cite rules (FEderal Court Rules / State UCPR) and sometimes the overarching purpose provisions that tshape drafting and case management:

• Federal Court of Australia Act 1976 (Cth) s 37M (overarching purpose)

• Civil Procedure Act 2005 (NSW) s 56 (overriding purpose)

2. The “early exit” applications: Malaysian Orders vs Australia Rules

Australian interns pick this up fastest when they see the equivalents side-by-side

3. Tone: Australian clarity, Malaysian courtroom restraint

Australian student default.

Australian writing training pushes you toward:

• plain English

• confident conclusions

• minimal ceremony

Malaysian court-facing tone.

Malaysian litigation writing is usually:

• more formal and deferential

• less “punchy”

• more careful when alleging serious misconduct

Commonly, you’ll see:

• “It is respectfully submitted that…”

• “With respect…”

• “The Defendant denies… save as expressly admitted…”

A simple “translation” example.

Australian-flavoured:

• “The defendant clearly breached the contract.”

Malaysia-flavoured:

• “It is repsectfully submitted that the Defendant breached the Agreement by failing to make payment by the contractual due date.”

Same meaning - but different courtroom voice.

4. Structure: Malaysia loves navigable, numbered modules

Australian writing often tolerates more narrative flow.

Malaysian court documents typically prefer:

• shorter paragraphs

• aggressive numbering (including sub-paragraphs)

• defined terms (“the Agreement”, “the Impugned Decision”)

• headings that sound like issue questions

Why? Because the ROC 2012 is built to be used like a structured code (Orders, rules, forms), and judges expect your writing to be equally easy to index.

5. A pracitical checklist (made for Australia interns)

Before you send any draft in Malaysia, ask:

1. What am I drafting? pleading / affidavit / submissions

2. Have I anchored the document to the right procedural gateway? (Malaysia: Order; Australia: rule/section)

3. Does each legal proposition have an authority + pinpoint?

4. Are my facts tied to pleadings/exhibits?

5. Is my tone appropriately restrained and court facing?

The goal: You leave able to write in a Malaysian legal style without losing your AUstralian clarity.

Malaysia Legal Systems for Dummies

If you’re coming to Malaysia for an internship, the fastest way to feel confident in week 1 is to understand the “shape” of the system: where the law comes from, which courts decide what, and what a case looks like from filing to hearing.

Here’s the good news: you’re not starting from zero.

1. The Big Picture: Common Law Roots

Malaysia is a common law jurisdiction, so the legal “thinking style” will feel familiar. Judges and lawyers rely on precedent, structured legal reasoning, and concepts you already know - contract, tort, equity, and the usual discipline of working from the facts to the law.

 So don’t worry if you’re not across Malaysian statutes yet. If you can read a case, extract a principle, and apply it carefully, you’re already speaking the right language.

Where it does feel different is the overall structure.

2. A “Dual” System

Malaysia is often described as having a dual legal system, with two court structures running in parallel:

• Civil courts (the “main” court system) deal with most civil and criminal matters.

• Syariah courts are state-based and deal with certain matters involving Muslims, most commonly family and personal law.

Australia students often assume there’s one court system that covers everything like that in Australia.

 The Malaysia’s civil courts are generally structured as:

• Federal Court (apex)

• Court of Appeal

• High Court (two co-ordinate High Courts: High Court in Malaya, and High Court in Sabah and Sarawak)

• Subordinate Courts (Sessions Courts and Magistrates’ Courts)

 Consider this your early adjustment: in Malaysia, the right answer can depend on the right forum.

 When dealing with law issues, the one question that will save you hours when you come across anything that touches on:

• marriage or divorce

• inheritance

• religious status

• family arrangements

Start with:

“Which forum has power to decide this?”

 It’s a simple question, but it’s the difference between doing helpful research and going down a rabbit hole.

Intern takeaway: You don’t need to memorise the whole system before you land in KL. Just remember that Malaysia’s structure can be different to what you’re used to and when in doubt, ask your supervisor early. That’s what good interns do.

How To Be A Good Intern

A law internship isn’t about proving you know the law. It’s about proving you can work in a legal environment.

The interns who stand out aren’t the loudest or the most confident. They’re the ones partners trust, associates rely on and clients never notice (which is a compliment).

Here’s how to be one of them.

1. Accuracy Beats Speed — Every Time

In law, being almost right is the same as being wrong.

• Read instructions twice

• Check names, dates, citations, and numbering

• Never assume, clarify

If you’re running late, flag it early. A late but correct document is usually better than a fast, flawed one.

2. Understand the Task Before You Start

Before opening a document, ask yourself:

• What is this being used for?

• Who is the audience (partner, client, court)?

• What level of detail is expected?

A two-minute clarification can save two hours of re-work.

3. Research Like a Lawyer, Not a Student

Legal research isn’t about volume, it’s about relevance.

• Use authorised sources

• Note jurisdiction and currency

• Distinguish cases properly

• Don’t dump information, synthesise it

Good intern output:

• Clear issue

• Relevant law

• Short explanation

• Practical conclusion

4. Write Clearly and Conservatively

Your writing should be:

• Precise

• Neutral

• Free of opinion unless asked

• Grammatically perfect

Avoid:

• Casual language

• Over-confidence

• Flowery explanations

If in doubt, simpler is better.

5. Respect Confidentiality, Always

This is non-negotiable.

• Don’t discuss files outside the firm

• Don’t share screenshots or stories

If you’re unsure whether something is confidential, assume it is.

6. Observe the Office Culture Carefully

Every firm is different.

Watch:

• How emails are addressed

• How partners are spoken to

• How other interns ask questions

• How mistakes are handled

Adapt quietly. Cultural intelligence matters.

7. Ask Questions the Right Way

Questions are encouraged, but be intentional.

Good approach:

“I’ve reviewed X and Y and drafted a preliminary note. I’m unsure whether the focus should be A or B - could you please advise?”

This shows thinking, not dependence.

8. Take Feedback Without Ego

You will get red-lined.

• Don’t explain or justify

• Say: “Thank you - I’ll revise it now.”

• Apply the feedback next time

Improvement matters more than perfection.

9. Be Useful in the Small Moments

Small actions build big trust.

• Bring a notebook to meetings

• Offer to help when others are busy

• Keep documents organised

• Flag errors respectfully

Reliability is remembered.

Final Thought

A good law intern is not someone who knows everything.

It’s someone who:

• Thinks carefully

• Works accurately

• Communicates clearly

• Acts professionally

• Learns quickly