Malaysian Law of Conveyancing Solicitor's Fiduciary Duty Benchmarking with Australia and New Zealand

"The ongoing battle of a Malaysian Conveyancing Lawyer against the intervention of fraudsters into the chain of conveyancing process is to ensure that registration can deliver security of tenure."

The Malaysian Conveyancing Law is regulated by the "National Land Code [Act 828]" as the primer statute and the Malaysian Bar Council is responsible in providing rulings and guidelines to assist its members pertaining to the conveyancing practices. Solicitors as the medium in a conveyancing process play a vital role at the preliminary process where they are responsible for drafting, preparing and perfecting the instrument of dealings. At this juncture, it is pertinent that the instruments should not only seem regular, but also authentic. The role played by a solicitor is important and thus, allowing non-compliance of the law, without any monitoring compliance would only benefit fraudsters. As a benchmark, the conveyancing law and practices in New Zealand and Australia is reviewed as a lesson learnt.