Job Description

Job Purpose

1. Manages and handles litigation cases involving Group companies and Tribunal proceedings.

2. Provision of legal advice including opinions, drafting and vetting of consultancy contracts and other operational legal documentation.

3. Advice on issues relating to the Housing Development Act, including handing over of vacant possession and LADs, defects and design issues, alleged non-compliance with the other terms & conditions in the SPA, sales brochures and other related documentation, advise and assist townships to reply to purchaser\'s complaint letters on defects rectification and other customer complaints;

4. Advice on issues arising from the Group\'s ownership of lands, including compulsory land acquisition cases and other stakeholder issues.

5. Advice on issues under the Strata Management Act 2013, including issue of maintenance and management of high-rise buildings and their common property by developers/joint management body/management corporation.

6. Provide updates on laws/ regulatory matters that may affect the Group.

7. Preparing and providing accurate and updated legal reports and presentations on a timely basis.

Job Responsibilities

Dispute Resolution (Litigation, Tribunal) * Partnering and working together with external lawyers and internal stakeholders on contentious matters where for example, discussions are carried out to analyse/strategize on how to best defend/commence a suit and obtaining external lawyer\'s legal opinion pertaining to the suit and reviewing those legal opinions.

• Partnering and working together with external lawyers and internal stakeholders in negotiating settlement terms with the opposing litigants in lieu of suits and preparation of mandates to the management for out of court settlement.
• Perusing, revising the contents and giving out views on cause papers such as the Defence, Affidavits, witnesses statements for court hearings and correspondences.
• Drafting defence in reply to the claims filed by purchasers/management corporation to the Housing / Strata Management Tribunals.

Intellectual Property

• Managing the registration of intellectual property rights of the Group and monitoring their progress; and
• drafting, reviewing and advising on potential dispute/contentious IP rights infringement matters.

Job Responsibilities (Con\'t)

Township Matters * Partnering and working together with internal stakeholders to resolve purchasers\' complaints where meetings, discussions are held with internal stakeholders, purchasers, purchasers\' external lawyers and documents are perused in this regard.

• Drafting and/or revising letters in response to purchasers\' written complaints and/or to Joint Management Bodies (JMBs) /Residents\' Associations.
• Attending site inspections at the relevant developments in the course of Tribunal claims/proceedings.

Hospitality matters and disputes * Attending to dispute and litigation matters in the hospitality business e.g. membership matters, debt recovery matters, operational contracts, etc.

Prepare and provide accurate and updated material litigation reports to Management / Finance / auditors on a timely basis.

Drafting/reviewing Consultancy Contracts and other Operational Contracts * Drafting, revising and perusing the terms of the contracts with service providers and other operational contracts.

• Partnering and working together with external lawyers and internal stakeholders on drafting and revising clauses of the contracts.
• Negotiating with counter parties on the terms and conditions of the contracts.

Job Responsibilities (Con\'t)

• Perusing, revising the terms and conditions of the contracts and giving our views to internal stakeholders on clauses drafted/proposed by the counter parties/ their lawyers.
• Advising internal stakeholders on issues pertaining to the contracts like termination and interpretation of the clauses therein.

Assist the SPA Team on SPA-related matters * Preparing the templates in the exercise to standardise the responses to be issued to purchasers following complaints such as on defects and defects liability period (DLP) etc; and

• Preparing the letter(s)/agreements to acquire private lands from owners - land compensation agreements.

Job Responsibilities (Con\'t)

Impact / Accountability

• Identify and minimise legal risks and exposure to disputes and liabilities and reputational issues in relation to the operational arrangements and ensure that the interest of the Group is protected.
• Reduce cost of engaging the services of external lawyers and expediting the progress of the negotiations, settlements, contracts by generating the relevant legal documents in-house, and providing detailed review and value-added comments in the documents.
• Able to provide input which external lawyers are unable to provide due to better understanding and knowledge of the business and commercial objectives.
• Responsible for the development of the precedent bank for the team e.g. letters of demand, settlement agreements, standard responses to defect complaints
• Advising the internal stakeholders and business units when disputes arise with counter parties or potential disputes while meeting the commercial objectives and recommending solutions/steps to be taken in resolving the same.

Education/Professional Qualification

(i) Bachelor\'s degree- LLB (Hons), University of Malaya (2011)

(ii) Master\'s degree- LLM (Merit), University of Manchester (2012)

(iii) Admitted as Advocate & Solicitor (High Court of Malaya) (2013)

Professional Experience

4 \xc2\xbd years as legal practitioner

Competencies

Risk Management

Governance, Risk and Integrity:

Understand, at minimal:

• The Group and BU/OU/Support Department governance structure and process;
• BU/OU/Support Department operating parameters;
• Laws, rules and regulations impacting BU/OU/Support Department area of operations;
• The Group\'s principles and requirements of the Group\'s Code of Business Conduct ("COBC"), Group Policies and Authorities (\xe2\x80\x9cGPA\xe2\x80\x9d) and related policies and procedures.
• The basic application of risk management in the BU/OU/Support Department area of operations;

[the above is collectively known as \xe2\x80\x9crequirements\xe2\x80\x9d]

Drive, lead and/or assist in:

• Maintaining compliance to the requirements.
• Guiding others, where required.
• Raise concerns and seek guidance when in doubt.

Sime Darby Property