by Ganesh Sahathevan
The regulatory and governance issues surrounding Australia's College Of Law Ltd's past and present attempts to break into the Malaysian market persist for its management led by CEO Neville Carter continue to remain silent.
As reported earlier on this blog:
Existence of "College of Law Asia" remains a mystery - "College Of Law Asia" ceased operations in Malaysia suddenly and without explanation in 2019; College has entered into new JV with FMM Institute, under the patronage of Australian High Commissioner to Malaysia, Justin Lee, but not reflected anywhere in parent company College Of Law's books
The accounting issues raise further (and continuing) questions about the legality of the College Of Law Ltd and College Of Law Asia's business in Malaysia. A foreign company carrying on business in Malaysia must be registered as a foreign company with the Companies Commission of Malaysia (CCM). Given the seeming non-existence of the College Of Law Asia it is hard to see how it might be registered with the CCM .
As previously reported, the College Of Law Asa conducted business in Malaysia without being incorporated in Malaysia (or anywhere else), before it disappeared in mid 2019.
The College intends to offer training in ESG. The fact that "G" in that acronym means governance seems to be lost on the College and its management.
TO BE READ WITH
Friday, April 14, 2023
Australia's "College Of Law Asia" conducted business in Malaysia without being incorporated in Malaysia (or anywhere else), before it disappeared in mid 2019 - "College Of Law Asia" is attempting to re-enter the Malaysian market with the assistance of FMM; previous failed venture with Bar Council Malaysia remains a mystery
by Ganesh Sahathevan
It has been previously reported that Australia's College Of Law is attempting to re-enter the Malaysian market with the assistance of FMM but meanwhile the closure of its office in Malaysia in 2019 remains unexplained and false claims about its contribution to Malaysian legal practise persist.
On that previous failed attempt "College Of Law Asia" and its parent College Of Law Ltd attempted to carry on a business in Malaysia in defiance of Malaysia's laws which require that a branch or subsidiary be incorporated in Malaysia.
Questions about that apparent illegality and other matters addressed to their director in Malaysia, Peter Tritt, by this writer, remain unanswered. Tritt closed shop and left Malaysia following his refusal to answer without any explanation.
To Be Read With
Sunday, June 21, 2020
College Of Law documents show how College operates in Malaysia without a corporate structure ; JV with Bar Council the primary responsibility of then president, now judicial commissioner George Varghese
by Ganesh Sahathevan
It has been previously reported here that The Bar Council -College Of Law LLM lacked a physical presence which in turn raised tax and MIDA regulatory issues. The nature of the College's operations worldwide can now be shown in the diagram above , which is located at the this link on the College's website: https://www.collaw.edu.au/-/media/col/au_files/downloads-and-forms/about/corporate-governance/college-of-law-corporate-and-academic-committee-structure-as-june-2019.pdf
YA Tuan George Varughese
(Click to enlarge)
It has been previously reported here that The Bar Council -College Of Law LLM lacked a physical presence which in turn raised tax and MIDA regulatory issues. The nature of the College's operations worldwide can now be shown in the diagram above , which is located at the this link on the College's website: https://www.collaw.edu.au/-/media/col/au_files/downloads-and-forms/about/corporate-governance/college-of-law-corporate-and-academic-committee-structure-as-june-2019.pdf
(See diagram above-click to enlarge).
The College Of Law-Bar Council JV was entered into when YA George Varghese (photo above) was chairman of the Bar Council . He refused to answer queries about the JV and about claims made by the College about its contributions to legal education in Malaysia, going back to the 1980s. Those claims have been refuted by UiTM, and the Federal Court Registry.
TO BE READ WITH
Bar Council education ‘JV’ must be clarified
KUALA LUMPUR, July 19 – The Malaysian Bar Council launched its first education venture, a LLM in Malaysian Legal Practise (LLM), last year in collaboration with the College Of Law Australia.
The LLM does not seem to have the approval of Malaysia’s Legal Professional Qualifying Board (LPQB) but the website for the course, which is hosted in Australia, prominently displays the Bar Council crest.
The crest has not been used before to promote a course of study, and queries put to Bar Council President Fareed Gafoor about the use of the crest have been acknowledged but remain unanswered.
NMT has however sighted an email from Fareed dated Friday, May 24, 2019 with regards the LLM and the use of the crest where he states:
Dear Rajen,
We can’t remain silent on this.
Abdul Fareed Bin Abdul Gafoor
Sent from my iPad
It is understood that “Rajen” refers to Rajen Devaraj, Chief Executive Officer of the Bar Council Secretariat in Kuala Lumpur.
The Bar has remained silent for nearly 2 months since.
Key person suddenly retired during extensive query
The College of Law used to be represented in Malaysia by its Director, Peter Tritt. Tritt have been queried extensively about the LLM and about the College’s business in Malaysia but has refused to provide answers. Tritt has been based in Kuala Lumpur since 2017 but announced on Friday that he had “retired” from the College on 30 June 2019.
It is understood that Tritt has forwarded queries sent him to his head office in Sydney and hence it appears that Tritt is under orders from his Chief Executive, Neville Carter, to remain silent.
Questionable advertising claims?
In advertising on the College’s website Carter has claimed that he had established a Professional Legal Training course for Malaysian Law students seeking admission to practise in Malaysia. There seems to be no evidence of such a course, or of any national level training course for the existing Certificate of Legal Practise.
Carter has also claimed to have produced the “inaugural” Handbook in Legal Practise for Malaysia, in the late 80s. A search of the main law libraries in Malaysia directed by the Chief Registrar, Federal Court Malaysia, has not found any such handbook.
He has also claimed to have, during that time to have identified and addressed “gaps” in Malaysian legal practise, but not even those in practice during that period and since have ever heard of him. Nor are senior practitioners aware of “gaps” that needed that to be addressed by external consultants.
As CEO of the College Carter has ultimate responsibility for the College’s Malaysian operation headed by Tritt and variously named the “College Of Law Asia Pacific” and the “College Of Law Asia”. A search by NMT has not revealed any entities registered under those names in Malaysia or in Australia, not even a foreign entities registered to conduct business in Malaysia.
Meanwhile the College, in collaboration with the Bar Council continues to sell its LLM and other courses in Malaysia, deriving a fee income from Malaysian courses.
-NMT
Sunday, June 21, 2020
College Of Law documents show how College operates in Malaysia without a corporate structure ; JV with Bar Council the primary responsibility of then president, now judicial commissioner George Varghese
by Ganesh Sahathevan
It has been previously reported here that The Bar Council -College Of Law LLM lacked a physical presence which in turn raised tax and MIDA regulatory issues. The nature of the College's operations worldwide can now be shown in the diagram above , which is located at the this link on the College's website: https://www.collaw.edu.au/-/media/col/au_files/downloads-and-forms/about/corporate-governance/college-of-law-corporate-and-academic-committee-structure-as-june-2019.pdf
YA Tuan George Varughese
(Click to enlarge)
It has been previously reported here that The Bar Council -College Of Law LLM lacked a physical presence which in turn raised tax and MIDA regulatory issues. The nature of the College's operations worldwide can now be shown in the diagram above , which is located at the this link on the College's website: https://www.collaw.edu.au/-/media/col/au_files/downloads-and-forms/about/corporate-governance/college-of-law-corporate-and-academic-committee-structure-as-june-2019.pdf
(See diagram above-click to enlarge).
The College Of Law-Bar Council JV was entered into when YA George Varghese (photo above) was chairman of the Bar Council . He refused to answer queries about the JV and about claims made by the College about its contributions to legal education in Malaysia, going back to the 1980s. Those claims have been refuted by UiTM, and the Federal Court Registry.
TO BE READ WITH
Bar Council education ‘JV’ must be clarified
KUALA LUMPUR, July 19 – The Malaysian Bar Council launched its first education venture, a LLM in Malaysian Legal Practise (LLM), last year in collaboration with the College Of Law Australia.
The LLM does not seem to have the approval of Malaysia’s Legal Professional Qualifying Board (LPQB) but the website for the course, which is hosted in Australia, prominently displays the Bar Council crest.
The crest has not been used before to promote a course of study, and queries put to Bar Council President Fareed Gafoor about the use of the crest have been acknowledged but remain unanswered.
NMT has however sighted an email from Fareed dated Friday, May 24, 2019 with regards the LLM and the use of the crest where he states:
Dear Rajen,
We can’t remain silent on this.
Abdul Fareed Bin Abdul Gafoor
Sent from my iPad
It is understood that “Rajen” refers to Rajen Devaraj, Chief Executive Officer of the Bar Council Secretariat in Kuala Lumpur.
The Bar has remained silent for nearly 2 months since.
Key person suddenly retired during extensive query
The College of Law used to be represented in Malaysia by its Director, Peter Tritt. Tritt have been queried extensively about the LLM and about the College’s business in Malaysia but has refused to provide answers. Tritt has been based in Kuala Lumpur since 2017 but announced on Friday that he had “retired” from the College on 30 June 2019.
It is understood that Tritt has forwarded queries sent him to his head office in Sydney and hence it appears that Tritt is under orders from his Chief Executive, Neville Carter, to remain silent.
Questionable advertising claims?
In advertising on the College’s website Carter has claimed that he had established a Professional Legal Training course for Malaysian Law students seeking admission to practise in Malaysia. There seems to be no evidence of such a course, or of any national level training course for the existing Certificate of Legal Practise.
Carter has also claimed to have produced the “inaugural” Handbook in Legal Practise for Malaysia, in the late 80s. A search of the main law libraries in Malaysia directed by the Chief Registrar, Federal Court Malaysia, has not found any such handbook.
He has also claimed to have, during that time to have identified and addressed “gaps” in Malaysian legal practise, but not even those in practice during that period and since have ever heard of him. Nor are senior practitioners aware of “gaps” that needed that to be addressed by external consultants.
As CEO of the College Carter has ultimate responsibility for the College’s Malaysian operation headed by Tritt and variously named the “College Of Law Asia Pacific” and the “College Of Law Asia”. A search by NMT has not revealed any entities registered under those names in Malaysia or in Australia, not even a foreign entities registered to conduct business in Malaysia.
Meanwhile the College, in collaboration with the Bar Council continues to sell its LLM and other courses in Malaysia, deriving a fee income from Malaysian courses.
-NMT