GOH SIU LIN

LL.B (HONS) (BRISTOL), (MIDDLE TEMPLE)
ADVOCATE & SOLICITOR OF THE HIGH COURT OF MALAYA

Ms. Goh Siu Lin was admitted as an Advocate & Solicitor of High Court of Malaya in 1995. She is a trained Collaborative Lawyer with the International Academy of Collaborative Professionals (IACP) and a Facilitative Mediator accredited by the Malaysian International Mediation Centre (MIMC). Siu Lin is also trained in the Insight method of mediation.

She has been in active practice since then with a special focus on banking and general litigation, contentious probate and family litigation. She was formerly the Deputy Head of the Family, Probate & Trusts Department of Shook Lin & Bok

Her legal experience includes:

  • Legal representation of clients in contentious disputes arising from contractual civil claims with a special emphasis on banking and finance, litigation, probate and family law.
  • Advisory work for financial institutions and government linked corporations in contentious debt recovery cases, defending claims against financial institutions, advising on issues arising in receiverships and liquidations.

Family Law

  • Family law, annulment, contentious divorces, domestic violence, maintenance claims, matrimonial asset division, custody disputes.
  • Collaborative law.
    Siu Lin was involved in the first purely Collaborative Law case in Malaysia which crystallised into a divorce decree in November 2022. The matter involved a foreign spouse, high net-worth parties, issues of potential international relocation of children and utilised the services of a family coach (psychologist) and a child specialist to achieve a bespoke child-focused solution for the family.

    She has gone on to successfully conclude the 2nd purely Collaborative Law case in June 2023  involving a special needs child and an older child suffering from parental alienation. The alienated child and target parent have commenced  reunification therapy. 

  • Marital agreements (post-nuptial agreements)
  • Adoptions, surrogacy, citizenship, children’s issues
  • Providing evidence as an expert on Malaysian family law for courts in England, Ireland, France (surrogacy) and Canada (surrogacy).

Probate

  • Estate planning and assisting clients in the preparation of their wills and trusts for estates with assets located in various jurisdictions
  • Providing legal representation on inheritance issues in contentious and non-contentious probate, trusts and estate matters which may span multiple jurisdictions (eg. Singapore, Indonesia, England, Australia, Hong Kong, Italy, America and Azerbaijan)
  • Advising clients in complex and high-profile probate matters including challenges to the validity of wills, construction of wills, claims by international families of plural marriages
  • Small Estates & Distribution
  • Applications on behalf of beneficiaries for full accounts and inventories and seeking their distributive share of the estate
  • Administration of high net-worth estates 
  • Application to court to seek early termination of testamentary trusts
  • Applications to court for removal of Administrators
  • Contesting applications for grant of letters of administration
  • Assisting with the winding-down of partnerships and law firms
  • Assisting the Estate to pursue claims based on constructive / resulting trusts
  • Applying for refund of unclaimed monies for the Estate
  • Attending to the resealing of foreign grants of probate and administration obtained from any part of the Commonwealth or granted by British Courts
  • Attending to applications for Cessate Grant, Letters of Administration, Letters of Administration De Bonis Non, Letters of Administration with Will Annexed etc
  • Attending to the transfer of ownership of vehicles including luxury vehicles, immoveable properties, transfer of shares
  • Assisting widows/widowers to claim derivative pension and death benefits
  • Assisting clients with EPF death withdrawals and insurance claims
  • Applications to Court for leave to sell immoveable properties notwithstanding restrictions in the will
  • Attending to advertisements of notice to creditors under Section 32 of the Trustee Act 1949
  • Deed of Family Arrangements
  • Assisting inter-racial and inter-religious families with estate-planning
  • Providing evidence as an expert on Malaysian probate laws for courts in Hong Kong

Others

  • Property disputes, defamation, judicial review proceedings and land reference cases
  • Family pro bono briefs (eg. inter-faith conversion custody disputes, domestic violence murder trials) on behalf of the Joint Action Group for Gender Equality (comprising 12 Women Non-Governmental Organisations)
  • Watching brief for JAG representing the family and child witness of a domestic violence victim trial. Kuala Lumpur High Court PP vs Jamaluddin Ali https://www.malaymail.com/news/malaysia/2017/01/20/after-domestic-abuse-victims-murder-lawyer-urges-mandatory-arrest-of-violen/1297195
  • Watching brief for a rape committed against a girl child on behalf of Women’s Aid Organisation, at the Melaka Court;
  • Watching brief for PS the Children, in respect of sexual crimes committed against a boy child, at the Kuala Lumpur Court;
  • Watching brief on behalf of the family for in respect of criminal proceedings related to grooming and sexual offences under the Sexual Offences Against Children Act 2017, at the Putrajaya Sexual Crimes Court;
  • Representing a parent in proceedings involving the Child Act 2001 and related to issues of potential international relocation of the child to a European country, child abuse and child protection issues, filing an application to appoint a child representative, liasing with the Protection Officers of Social Welfare Department and clinical psychologist;
  • Acted as amicus curiae and watching brief lawyer on behalf of the Association of Women Lawyers, Voice of the Children, Buku Jalanan Chow Kit and Yayasan Chow Kit   in the Federal Court. In respect of children being held in immigration detention centres and the application of Sections 83 and 84 of the Child Act 2001 and the  Convention on the Rights of the Child. https://www.malaymail.com/news/malaysia/2023/04/07/advocacy-group-stop-viewing-children-as-security-threat-immigration-dept-should-set-up-child-friendly-unit/63770
  • She was one of the inaugural group of lawyers which underwent the Training of Trainers for Ethical Representation of Children in Conflict with the Law, and for Custody and Adoption Proceedings (“Training of Trainers”) organised by the United Nations Children’s Fund (“UNICEF”) in collaboration with the Bar Council, and conducted by the Canadian Bar Association. She has been a trainer at previous sessions of the Elementary Course on the Representation of Children in Malaysia
  • She was one of the inaugural group of family practitioners in Malaysia trained in Collaborative Law method by the International Academy of Collaborative Professionals, United States of America in 2018.

REPORTED CASES

More recent cases are confidential and have mostly been settled discreetly without final decisions or judgments, whether in private negotiation, mediation or utilising the collaborative law process, harnessing the expertise of child specialists.

Some of the reported cases Siu Lin has appeared as counsel or co-counsel are as follows:

  • Ryan Koh Yue Loong @ Koh Teck Loong & Tan Guat Lian v. Koh Shing Yee & Cheong Lai Shin & Anor Kuala Lumpur High Court WA-22NCVC-649-09/2019. Plaintiffs’ claim dismissed and judgment in favour of the Defendants’ counterclaim allowed on 7.9.2023.
  • Robert Stevenson Kay v Stephanie Tan Min Chiu (2018) MLJU 1321 High Court and Court of Appeal
  • Lereno Sdn Bhd & 2 Ors vs Malaysian Debt Ventures Berhad & 4 Ors (2017) 1 LNS 2232
  • Kuala Lumpur High Court Civil Suit No. 22-NCVC-225-2011 (Malaysia Debt Ventures Berhad v. Vista Technologies Sdn. Bhd. & 4 Ors) Judgment after full trial granted in Plaintiffs’ favor on 10.7.2015. Upheld by the Court of Appeal on 8.3.2016.
  • Tan Sri Khoo Kay Peng v. Pauline Chai Siew Phin 2014(10) CLJ 403, decision upheld on appeal by the Court of Appeal on 19.6.2015
  • Chan Kam Kew v. Chan See Chuen & Ors [2014] 1 LNS 442, decision upheld on appeal by the Court of Appeal on 26.1.2015
  • Ng Kwok Seng & Anor v. Mei Ling Ng [2014] 7 CLJ 121, decision upheld on appeal by the Court of Appeal and affirmed by the Federal Court on 28.1.2015
  • Pelantar Agresif (M) Sdn. Bhd. v. Projek Lebuhraya Usahasama Bhd. & Lembaga Lebuhraya Malaysia [High Court S-22-817-2008] judgment dated 30.4.2013]
  • Lionel Lau Siang Kok v. Datuk Seri Panglima Lau Chon Kun (2013) 1 CLJ 619 [Court of Appeal]
  • Hong Leong Bank Bhd v. Chan Siew Tneg (f) & Anor (2012) 6 MLJ 81 [Court of Appeal]
  • Chan Siew Tneg v. Hong Leong Bank Bhd. (Civil Application No. 08(f)-377-2011(J) [Federal Court] 21.3.2012)
  • Foo Toon Aik v. Ketua Pendaftar Kelahiran dan Kematian, Malaysia (2012) 4 CLJ 613, (2012) 4 AMR 35, (2012) 2 MLRH 548
  • Wee Lian Construction Sdn. Bhd. v. Ingersoll-Jati Malaysia Sdn. Bhd. (2010) 3 MLJ 425 [Court of Appeal]
  • Takako Sakao v. Ng Pek Yuan (2008) 4 MLJ 66 [Court of Appeal]
  • Gan Yook Chin (P) & Anor v Lee Ing Chin @ Lee Teck Seng & Ors (2005) 2 MLJ 1 [Federal Court]

PROFESSIONAL AFFILIATIONS

  • Co-Chair of the International Academy of Collaborative Professionals (IACP) Asia Collaborative Law Taskforce (2022-2023, 2023-2024)
  • International Visitor Leadership Programme (IVLP) on “The U.S. Judicial System – Protecting Women and Children”, 2019
  • Kuala Lumpur Bar Committee Chairman (2017-2019)
  • Chairperson of the Family Law Committee of the Bar Council (2018-2019)
  • Deputy Co-Chairperson of the Child Rights Committee of the Bar Council (2017-2018)
  • President of the Association of Women Lawyers (2015-2017)
  • Member of Special Taskforce established by the PM’s Department On Sexual Crimes Against Children 2017.
  • Member of Disciplinary Committee of the Advocates and Solicitors Disciplinary Board (since 2005)
  • Examiner – Professional Standards & Ethics Programme of the Malaysian Bar (since 2007)
  • Honorary Secretary of the Kuala Lumpur Bar (2015-2017)
  • Chair of the Professional Development Committee (2015-2017)

INVOLVEMENT IN LEGISLATIVE/ POLICY REFORMS

  • UNICEF Taskforce on the Amendments to the Evidence of Child Witness Act and Sexual Offences Against Children Act in 2023.Member of Special Taskforce established by the PM’s Department On Sexual Crimes Against Children in 2017.
  • Sexual Offences Against Children Act 2017 
  • Amendments to the Law Reform (Marriage & Divorce) Act 1976 – in 2017
  • Amendments to the Legal Profession Act 1976

PAPERS, CONFERENCES, SEMINARS & FORUMS

  • Speaker “The Future of Divorce: Collaborative Practice, Prenuptials and other means of resolution.” organised by the Bar Council National Young Lawyers & Pupils Committee, 11th February, 2023
  • A Better Future for Every Child”, 18th December, 2022 
  • Speaker, “Holding a Watching Brief” organised by International Justice Mission (IJM), 13th August, 2022
  • Speaker “Strengthening Children’s Rights through Malaysia’s Sexual Harassment Act”, organised by Monsters Among Us (MAU), 28th July, 2022.
  • Kyndryl Fireside Chat International Womens’ Day 2022, co-panellist with Liz Chung (Netflix Korea) and Larissa Tan (Vanda Electrics), 17th March, 2022 
  • Speaker “The Aftermath of an Affair” 25th January, 2022 organised by the Malaysian Collaborative Practice Group (MCPG) and the Selangor Bar Committee
  • Speaker, “Aging Malaysians, Elder Law & Justice – Autonomy, Protection and an Urgent Need for a Mental Capacity Act for Malaysia” 2021;
  • Speaker at a CLJ Current Law Journal Webinar “Divorce, Children and the Paramountcy Principle”, 3rd December, 2020
  • Speaker at a CLJ Current Law Journal Webinar “Family Law: Maintenance of Spouse and Child After A Divorce”, 30 November 2020
  • Speaker at a Virtual Forum organised by the Medico-Legal Society of Malaysia on “Speaking for the Unspoken 2020” on the topic of Domestic Violence, 21st November, 2020 https://youtu.be/Vkigg8AcAys
  • Speaker “Sexual Harassment in the Legal Profession: An Old Normal?”, organised by the KLBar, 16th July, 2020
  • Conceptualised and moderated Bar Council Family Law Committee webinar on “Ruptured Relationships: Insights on Dealing with Parental Alienation in Custody Disputes”, 18th June, 2020
  • Speaker on “Statelessness: A Missing Link between the Enjoyment of Legal Identity and Nationality.” organised by SUHAKAM, 11th June, 2020;
  • Speaker “Preventing Abuse and Protecting Children During MCO: Delicate Challenges for Family Law Lawyers” Webinar organised by the KLBar, 30th April, 2020;
  • Appeared as a guest lawyer on on 2 episodes of “Dari Meja Peguam” on Civil Divorce and Adoption & Surrogacy – RTM Legal Television Series
  • Speaker on “Surrogacy and its Ethical Challenges, Malaysia” at the 7th Family Law & Children’s Rights Conference 2018, Vientiane, Laos, 6th – 8th June, 2018
  • Attended as a Malaysian representative at the Third Regional Workshop on Justice for Children in East Asia and the Pacific on the “Role of the Hague Conventions in Cross-Border Child Protection in East Asia and Pacific”, 4th to 7th September, 2018, Bangkok, 21st March, 2018
  • Jointly conducted an “Introductory Workshop on Holding a Watching Brief for lawyers” for the Bar Council Child Rights Committee, 21st March, 2018
  • Speaker at the Forum on “The rights of illegitimate children from the perspectives of civil and Islamic laws” organized by the Bar Council Syariah Law Committee, 28th July, 2018
  • Panellist on “Inclusivity of Women and LBGTQ+ in Society” Forum for Kesatuan Penuntut Undang-Undang Malaysia (KPUM), 13th July, 2018

ARTICLES & PUBLICATIONS

Contributor for the Malaysian chapter – Hart Studies in Private International Law: Asia Thematic Series: “Choice of Law and Recognition in Asian Family Law”. 1st edition. 5th October, 2023.

Author of the chapter on Family Law in “Hishamuddin Yunus: Celebrating Judicial Independence” which was launched on 8th November, 2018.

“The fraught area of international child abduction: the Malaysian perspective”
– Family Law Newsletter of the International Bar Association Volume 9, Number 1, December 2016

“Managing the Financial Pain of Divorce”
– Focus Malaysia (October 15-21, 2016)

“The potential risks of surrogacy arrangements in Malaysia”
– Family Law Newsletter of the International Bar Association Volume 8, Number 1, October 2015

Contributing Editor
–of the Malaysian Civil Procedure 2013, 2015 and 2018 (Sweet & Maxwell Asia)

“Domicile & Divorce”
– Family Law Newsletter of the International Bar Association Volume 7, Number 1, July 2014

“Custodial tussles and the unilateral religious conversion of children in Malaysia”
– Family Law Newsletter of the International Bar Association Volume 6, Number 1, September 2013

“Citizenship issues and the adopted child”
– Family Law Newsletter of the International Bar Association Volume 5, Number 1, September 2012

“Tertiary education: challenges for children of divorced parents”
– Family Law Newsletter of the International Bar Association, Volume 4, Number 1, September 2011

“How to get legally married”
FACES magazine. 30.6.2012

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