Women, like their male counterparts, enjoy basic fundamental rights. The course of human interactions has led, in some instances, to the need to introduce and enforce additional protection for women and persons that would otherwise be disadvantaged if such additional protections were not given. Sports have been part of human activities undertaken as recreation or a career. Although the competitive sport was, at some point in human history, an exclusive male preserve, the umbrella of exclusivity has long been torn, and women have been welcomed, embraced and encouraged to participate in their own rights, and compete against their fellow women in separate and distinct categories from that of the male. The categorisation was done taking into cognisance the biological makeup of the male and female beings in the bid to ensure fairness to all participants. A transgender woman has the right to participate and compete in sporting activities. This article examined the fairness or otherwise of allowing the transgender woman to compete in the same category as the biological woman in sporting activities. Apart from interrogating and exploring the topic, we have made recommendations that would hopefully help resolve the many controversies generated by allowing the transgender woman to compete in the same category as the biological woman. The approach of research used is the doctrinal method.

Gordon-Smith J in his judgement^[1] has intimated that bribery and corruption of officialdom are like cancer which may grow and destroy the whole body. Like Caesar's wife, officials (including judges) must be above suspicion and lack of confidence in this respect strikes at the whole foundation of good government.^[2]

It is therefore beyond doubt that corruption could permanently impair or even worse, wreck the society, predominantly a developing country like Malaysia. It is indeed a serious and infectious disease that needs to be curbed at all costs as it has always been living with us and humankind has been continuously fighting against this immoral and unethical crime.

What is the interpretation of Bribery and Corruption?

The primary legislation which governs bribery and corruption in Malaysia is the Malaysian Anti-Corruption Commission Act 2009 ('MACC Act') which was enacted to provide for the establishment of the Malaysian Anti-Corruption Commission to make further and better provisions for the prevention of corruption and for matters necessary thereto and connected therewith.

In the law of evidence, certain subject matters cannot be inquired into because they are privileged. For instance, the without prejudice privilege will protect the subject matter and render it inadmissible at law. The reason is that it is in the public interest to encourage the disputed parties to reach a compromise without judicial interference and to keep litigation at a minimum. Thus, the court is keener to enlarge the cloak under which negotiations may be undergoing without prejudice. Furthermore, while negotiating, those statements often relate to the offer of a compromise, and the rationale behind this is that if it were not privileged, those statements would constitute significant evidence because they were admissions in nature.

In the United Kingdom ('UK'), it is well-established that communication marked 'without prejudice' between the parties seeking to compromise a settlement may be inadmissible in civil proceedings. The rationale behind this is the public interest in promoting 'out of court' negotiations. The same principle has been adopted and embodied into our jurisdiction via the s. 23 of the Evidence Act 1950 as follows:

In civil cases, no admission is relevant if it is made, either upon an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.

What law applies to torts and non-contractual wrongs in the online virtual world when the parties and acts traverse different jurisdictions? How does the choice of law rules operate? What novel approaches to this area of law and to online dispute resolution are possible in the horizon? This article explores these questions.

Introduction

Let us imagine that someone in the metaverse or on the Internet did a wrong to you (outside of a contractual relationship), e.g. defamed you, cheated you, or passed off as your business. That someone is from another country A. The act had effects in yet another country B. Or the act was done such that technically, the relevant communications were published in a physical server in yet another country C. What law would apply to your claim?

While there may be choice of law clauses in the terms of use of the metaverse service or the virtual platform, these apply to the relationship between the service provider and the user. They do not apply to the wrongs done between users of the service or the platform. The law on this issue is complicated although it may appear deceptively intuitive.

SINGAPORE
Employment
More Singapore firms adopting 4-day work week to attract, retain talent
More companies in Singapore are adopting a four-day work week in a bid to attract and retain workers. However, the arrangement might not work for everyone or every business model.

AUSTRALIA
Employment
Unions and employers agree 40,000 more migrants a year needed to fill Australia’s skills shortage
Unions and employers have agreed Australia should lift its migration intake by 40,000 annually to help fill skills shortages and demanded a boost to apprentice subsidies. The consensus suggests the Albanese government could secure broad support for some policy reform at its jobs and skills summit in September, although the Australian Chamber of Commerce and Industry (Acci) will use a major speech on Wednesday to reject more ambitious union requests. The Australian Council of Trade Unions (ACTU) has called for price controls on electricity and a windfall profits tax, which Acci’s chief executive, Andrew McKellar, will reject as “throwbacks to a forgotten and bygone era” at the National Press Club.