Circular 91/11: Enforcement of the Subordinate Courts (Amendment) Act 2010 (Act A1382)

New Year Greetings to all our Members!

ENFORCEMENT OF THE SUBORDINATE COURTS (AMENDMENT)

ACT 2010 (ACT A1382)

Please be informed that the Subordinate Courts (Amendment) Act 2010 (Act A1382) (passed by Parliament and received the Royal Assent on 8th September 2010 and published in the Gazette on 30th September 2010) is expected to be enforced in the New Year on a date to be appointed by the Minister by notification in the Gazette.

Under the amended Subordinate Courts Act 1948, the jurisdiction of the Subordinate Courts, in particular, the Sessions Court, has beenenhanced significantly.

When the Bill to amend the law was tabled in Parliament last year, the Bar Council prepared and submitted a Memorandum dated 30th June 2010 to the authorities, expressing the concerns of the Bar on this matter. Members may read the said Memorandum at the Website of the Malaysian Bar (>Home>News>Bar News>Bar Council memorandum on the proposed amendments to the Subordinate Courts Act 1948).

At a recent meeting with the Rt. Honourable Chief Justice of Malaysia and other top Judges of the country, the Bar Council called for the proposed enforcement of the amendments to be deferred until the concerns of the Bar are resolved, but the indicationwas that there would be no delay in the plans to enforce the same.As a result, the Bar Council is now considering drawing up a set of Guidelines to ensure a smooth and proper implementation of theenhanced jurisdiction of the subordinate courts for the consideration of the Judiciary.

The Johore Bar Committee at a special meeting on 14th December 2011 decided to alert its members on this development.

A copy of Act A1382 is available to members of the Johore Bar at the Johore Bar Secretariat. We give you a summary of the important changes effected by Act A1382 as follows:

(a) The monetary jurisdiction of the Sessions Court has been increased from RM250,000.00 to RM1,000,000.00 [s. 7(a)(ii) of Act A1382];

(b) The monetary jurisdiction of a First Class Magistrate has been increased from RM25,000.00 to RM100,000.00 [s. 11 of Act A1382];

(c) The monetary jurisdiction of a Second Class Magistrate has been increased from RM5,000.00 to RM10,000.00 [s. 13 of Act A1382];

(d) The Sessions Court has been conferred with jurisdiction to try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments, within the jurisdiction of the Sessions Court [s. 7(a)(iii) of Act A1382];

(e) A Sessions Court may, in respect of any action or suit within the jurisdiction of the Sessions Court, in any proceedings before it – (i) grant an injunction; and (ii) make a declaration, whether or not any other relief, redress or remedy is or could be claimed [s. 7(b) of Act A1382]; and

(f) The Penghulu’s Court has been abolished [ss. 2, 3(b), 4(b), 5(c), 10. 12 and 15 of Act A1382].

Please be guided accordingly.

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