SBC/CIR/156/12
19th February 2013

Dear Members of Selangor Bar,

SUBORDINATE COURTS (AMENDMENT) ACT 2010 (ACT A1382)

Please be informed that pursuant to P.U. (B) 45/2013, the Minister has appointed 1st March 2013 as the date of coming into operation of the Subordinate Courts (Amendment) Act 2010 [A1382].

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

The pertinent changes effected by Act A1382 are 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 also take note that the increase in filing fees reflected in the schedule of High Court fees and Subordinate Court fees provided in Appendices B1 and B2 to the Rules of Court 2012, respectively, will
also take effect on 1 Mar 2013.

Please be guided accordingly.

Members are therefore advised to obtain a copy of the above Amendments and read them.

Vishnu Kumar
Chairperson
Civil Law Court Liaison Sub-Committee
Selangor Bar Committee

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