Amendments to Court of Judicature Act, Subordinate Courts Act, Subordinate Courts Rules Act in force from 22 October 2020

29 January 2021

On 22 October 2020, the Court of Judicature (Amendment) Act 2020 (“CJA Act 2020”), Subordinate Courts (Amendment) Act 2020 (“SCA Act 2020”), and Subordinate Courts Rules (Amendment) Act 2020 (“SCRA Act 2020”) (collectively, “Acts”) were published in the Federal Gazette and came into operation on the same day:

To read a summary of the key changes introduced under the Acts, please
click here to read an article titled “Court of Judicature (Amendment) Bill 2020, Subordinate Courts (Amendment) Bill 2020, Subordinate Rules (Amendment) Bill 2020 passed by the Senate on 23 September 2020” which was featured in Jurisprudentia Q3 July - September 2020.

Court of Judicature (Amendment) Act 2020

The CJA Act 2020 amends the Court of Judicature Act 1964 and introduces the following key changes:

  • New definition of “remote communication technology” which means a live video link, a live television link, or any other electronic means of communication;
  • New section 15A to enable the Federal Court, the Court of Appeal, and the High Court to conduct proceedings through a live video or television link or any other electronic means of communication;
  • Amendment of section 16 to provide that the Rules of Court may be made for regulating and prescribing the procedure with respect to the hearing of any matter or proceeding through a remote communication technology; and
  • Amendment of section 69(1) to provide for the receiving of further evidence through a remote communication technology.

Subordinate Courts (Amendment) Act 2020 The SCA Act 2020 amends the Subordinate Courts Act 1948 and introduces the following key changes:

  • New definition of “remote communication technology”;
  • New section 101B to enable the Sessions Court and the Magistrate Court to conduct proceedings through a live video or television link or any other electronic means of communication; and
  • New definition of “remote communication technology” which means a live video link, a live television link, or any other electronic means of communication. 

Subordinate Courts Rules (Amendment) Act 2020 The SCRA Act 2020 amends the Subordinate Courts Rules Act 1955 and introduces the following key changes:

  • New definition of “remote communication technology”; and
  • Amendment of subsection 3(2) in relation to the membership of the Subordinate Courts Rules Committee. Under the proposed amendment, the membership of the Senior Judge of the Sessions Court of Kuala Lumpur will be substituted by the membership of the Chief Registrar of the Federal Court.