The Small Claims Tribunal Order came into force on 1st January 2012 and effectively began its operation on 1st January 2013.
Subordinate Court Act (Chapter 6)
Section 3. (1)
“There shall be within Brunei Darussalam the following Subordinate Courts with such jurisdiction as is conferred by this Act or any other written law —
- Courts of Magistrates;
- Juvenile Courts;
- Small Claims Tribunals.”
Section 3. (2)
“The Small Claims Tribunals shall have such jurisdiction as is conferred by the Small Claims Tribunals Order, 2006 (S 81/2006) or any other written law.”
Section 3. (3)
“Except as provided in the Small Claims Tribunals Order, 2006 (S 81/2006), no provision of this Act or the Rules of Court shall apply to a Small Claims Tribunal.”
Juvenile Court: Children and Young Persons Act (Chapter 219)
The Children and Young Persons (Amendment) Order, which came into effect on 1 March 2010, required the need to set up the Juvenile Court. The Juvenile Court was then established on 13 March 2011.
Section 9 (1)
Section 9 (2)
“The magistrate, when determining the method of dealing with a child or young person in respect of whom a written report is obtained by the Juvenile Court regarding his background, family history, school record or such other matters, shall sit with two advisers selected from a panel of advisers nominated by the Chief Justice, except that where it appears that the Court cannot without adjournment be fully constituted and that an adjournment would be inexpedient in the interests of justice, he may sit with one adviser or he may sit alone.”
Section 9 (3)
“Except as modified or extended by this Act, the provisions of the Criminal Procedure Code (Chapter 7) shall apply to a Juvenile Court as if that Court were a Court of a Magistrate.”
The Small Claims Tribunal Order, 2006
Establishment of tribunals.
Small Claims Tribunal has been in operation since 2013 in order to provide a quick and inexpensive forum for the resolution of small claims between a claimant and a defendant. The Small Claims Tribunal has jurisdiction to hear claims not exceeding $10 000 or such other sum as the Chief Justice may order.
The Small Claims Tribunal Order, 2006 provides for the matter to be heard in an informal manner and legal representatives are not allowed to be present during any proceedings of the Tribunal.
Section 3 (1)
“There is hereby established a tribunal or such numbers of tribunals to be known as the Small Claim Tribunals.”
Section 3 (2)
Section 3 (3)
Section 3 (4)
Section 5 (1)
“Subject to the provisions of this Order, a tribunal shall have jurisdiction to hear and determine –
(a) any claim relating to a dispute arising from any contract for the sale of goods or the provision of services; and
(b) Any claim in tort in respect of damage caused to any property.
Section 5 (2)
“The jurisdiction of a tribunal shall not extend to a claim –
(a) in respect of damage caused to any property by an accident arising out of or in connection with the use of a motor vehicle; or
(b) Which the subordinate courts have no jurisdiction to hear and determine.”
Section 5 (3)
Section 5 (4)
Section 5 (5)
Section 5 (6)
“Subject to the Limitation Act (Chapter 14), the jurisdiction of the tribunal shall extend to a claim which arose before the commencement of this Order.”
Appointment and qualification of adjudicator.
Section 4 (1)
“His Majesty the Sultan and Yang Di-Pertuan may, on the recommendation of the Chief Justice appoint an adjudicator or such number of deputy adjudicators.”
Section 4 (2)
“No person shall be appointed to be an adjudicator or a deputy adjudicator unless he is a qualified person with the meaning of the Legal Profession Act (Chapter 132).”
Section 4 (3)
“Every person appointed as an adjudicator shall hold office for such term as may be specified in the instrument of his appointment and may be reappointed.”
Section 4 (4)
“Any appointment of an adjudicator made under subsection (1) may at any time be revoked by His Majesty the Sultan and Yang Di-Pertuan on the recommendation of the Chief Justice.”