Legal Practitioners Act 1893

Legal Practitioners (Public Notaries) Determination 2002

 

Legal Practitioners (Public Notaries) Determination 2002

Contents

Part 1 — Preliminary

1.Citation2

Part 2 — Notice and Inquiries

2.Notice under section 58Y of the Legal Practitioners Act 18933

3.Inquiries and submissions under section 58Y of the Legal Practitioners Act 18933

Part 3—Report of Committee’s Conclusions

4.Scale of costs to be adopted4

Schedule

1.Citation5

2.Commencement5

3.Application5

4.Scale of costs5

Notes

 

Legal Practitioners Act 1893

Legal Practitioners (Public Notaries) Determination 2002

Part 1  Preliminary

1.Citation

(1)This report may be cited as the Legal Practitioners (Public Notaries) Report 2002.

(2)The determination set out in the Schedule to this report is referred to in this report as the Legal Practitioners (Public Notaries) Determination 2002.

Part 2  Notice and Inquiries

2.Notice under section 58Y of the Legal Practitioners Act 1893

The Legal Costs Committee has complied with the notice provisions of section 58Y of the Legal Practitioners Act 1893.

3.Inquiries and submissions under section 58Y of the Legal Practitioners Act 1893

Before making the Legal Practitioners (Public Notaries) Determination 2002 the Legal Costs Committee —

(a)reviewed all submissions received as a result of the notice given under section 58Y of the Legal Practitioners Act 1893;.

(b)consulted with the Court;

(c)had regard to the impact of the Goods and Services Tax on the level of fees charged by Practitioners; and

(d)noted that the fees set by the Committee in the Legal Practitioners (Public Notaries) Determination have not been increased since 1999.

Part 3—Report of Committee’s Conclusions

4.Scale of costs to be adopted

(1)It is the recommendation of the Legal Costs Committee, after reviewing the information gained as a result of the inquiries and submissions described in clause 3, that the scale of costs set out in the Table to clause 4 of the Legal Practitioners (Public Notaries) Determination 2002 be adopted for the business of Notaries Public and which have been rounded up or down to represent an approximate increase of 16%;

(2)It is the further recommendation of the Committee that given the amendments to the scale of costs in the manner set out in the Table to clause 4 of the Legal Practitioners (Public Notaries) Determination 2002 are inclusive of any provision for the Goods and Services Tax, that from and including the date of that determination coming into operation, the Legal Practitioners (Effect on Costs of a New Tax System) (Goods and services Tax) Determination 2000 as published in the Gazette on 15 September 2000 p5411 will no longer apply to the Public Notaries scale of costs from that date.

 

Schedule

Legal Practitioners Act 1893

Legal Practitioners (Public Notaries) Determination 1999

Made by the Legal Costs Committee under section 58W of the Legal Practitioners Act 1893 and section 25 of the Interpretation Act 1984.

1.Citation

This determination may be cited as the Legal Practitioners (Public Notaries) Determination 1999.

2.Commencement

This determination comes into operation on 1 June 2002.

3.Application

(1)This determination applies to the remuneration of a Public Notary for the provision of notarial services.

(2)This determination does not apply to the remuneration of a Public Notary based on costs incurred in respect of instructions taken before the commencement of this determination.

4.Scale of costs

The fee charged by a Public Notary for providing notarial services shall not exceed the fee for those services set out in the Table to this clause.

Table

Scale of Notaries Fees

Item No

Matter

$

1

Affidavits, affirmations and declarations—

 

 

(a)

For administering an oath or affirmation or taking a declaration and for signing the jurat or its equivalent—

where there is one deponent or declarant

and for each additional deponent, affirmant or declarant swearing, affirming or declaring at the same time

 

 

46

 

 

7

 

(b)

For preparing an affidavit, affirmation or declaration verifying the execution of a document by a company or by a person

 

 

31

 

(c)

For preparing a notarial certificate in respect of an oath, affirmation or declaration

 

31

 

(d)

For completing the certificate

16

 

(e)

For completing a second and third certificate (if required)

16

 

(f)

For preparing an exhibit to an affidavit, affirmation or declaration

7

 

(g)

For completing an exhibit

4

2

Deeds and other documents—

 

 

(a)

Witnessing and attesting the execution or signing of a deed or other document—

where there is one party

and for each additional party signing at the same time

 

 

46

7

 

(b)

For preparing a notarial certificate in respect of the attestation

31

 

(c)

For completing the certificate

16

3

Verification of copies of documents—

 

 

(a)

For examining with the original a photographic copy of the document

for each page exceeding one

 

16

1.60

 

(b)

For examining with the original a copy of a document other than a photographic copy

for each folio exceeding five

 

31

4

 

(c)

For preparing a notarial certificate verifying a copy of a document

 

31

 

(d)

For completing the certificate

16

4

Certificates under seal not otherwise prescribed by this scale—

 

 

(a)

For preparing a notarial certificate

31

 

(b)

For completing the certificate

16

5

Bills of Exchange—

 

 

(a)

For noting a bill of exchange, entering in the register and supplying one copy of note

 

100

 

(b)

For presenting bill—a fee for the time so occupied calculated in accordance with the Solicitors Costs Determination 1998*

 

 

(c)

For preparing, issuing and entering a protest of a bill of exchange and supplying one copy of protest

 

100

 

together with the reasonable disbursements necessarily incurred in connection with any of those services.

 

6

Ship’s protests—

 

 

(a)

Preparing and attesting a ship’s protest including three copies (if required)

 

100

 

(b)

Preparing and attesting extension of ship’s protest

128

7

Duplicates—

Except where otherwise provided, for more than one copy of any of the above notarial documents completed at the same time—

for each copy (after the first) up to ten—one half of the prescribed fee

for each copy (after the tenth)—one quarter of the prescribed fee

 

8

Miscellaneous services—

 

 

For instructions, attendances, correspondence, drawing, engrossing and all other services not covered by this scale, or, if so covered, for matters involving unusual work or difficulty

 — a fee calculated in accordance with the Legal Practitioners (Solicitors Costs) Determination 2000* having regard to the time skill and responsibility involved.

 

 

Notes

1This is a compilation Legal Practitioners (Public Notaries) Determination 2002 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (Public Notaries) Determination 2002

10 May 2002
p. 2457-9

1 Jun 2002