Legal Practice Act 2003

Legal Practitioners (Public Notaries) Determination 2004

 

Legal Practitioners (Public Notaries) Determination 2004

Contents

Part 1 — Preliminary

1.Citation2

Part 2 — Notice and Inquiries

2.Notice under section 213 of the Act3

3.Inquiries and submissions under section 213 of the Act3

Part 3—Report of Committee’s Conclusions

4.Increase in fees4

5.Scale of costs to be adopted4

Schedule

1.Citation5

2.Commencement5

3.Application5

4.Scale of costs5

Notes

Compilation table8

 

Legal Practice Act 2003

Legal Practitioners (Public Notaries) Determination 2004

Made by the Legal Costs Committee under section 214 of the Act.

Part 1  Preliminary

1.Citation

(1)This report may be cited as the Legal Practitioners (Public Notaries) Report 2004.

(2)The determination set out in the Schedule to this report is referred to in this report as the Legal Practitioners (Public Notaries) Determination 2004.

Part 2  Notice and Inquiries

2.Notice under section 213 of the Act

The Legal Costs Committee has complied with the notice provisions of section 213 of the Act.

3.Inquiries and submissions under section 213 of the Act

Before making the Legal Practitioners (Public Notaries) Determination 2004 the Legal Costs Committee —

(a)reviewed all submissions received as a result of the notice given under section 213 of the Act;

(b)consulted with the Courts, practising Public Notaries, and the Law Society of Western Australia;

(c)had regard the fees chargeable by Public Notaries in comparable jurisdictions; and

(d)had regard to the hourly an daily rates applicable under the Solicitors Costs Determination 2003 2.

Part 3—Report of Committee’s Conclusions

4.Increase in fees

Having regard to the public service nature of the duties of Public Notaries, considered input from practising Public Notaries about the time taken in the performance of their services, and having given consideration to the fees and charges applicable by Public Notaries in other comparable jurisdictions, the Legal costs Committee concluded that the scale of Public Notaries fees that is applicable in Western Australia is inappropriate.

5.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 2003 be adopted for the business of Public Notaries.

(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 were inclusive of any provision for the Goods and Services Tax (GST), the scale of Public Notaries fees continues to be inclusive of GST.

 

Schedule

Legal Practice Act 2003

Legal Practitioners (Public Notaries) Determination 2004

Made by the Legal Costs Committee under section 210 of the Act.

1.Citation

This determination may be cited as the Legal Practitioners (Public Notaries) Determination 2004.

2.Commencement

This determination comes into operation on 1 January 2005.

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 (inclusive of GST).

Table

Scale of Public Notaries Fees

Item No

Matter

Maximum amount
$

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




70

20

 

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



75

 

(c)For preparing a notarial certificate in respect of an oath, affirmation or declaration and for completing the certificate



75

 

(d)For completing a second and third certificate (if required)


25

 

(e)For preparing an exhibit to an affidavit, affirmation or declaration and for completing the exhibit



20

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



70


20

 

(b)For preparing a notarial certificate in respect of the attestation and for completing the certificate


75

3

Verification of copies of documents —

 

 

(a)For examining with the original a photographic copy of the document

for each page exceeding one


25

5

 

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


50

 

(c)For preparing a notarial certificate verifying a copy of a document and for completing the certificate



75

4

Certificates under seal not otherwise prescribed by this scale —

 

 

For preparing a notarial certificate and for completing the certificate


75

5

Bills of Exchange —

 

 

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


150

 

(b)For presenting bill—a fee for the time so occupied calculated in accordance with the Solicitors Costs Determination 1998 2

 

 

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



150

 

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)


200

 

(b)Preparing and attesting extension of ship’s protest

200

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, travel 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 2 having regard to the time skill and responsibility involved

 

 

For photocopies where necessary, including of documents for which allowance is otherwise made in this Determination


1.00 per page

 

Notes

1This is a compilation of the Legal Practitioners (Public Notaries) Determination 2004. The following table contains information about that determination.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (Public Notaries) Determination 2004

2 Dec 2004 p. 5719-23

1 Jan 2005 (see cl. 2)

2[Published in the Gazette 28 May 2003.]