Legal Profession Act 2008

Legal Profession (Public Notaries) Determination 2019

 

Legal Profession (Public Notaries) Determination 2019

Contents

Part 1  Preliminary

1.Citation1

Part 2 — Notice and inquiries

2.Notice under section 278 of the Act2

3.Inquiries and submissions under section 277 of the Act2

Part 3 — Report of the Legal Costs Committee’s conclusions

4.Adjustment in fees3

5.Scale of costs to be adopted3

Schedule

1.Citation5

2.Commencement5

3.Application5

4.Scale of costs5

Notes

Compilation table9

 

Legal Profession Act 2008

Legal Profession (Public Notaries) Determination 2019

Part 1  Preliminary

1.Citation

(a)This Report may be cited as the Legal Profession (Public Notaries) Report 2019.

(b)The determination set out in the Schedule to this Report is referred to in this Report as the Legal Profession (Public Notaries) Determination 2019.

Part 2  Notice and inquiries

2.Notice under section 278 of the Act

The Legal Costs Committee has complied with the notice provisions of section 278 of the Act.

3.Inquiries and submissions under section 277 of the Act

Before making the Legal Profession (Public Notaries) Determination 2019 the Legal Costs Committee

(a)reviewed all submissions received as a result of the notice given under section 277 of the Act;

(b)consulted with the Public Notaries Society of Western Australia Incorporated;

(c)considered the rates applicable to the work undertaken by Public Notaries in other Australian jurisdictions; and

(d)considered the hourly and daily rates applicable under the Legal Profession (Solicitors Costs) Determination 2019*.

*To be published in the Government Gazette on or about the same time as the Legal Profession (Public Notaries) Determination 2019.

Part 3  Report of the Legal Costs Committee’s conclusions

4.Adjustment in fees

The Legal Costs Committee had regard to submission made by the Public Notaries Society of Western Australia Incorporated and resolved that prevailing market and economic considerations warranted an increase in the rates set out in Table A of the Legal Profession (Public Notaries) Determination 2017.

5.Scale of costs to be adopted

It is the determination 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 Table A to clause 4 of the Legal Profession (Public Notaries) Determination 2019 be adopted for the business of Public Notaries.

 

Schedule

Legal Profession Act 2008

Legal Profession (Public Notaries) Determination 2019

1.Citation

This Determination may be cited as the Legal Profession (Public Notaries) Determination 2019.

2.Commencement

This Determination comes into operation on 1 July 2019.

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, inclusive of GST, for those services set out in the Table A to this clause.

Table A

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

140


70

 

(b)

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

140

 

(c)

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

140

 

(d)

For completing a second and third certificate, if required

70

 

(e)

For preparing an exhibit to an affidavit, affirmation or declaration and for completing an exhibit

70

 

(f)

For each page over and above the first 5 pages which requires signing by each deponent or declarant and witnessing by the Public Notary

0.70

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

 


140

70

 

(b)

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

140

 

(c)

For each page over and above the first 5 pages which requires signing by the party or parties and witnessing by the Public Notary

0.77

 

(d)

For documents requiring notarisation in public or solemn form by requiring the notary to certify to the effect that “the document was read to the appearer, who listened, confirmed it and agreed to its contents”, an additional charge—

For the first page

For each folio (100 words) thereafter

105

14

3

Verification of copies of documents:

 

 

(a)

For examining, with the original, a photocopy of the document

for each additional page exceeding the first

77

7

 

(b)

For examining, with the original, a copy of a document other than a photocopy

140

 

(c)

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

140

 

(d)

For each page over and above the first 5 pages which requires signing by the Public Notary

0.38

4

Certificates under seal not otherwise prescribed by this scale:

 

 

For preparing a notarial certificate and for completing the certificate

132

5

Bills of Exchange:

 

 

(a)

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

222

 

(b)

For presenting bill—a fee for the time so occupied calculated in accordance with the Legal Profession (Solicitors Costs) Determination 2019* or any subsequent determination made in substitution for that determination

 

 

(c)

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

222

 

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)

280

 

(b)

Preparing and attesting extension of ship’s protest

280

7

Duplicates:

 

 

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

(a)for each copy, after the first, up to the tenth: one half of the prescribed fee

(b)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 Profession (Solicitors Costs) Determination 2019* or any subsequent determination made in substitution for that determination, 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

*To be published in the Government Gazette on or about the date of this Determination.

 

 

Notes

1This is a compilation of the Legal Profession (Public Notaries) Determination 2019. The following table contains information about that determination.

Compilation table

Citation

Gazettal

Commencement

Legal Profession (Public Notaries) Determination 2019

27 Jun 2019 p. 2467-9

1 Jul 2019 (see cl. 2)