Legal Practitioners (Public Notaries) Determination 1999 (WA)

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WESTERN	5145
AUSTRALIAN GOVERNMENT

PERTH, THURSDAY, 21 OCTOBER 1999 No. 199 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM

LEGAL PRACTITIONERS ACT 1893

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INTERPRETATION ACT 1984

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LEGAL PRACTITIONERS

(PUBLIC NOTARIES)
REPORT 1999

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PUBLIC NOTARIES
DETERMINATION 1999

5146	GOVERNMENT GAZETTE, WA	[21 October 1999
21 October 1999]	GOVERNMENT GAZETTE, WA	5147

LEGAL PRACTITIONERS ACT 1893

INTERPRETATION ACT 1984

LEGAL PRACTITIONERS (PUBLIC NOTARIES) REPORT 1999

Made by the Legal Costs Committee under section 58ZA of the Legal Practitioners

Act 1893 and section 25 of the Interpretation Act 1984.

PART 1—PRELIMINARY

Citation
1. (1) This report may be cited as the Legal Practitioners (Public Notaries) Report
1999.
(2) The determination set out in the Schedule to this report is referred to in this

report as the Public Notaries Determination 1999.

PART 2—NOTICE AND INQUIRIES

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

of the Legal Practitioners Act 1893.

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

3. (1) Before making the Public Notaries Determination 1999 the Legal Costs Committee reviewed all submissions received as a result of the notice given under section 58Y of the Legal Practitioners Act 1893.

(2) The Legal Costs Committee consulted with the Court.
(3) The Legal Costs Committee consulted with the Public Notaries Committee of the

Law Society of Western Australia (Inc).

PART 3—REPORT OF COMMITTEE’S CONCLUSIONS

Scale of costs amended

4. 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 be varied in the manner set out in the Table to clause 4 of the Public Notaries Determination 1999.

Ted Sharp, Chairman.
Chris Pullin QC, Deputy Chairman.
Patrick Coward, Member.
Angela Gaffney, Member.
Jill Vander Wal, Member.

Janet Davidson, Member.

Schedule

LEGAL PRACTITIONERS ACT 1893

INTERPRETATION ACT 1984
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.

Citation

1. This determination may be cited as the Public Notaries Determination 1999.

Commencement
2. This determination comes into operation on the day on which the Public Notaries

Amendment Act 1997 comes into operation.

Application
3. (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.

5148 GOVERNMENT GAZETTE, WA [21 October 1999

Scale of costs
4. 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	40
and for each additional deponent, affirmant or
declarant swearing, affirming or declaring at the
same time	6

(b) For preparing an affidavit, affirmation or declaration

verifying the execution of a document by a company or

by a person 27
(c)	For preparing a notarial certificate in respect of an oath,
affirmation or declaration 27
(d)	For completing the certificate 14
(e)	For completing a second and third certificate (if
required) 14
(f)	For preparing an exhibit to an affidavit, affirmation or
declaration 6
(g)	For completing an exhibit 3

2            Deeds and other documents:

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

where there is one party	40
and for each additional party signing at the same
time	6

(b)	For preparing a notarial certificate in respect of the
attestation 27
(c)	For completing the certificate 14

3            Verification of copies of documents:

(a)	For examining with the original a photographic copy
of the document 14

for each page exceeding one 1.40

(b)	For examining with the original a copy of a document
other than a photographic copy 27

for each folio exceeding five 3

(c)	For preparing a notarial certificate verifying a copy
of a document 27
(d)	For completing the certificate 14

4            Certificates under seal not otherwise prescribed by this scale:

(a)	For preparing a notarial certificate	27
(b)	For completing the certificate	14

5            Bills of Exchange:

(a)	For noting a bill of exchange, entering in the register
and supplying one copy of note 85
(b)	For presenting bill—a fee for the time so occupied calculated in accordance with the Solicitors Costs Determination 1998*

21 October 1999] GOVERNMENT GAZETTE, WA 5149

Item No Matter $

(c)	For preparing, issuing and entering a protest of a bill
of exchange and supplying one copy of protest 85

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) 85
(b)	Preparing and attesting extension of ship’s protest 110

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 Solicitors Costs Determination 1998* having regard to the time skill and responsibility involved.

*[Published in the Gazette 12 August 1998 pp. 4384-89]

Dated at Perth 12 October 1999.