Legal Profession (Public Notaries) Determination 2017 (WA)

2974	GOVERNMENT GAZETTE, WA	20 June 2017
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LEGAL PROFESSION ACT 2008

LEGAL PROFESSION (PUBLIC NOTARIES) REPORT 2017

Made by the Legal Costs Committee under Division 5 of Part 10 of the Legal Profession Act 2008

(Act).

PART 1—PRELIMINARY

1. Citation

in Table A of the Legal Profession. (Public Notaries) Determination 2015.
(1)	This Report may be cited as the Legal Profession (Public Notaries) Report 2017.
(2)	The determination set out in the Schedule to this Report is referred to in this Report as the Legal

Profession (Public Notaries) Determination 2017.

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 2017 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 Courts, Law Society of Western Australia, Western Australian Bar

Association and the Public Notaries Society of Western Australia Incorporated; and

(c) considered the hourly and daily rates applicable under the Legal Profession (Solicitors Costs)

Determination 2017* .

PART 3—REPORT OF THE LEGAL COSTS COMMITTEE'S CONCLUSIONS

4. No adjustment in fees

and considered the matters set out in the Legal Profession. (Solicitors Costs) Report 2017 and resolved that prevailing market and economic considerations did not warrant an increase in the rates set out

20 June 2017	GOVERNMENT GAZETTE, WA	2975
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 Table A to clause 4 of the Legal Profession (Public Notaries) Determination 2017 be adopted for the business of Public Notaries.

(2) It is the further recommendation of the Legal Costs Committee given that the amendments to the scale of costs in the manner set out in Table A 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.

* To be published in the Government Gazette on or about the same time as the Legal Profession

(Public Notaries) Determination 2017.

CLARE THOMPSON, Chair.
ANGELA GAFFNEY, Member.
MARCUS COCKER, Member.
JANICE DUDLEY, Member.
MATTHEW CURWOOD, Member.

BRENDAN ASHDOWN, Member.

Schedule

LEGAL PROFESSION ACT 2008

LEGAL PROFESSION (PUBLIC NOTARIES) DETERMINATION 2017

Made by the Legal Costs Committee under section 275 of the Legal Profession Act 2008 (Act).

1. Citation

This Determination may be cited as the Legal Profession (Public Notaries) Determination 2017.

2. Commencement

This Determination comes into operation on 1 July 2017.
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	Matter	Maximum
No.	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	132
and for each additional deponent, affirmant or declarant swearing,	66
affirming or declaring at the same time

(b)	For preparing an affidavit, affirmation or declaration verifying the	132
execution of a document by a company or by a person
(c)	For preparing a notarial certificate in respect of an oath, affirmation or	132
declaration and for completing the certificate
(d)	For completing a second and third certificate, if required	66
(e)	For preparing an exhibit to an affidavit, affirmation or declaration and	66
for completing an exhibit
(f)	For each page over and above the first 5 pages which requires signing by	0.66
each deponent or declarant and witnessing by the Public Notary

2        Deeds and other documents:

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

where there is one party	132
and for each additional party signing at the same time	66

(b)	For preparing a notarial certificate in respect of the attestation and for	132
completing the certificate

2976	GOVERNMENT GAZETTE, WA	20 June 2017
Item	Matter	Maximum
No.	amount

$

(c)	For each page over and above the first 5 pages which requires signing by	0.66
the party or parties and witnessing by the Public Notary

3     Verification of copies of documents:

(a) For examining, with the original, a photocopy of the document 66

for each additional page exceeding the first 6.60

(b)	For examining, with the original, a copy of a document other than a	132
photocopy
(c)	For preparing a notarial certificate verifying a copy of a document and	132
for completing the certificate
(d)	For each page over and above the first 5 pages which requires signing by	0.33
the Public Notary

4     Certificates under seal not otherwise prescribed by this scale:

For preparing a notarial certificate and for completing the certificate 121

5 Bills of Exchange:

(a)	For noting a bill of exchange, entering in the register and supplying one	209
copy of note
(b)	For presenting bill—a fee for the time so occupied calculated in
accordance with the Legal Profession (Solicitors Costs) Determination 2017* or any subsequent determination made in substitution for that determination
(c)	For preparing, issuing and entering a protest of a bill of exchange and	209
supplying one copy of protest

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 264

required)

(b) Preparing and attesting extension of ship's protest 264

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: 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 2017* 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	1 00 pe r
is otherwise made in this Determination	pze:;e

* To be published in the Government Gazette on or about the date of this Determination
Made by the Legal Costs Committee on 14 June 2017.