Legal Profession (Public Notaries) Determination 2019 (WA)
27 June 2019 GOVERNMENT GAZETTE, WA 2467 LEGAL PROFESSION ACT 2008 LEGAL PROFESSION (PUBLIC NOTARIES) REPORT 2019
Made by the Legal Costs Committee under Division 5 of Part 10 of the Legal Profession Act 2008
(Act).
PART 1—PRELIMINARY
1. Citation
(1) This Report may be cited as the Legal Profession (Public Notaries) Report 2019.
(2) 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*. 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.
*To be published in the Government Gazette on or about the same time as the Legal Profession (Public
Notaries) Determination 2019
CLARE THOMPSON, Chair.
ANGELA GAFFNEY, Member.
MARCUS COCKER, Member.
JANICE DUDLEY, Member.
MATTHEW CURWOOD, Member.
BRENDAN ASHDOWN, Member.
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| 2468 | GOVERNMENT GAZETTE, WA | 27 June 2019 |
Schedule
LEGAL PROFESSION ACT 2008
LEGAL PROFESSION (PUBLIC NOTARIES) DETERMINATION 2019
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 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.
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Table A
SCALE OF PUBLIC NOTARIES FEES
Maximum
Item
Matter amount
No
$
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 140 and for each additional deponent, affirmant or declarant swearing, affirming or declaring at the same time 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
Deeds and other documents:
(a) Witnessing and attesting the execution or signing of a deed or other document—
where there is one party 140 and for each additional party signing at the same time 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 105 For each folio (100 words) thereafter 14
27 June 2019 GOVERNMENT GAZETTE, WA 2469
Maximum
Item
Matter amount
No
$
3 Verification of copies of documents:
(a) For examining, with the original, a photocopy of the document 77
for each additional page exceeding the first 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 services6 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 1.00 per allowance is otherwise made in this Determination page
*To be published in the Government Gazette on or about the date of this Determination
Made by the Legal Costs Committee on 19 June 2019.
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