Notaries Public Act 1984 (ACT)

The Notaries Public Act 1984 (ACT) was the subject of a legal dispute in which the central issue was the removal of a notary public's name from the roll. The Supreme Court was tasked with determining whether the notary's name should be removed due to their conduct and whether the process for such removal was correctly followed.

The court had to decide whether the notary's conduct warranted their removal from the roll, as permitted under the Act. This involved examining the specific conduct in question and determining if it met the threshold for removal as stipulated by the Act. Additionally, the court needed to ascertain whether the process for removing the notary's name from the roll was properly adhered to, including whether the correct documentation and notifications were provided.

The court found that the notary's conduct did indeed warrant their removal from the roll. The court also determined that the process for removal was correctly followed. This included verifying that the Supreme Court had the authority to order the removal, and that the registrar had acted in accordance with the Act in altering the roll. The court was satisfied that all procedural requirements were met and that the notary's removal was justified based on their conduct.

The Supreme Court ordered that the notary's name be removed from the roll. The registrar was directed to make the necessary changes to the roll, and the law society council was instructed to provide the required notifications. The decision underscored the importance of maintaining the integrity of the notary public roll and the procedures for ensuring that only qualified individuals are permitted to exercise the functions of a notary public.