Supreme Court (Chapter II Amendment No. 4) Rules 2002 (Vic)

Supreme Court (Chapter II Amendment No. 4)

Rules 2002

S.R. No. 37/2002

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Rules	1
5.	New Order 15A inserted	1
ORDER 15A	2
PUBLIC NOTARIES	2
15A.01	Definitions	2
15A.02	Application for certificate of eligibility	2
15A.03	Certificate of eligibility	2
15A.04	Application for appointment as public notary	2
15A.05	Notice of application for appointment	3
15A.06	Oath of Office	3
15A.07	Notification after appointment	3
15A.08	Appeal from Board of Examiners	4
15A.09	Roll of public notaries	4
6.	Consequential amendment	5
7.	New Forms inserted	5
Form 2−15AA—Application for certificate of eligibility	5
Form 2–15AB—Certificate of eligibility	8
Form 2−15AC—Affidavit in support of application for

appointment 9

Form 2–15AD—Notice of intention to apply for appointment

as a public notary 10

Form 2–15AE—Oath of office	10
Form 2–15AF—Notification of particulars and specimen seal	11

═══════════════

ENDNOTES 13

i

STATUTORY RULES 2002

S.R. No. 37/2002

Supreme Court Act 1986

Supreme Court (Chapter II Amendment No. 4)

Rules 2002

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to amend the
Principal Rules to provide for the appointment and
enrolment of public notaries under the Public

Notaries Act 2001.

2. Authorising provision

These Rules are made under section 25 of the powers.

3. Commencement

These Rules come into operation on 6 June 2002.

4. Principal Rules

In these Rules, the Supreme Court (Miscellaneous
Civil Proceedings) Rules 19981 are called the

Principal Rules.

5. New Order 15A inserted

After Order 15 of the Principal Rules insert—

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 5

S.R. No. 37/2002

'ORDER 15A

PUBLIC NOTARIES

15A.01 Definitions

In this Order—

"the Act" means the Public Notaries Act

2001;

"the Secretary" means the Secretary to the

Board of Examiners for Legal

Practitioners.

15A.02 Application for certificate of eligibility

(1) An application under section 5(1) of the Act

shall be in Form 2−15AA.

(2) The application shall be lodged with the

Secretary, together with a cash register receipt or other evidence in proof that the applicant has paid the fee payable under section 5(3) of the Act.

(3) An applicant shall provide to the Secretary

such further or other information as the

Board requires.

15A.03 Certificate of eligibility

A certificate of eligibility under section 5(8)

of the Act shall be in Form 2−15AB.

15A.04 Application for appointment as public

notary

(1) An application under section 6(1) of the Act shall be made by filing an originating motion in Form 5D of Chapter I of the Rules,

together with an affidavit in Form 2−15AC
and the certificate of eligibility from the
Board of Examiners.

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 5 S.R. No. 37/2002

(2) The application shall be heard by the Chief

Justice in open court.

15A.05 Notice of application for appointment

Not less than 14 days before the day named in the originating motion for the hearing of the application under section 6(1), the

applicant shall—

(a)	lodge with the Secretary notice of intention to apply in Form 2–15AD; and
(b)	post a copy of the notice in the Supreme Court in the manner directed by the Secretary.

15A.06 Oath of Office

The applicant for appointment shall take an

oath of office in Form 2−15AE.

15A.07 Notification after appointment

(1) Within one month after appointment, a

public notary shall—

(a) file; and

(b) deliver to the Legal Practice Board—

notification of particulars and specimen seal

in Form 2−15AF.

(2) Within one month after any change in the

particulars or the specimen seal, the public

notary shall—

(a) file; and

(b) deliver to the Legal Practice Board—

notification of the change.
Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 5

S.R. No. 37/2002

15A.08 Appeal from Board of Examiners

An appeal under section 7(1) of the Act shall
be brought in accordance with Order 4
which, so far as applicable to an appeal to
the Trial Division, shall apply subject to
section 7 and with any necessary

modification.

15A.09 Roll of public notaries

(1) A request by a public notary under section 8(5) of the Act shall be made in writing to the Prothonotary.

(2) Upon a request being made under

paragraph (1), the Prothonotary may—

(a)	remove the name of the public notary from the roll of public notaries forthwith; or
(b)	refer the request to a Judge who may make an order that the name be removed from the roll forthwith or as circumstances require.

(3) Upon the name of a person being removed

from the roll of public notaries—

(a)	the person ceases to be a public notary under the Act;
(b)	the Prothonotary shall inform the Legal Practice Board in writing that the person's name has been so removed.

(4) For the purposes of section 8(6) of the Act, a

public notary ceases to be admitted to legal
practice in Victoria when the name of the
public notary is removed from the roll of
legal practitioners which is kept by the
Court.'.

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 6 S.R. No. 37/2002

6. Consequential amendment

In Rule 4.01(2) of the Principal Rules, for "or 15" substitute ", 15 or 15A".

7. New Forms inserted

After Form 2–14 of the Principal Rules insert—

'Rule 15A.02

FORM 2−15AA

APPLICATION FOR CERTIFICATE OF

ELIGIBILITY

IN THE SUPREME COURT OF VICTORIA
IN THE MATTER of the Public Notaries Act 2001
and
IN THE MATTER of an application by [full name]

TO: The Secretary

Board of Examiners for Legal Practitioners
Supreme Court of Victoria
210 William Street

Melbourne Vic 3000

I, [full name, address and occupation], hereby apply to the
Board for a certificate that I am eligible to be appointed as a
public notary under the Public Notaries Act 2001 of the

State of Victoria.

(Date:)

(Signed:)

[State clearly: Mr, Ms, Mrs, Miss]

MY DATE OF BIRTH is:

MY BUSINESS TELEPHONE NUMBER is:

AS REQUIRED, I SUPPLY THE FOLLOWING
INFORMATION:

1.    I am duly admitted to legal practice in the State of Victoria and am on the roll of legal practitioners kept by the Supreme Court.

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 7

S.R. No. 37/2002

2.    I am *a/the principal of the firm of [firm name] and I carry on practice at the office of that firm at [address where the applicant most often works]. [*The firm also

has offices in [identify the location of the firm's other
offices, if any] ].

3.    I have held for a period of [number] years a practising certificate authorising me to engage in legal practice as a principal in Victoria and a certificate of standing

issued by the Law Institute of Victoria is annexed
hereto.

4.    I have completed a course of study related to notarial practice approved by the Council of Legal Education, namely the course [identify the course of study

undertaken and completed], and a certificate from the
[name of institution] that I have completed that course is
annexed hereto.

5. If a certificate of eligibility is granted to me and I apply to be appointed as a public notary under the Public Notaries Act 2001, I wish to comply with Rule 15A.06 of Chapter II of the Rules of the Supreme Court by *taking an oath/making an affirmation.

6.    [*Subject to paragraph 7,] I have never been suspended from practice or found guilty of professional misconduct or unsatisfactory professional conduct in this or any other jurisdiction and to the best of my knowledge and belief no complaint against me to a professional body or association is pending either in Victoria or elsewhere.

*7. I bring to the notice of the Board the facts set out in the
document which is exhibited to my affidavit and I ask
the Board to consider whether those facts adversely
affect my application.

*Delete if inapplicable

AFFIDAVIT OF VERIFICATION

I, [full name, address and occupation], make oath and say as follows:

1.    I am the abovenamed applicant.

2.    All of the information set out in this application is to the best of my knowledge and belief true and correct in every particular and the annexures are what they purport to be.

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 7 S.R. No. 37/2002

*3.	Now produced and shown to me and marked with the letter "A" is the document setting out the further facts that I seek to draw to the Board's attention, all of which
further facts are to the best of my knowledge and belief true and correct in every particular.

Sworn, etc.

*Delete if inapplicable

__________________

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 7

S.R. No. 37/2002

Rule 15A.03

FORM 2–15AB

CERTIFICATE OF ELIGIBILITY

[heading as in Form 2−15AA]

IT APPEARING TO the Board of Examiners for Legal the satisfaction of the Board a course of study related to notarial practice approved by the Council of Legal Education and—

*otherwise meets all of the requirements of section 4 of the

Public Notaries Act 2001

[or]

*otherwise meets all of the requirements of section 4 of the paragraph (c) which the Board—

*varied as follows, that is to say, by requiring instead

[insert details].

THE BOARD OF EXAMINERS CERTIFIES THAT
[full name, address and occupation]

is eligible for appointment as a public notary under that Act.

Dated:

Signed, for the Board of Examiners,

Members:

*Delete if inapplicable

__________________

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 7 S.R. No. 37/2002

Rule 15A.04

FORM 2−15AC

AFFIDAVIT IN SUPPORT OF APPLICATION FOR

APPOINTMENT

[heading as in Form 2–15AA]

I, [full name, address and occupation], make oath and say as follows—

1. I am the abovenamed applicant and I make this affidavit in support of my application for appointment as a public notary under the Public Notaries Act 2001 ("the Act").

2.    I was born on [date].

3.    I am *a/the principal of the firm of [name] and I carry on practice at [address].

4.    The Board of Examiners has issued to me a certificate of eligibility dated [date] under section 5 of the Act, certifying that I am eligible for appointment as a public notary, and I have filed that certificate with the originating motion in this proceeding.

*5. Now produced and shown to me and marked with the
letter "A" is a cash register receipt [or other evidence, as
the case may be] in proof that I have paid the fee
referred to in section 6(3) of the Act.

Sworn, etc.

*Delete if inapplicable

__________________

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 7

S.R. No. 37/2002

Rule 15A.05

FORM 2–15AD

NOTICE OF INTENTION TO APPLY FOR APPOINTMENT AS A PUBLIC NOTARY

[heading as in Form 2–15AA]

TAKE NOTICE that I, [full name, address and occupation], intend to apply on [date] at [time] to the Court constituted by the Chief Justice for appointment as a public notary under section 6 of the Public Notaries Act 2001.

I am *a/the principal of the firm of [name] of [address].

Dated:

[Signed]

*Delete if inapplicable

__________________

Rule 15A.06

FORM 2–15AE

OATH OF OFFICE

full nameaddress

I, [] of [], swear by Almighty God that, if honestly conduct myself in the practice of a public notary in the State of Victoria according to the best of my knowledge, skill and ability.

__________________

Supreme Court (Chapter II Amendment No. 4) Rules 2002

r. 7 S.R. No. 37/2002

Rule 15A.07

FORM 2–15AF

NOTIFICATION OF PARTICULARS AND

SPECIMEN SEAL

[heading as in Form 2−15AA]

TO the Prothonotary

AND TO the Legal Practice Board

TAKE NOTICE that pursuant to the provisions of the public notary on [date].

My particulars are as follows:

Name:
Address:
Date of birth:
Firm Name:
Telephone No:
Facsimile No:

DX No:

Dated:

Signed:

SPECIMEN

IMPRINT OF SEAL:  '.

Supreme Court (Chapter II Amendment No. 4) Rules 2002

S.R. No. 37/2002

Dated: 30 May 2002

J. H. PHILLIPS, C.J. JOHN WINNEKE, P. W. F. ORMISTON, J.A.

JOHN D. PHILLIPS, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
F. H. R. VINCENT, J.A.
G. M. EAMES, J.A.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.
ALLAN W. McDONALD, J.
D. L. HARPER, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
E. W. GILLARD, J.
MURRAY B. KELLAM, J.
M. L. WARREN, J.
BERNARD D. BONGIORNO, J.
D. J. HABERSBERGER, J.
G. R. FLATMAN, J.

R. S. OSBORN, J.

═══════════════

Supreme Court (Chapter II Amendment No. 4) Rules 2002

Endnotes S.R. No. 37/2002

ENDNOTES

1 Rule 4: S.R. No. 110/1998 as amended by S.R. Nos 132/1999, 97/2000 and

73/2001.