3, Sussex Terrace, Hawthorn, South Australia 5062
Telephone: (+ 61 8) 8172 1222
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NOTARIAL PRACTICE

This page contains information about my notarial practice and what you should expect if you ask me to act in my capacity as a Notary Public. You may wish to read "What is a Notary Public?" first. 

General

My notarial seal

• The notary's overriding duty is to ensure, to the extent that is reasonably possible, the integrity of the transaction. Individuals, institutions, courts and governments throughout the world rely on the notary's signature and seal as an assurance that the document concerned, and the transaction embodied in it, complies with our local law and is not tainted by violence, fraud, forgery, error, omission or any other vitiating factor.

• The notary's task is therefore a very serious one, carrying heavy responsibility, and, no matter how simple it may appear, it is never a mere formality.

• It is not part of a notary's duty to advise on the efficacy or appropriateness of any foreign document brought before him for notarial intervention. Such advice should be sought from a lawyer who is competent and knowledgeable in the law of the relevant foreign jurisdiction.

Identification

• Verification of the identity of each party is the most fundamental component of every notarial act. I will therefore require every party to produce to me sufficient documentation (usually more than one document) to verify his or her or its identity.

• In a case where the party's residential address or date of birth or antecedents or any other distinguishing fact is critical to the transaction, the documentation must verify these facts as well.

• As a guide, each individual should produce to me the following original documents in his or her name or former name -

• a current Australian passport; or
• a current passport issued by a foreign government, containing a current Australian visa and/or an entry stamp issued by Australian immigration authorities at the point of entry; or
• an Australian citizenship certificate; or
• an Australian Defence Force identity card or discharge documents; or
• a South Australian firearms licence;
• PLUS
• an Australian birth certificate; or
• a current Australian driver's licence; or
• a recent statement of an account at an Australian financial institution; or
• an Australian marriage certificate; or
• where relevant, documentary evidence of change of name; or
• any other document which, in conjunction with those above, will tend to verify identity for the purposes of the transaction concerned.

• As a guide, a person representing a company, who is not an officer of the company, should produce to me, in addition to satisfactory evidence to verify personal identity, the following original documents -

• a current ASIC certificate of registration of the company; and
• any resolution or power of attorney authorising him or her to act on the company's behalf.

Attendance

• You must attend personally before me, by prior appointment. This will usually mean coming to my office. In some cases, I may be able to come to your residence or place of work, but, if I am to do so, my fees will include a component for the extra time and expense incurred.

• You must not assume that your attendance will be a short one, so allow plenty of time in case it is needed.

• A second attendance may be necessary, depending on the nature and complexity of the matter.

• You must bring with you, to the first attendance, in addition to the identity documents mentioned above -

• the document(s) which I am to sign and seal, if you have them; and
• the documents in respect of which I am to provide my notarial certificate; and
• if I am to certify a copy of any document, the complete original document and a high quality, complete and accurate photocopy, two-sided if applicable, and in colour if applicable (if the original is larger than A4 size, the copy may be a reduction to A4 size); and
• all documents from the originating jurisdiction which contain instructions for completion of the notarial act; and
• any other related documents which may help to explain the context, purpose and history of the transaction.

• If any of the documents is written in a foreign language, or if you cannot speak or understand English, a translator and/or interpreter will be required and special arrangements will be necessary. Alternatively, you should engage a notary who reads and speaks the relevant language.

• Do not staple or pin or otherwise bind the documents before attending.

• It will often be helpful to send or deliver all the necessary documents to me several days before your appointment.

The Notarial Act

• A notarial act has been defined as "the act of a notary public authenticated by his signature and official seal, certifying the due execution in his presence of a deed, contract or other writing, or verifying some fact or thing of which the notary has certain knowledge" : NP Ready, Brooke's Notary (10th ed, 1988) 53.

• Apart from the simplest of notarial acts, the act will usually be in the form of a certificate, specially drafted, and endorsed on, or attached to, the document to which it relates.

• If the certificate is attached, it will usually be fastened, in the traditional fashion, by a ribbon in such a way as to make any subsequent interference impossible without causing damage.

Apostille

• The Convention of 5 October 1961, Abolishing the Requirement of Legalisation for Foreign Public Documents, known as The Hague Apostille Convention ("the Convention"), provides a relatively simple method, for those countries which are party to the Convention, for the signatures and seals of notaries to be authenticated in the country of origin and recognised in the country of destination.

• Australia is a party to the Convention. In the case of any document to be used in another country which is a party to the Convention, authentication is provided by way of an "apostille". This is a special certificate, provided by the Department of Foreign Affairs and Trade ("DFAT"), for a fee. It is placed directly on the document itself or on a separate attached page (called an "allonge").

• A list of countries which are parties to the Convention is at the website of the Hague Conference on Private International Law.

• My service can include procuring an apostille on your behalf. 

"Legalisation"

• This term is used to describe the process which operated prior to the Convention and still operates for countries which are not parties to the Convention. Briefly put, the process usually involves DFAT authenticating the notary's signature and seal and the diplomatic or consular mission of the relevant country then certifying DFAT's authentication. The process can be protracted and expensive, especially if the relevant country has no diplomatic or consular representation in Australia.

• My service can include procuring "legalisation" on your behalf. 

Fees

• My fees will generally be charged at the rate and in the manner prescribed by Item 7 of the Supreme Court scale in force at the relevant time. The current scale is reproduced here. However, I reserve the right to charge at a higher rate, or on a different basis, in difficult or complex matters.

• I will not generally provide an estimate of my fees. However, any estimate that I do provide must be taken as an estimate only, and not a quotation, and I will not be bound by any such estimate.

• Payment must be made no later than 14 days from date of invoice. Documents will not be released until full payment has been made.