3, Sussex Terrace, Hawthorn, South
Telephone: 0435 588 775
This page is about my
notarial practice and what you should expect if you request my
services. You may wish to read "What
is a Notary Public?"
- My overriding duty is to ensure, to the
extent that is reasonably possible, the integrity of the transaction.
Individuals, institutions, courts and governments throughout
rely on my signature and notarial 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.
- My task
is therefore a very serious one,
carrying heavy responsibility. No
matter how simple it may seem, a notarial act is never a mere formality.
- It is not part
of my duty to advise on the
efficacy or appropriateness of any foreign document brought before me
notarial intervention. Such advice should be sought from a lawyer who
is competent and knowledgeable in the law of the relevant foreign
- Verification of
identity of each party
is the most fundamental component of every notarial act. I
will therefore require you to produce to me sufficient
documentation (usually more than one document) to verify your identity.
- If your residential
address or date
of birth or antecedents or any other distinguishing fact is critical to
the transaction, you must also produce documentation which verifies these facts.
- You should produce to
documents in your name or former name -
current Australian passport; or
current passport issued by a foreign
containing a current Australian visa and/or an entry stamp issued by
Australian immigration authorities at the point of entry; or
Australian citizenship certificate; or
Australian Defence Force identity card or
discharge documents; or
South Australian firearms licence;
current Australian driver's licence; or
recent statement of an account at an
financial institution; or
recent notice of assessment or invoice for an
Australian government or local government tax or rate; or
recent utility invoice, e.g., for
water, electricity, gas, telecommunications; or
Australian marriage certificate; or
relevant, documentary evidence of change
other document which, in conjunction with
above, will tend to verify identity for the purposes of the transaction
- If you are to
appear before me representing another person, you must also produce to
me, in addition to
satisfactory evidence to verify personal identity, the original
document evidencing your authority, such as a power of attorney, an
agency appointment, a grant of probate or letters of administration, or
- If you are to appear
before me representing a company, and you are not
an officer of the company, you must produce to me, in addition to
satisfactory evidence to verify personal identity, the
- a current
certificate of registration of the
power of attorney authorising you to
act on the company's behalf.
- 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
that your attendance will be a
short one, so allow plenty of time in case it is needed.
- A second
may be necessary, depending on the
nature and complexity of the matter.
- You must bring
you, to the first attendance, in
addition to the identity documents mentioned above -
document(s) which I am to sign and seal, if
have them; and
documents in respect of which I am to provide
notarial certificate; and
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
documents from the originating jurisdiction
contain instructions for completion and authentication
of the notarial act (it is strongly recommended that you obtain such
instructions so as to minimise the possibility of error or omission);
other related documents which may help to
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
pin or otherwise bind the documents
before attending. However, if the documents are already stapled or
bound, leave them as they are.
- It will be
helpful to send or deliver all the necessary documents to me several
days before your appointment.
The notarial act
- A notarial act
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 specially
endorsed on, or attached to, the document to which it relates.
- If the
is attached, it will usually be
fastened, in the traditional fashion, by a ribbon and seal in
way as to
make any subsequent interference impossible without causing damage.