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

i 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 -- 1 of 14 -- 1 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 Supreme Court Act 1986 and all other enabling 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— -- 2 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 2 '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. r. 5 -- 3 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 3 (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. r. 5 -- 4 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 4 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.'. r. 5 -- 5 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 5 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. r. 6 -- 6 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 6 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. r. 7 -- 7 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 7 *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 __________________ r. 7 -- 8 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 8 Rule 15A.03 FORM 2–15AB CERTIFICATE OF ELIGIBILITY [heading as in Form 2 −15AA] IT APPEARING TO the Board of Examiners for Legal Practitioners that the person named below has completed to 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 Public Notaries Act 2001 except the requirement of paragraph (c) which the Board— *dispensed with [or] *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 __________________ r. 7 -- 9 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 9 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 __________________ r. 7 -- 10 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 10 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 I, [full name] of [address], swear by Almighty God that, if I am appointed a public notary by the Court, I will truly and 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. __________________ r. 7 -- 11 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 11 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 Notaries Act 2001 I was appointed and enrolled as a 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: '. r. 7 -- 12 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 12 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. ═══════════════ -- 13 of 14 -- S.R. No. 37/2002 Supreme Court (Chapter II Amendment No. 4) Rules 2002 13 ENDNOTES 1 Rule 4: S.R. No. 110/1998 as amended by S.R. Nos 132/1999, 97/2000 and 73/2001. Endnotes -- 14 of 14 --