LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2022
LEGAL PROFESSION (PUBLIC NOTARIES) REPORT 2023
Made by the Legal Costs Committee under Division 1 of Part 6 of the Legal Profession
Uniform Law Application Act 2022 (Act).
PART 1 – PRELIMINARY
1. Citation
(1) This Report may be cited as the Legal Profession (Public Notaries) Report 2023.
(2) The determination set out in the Schedule to this Report is referred to in this Report as
the Legal Profession (Public Notaries) Determination 2023.
PART 2 – NOTICE AND INQUIRIES
2. Notice under section 139 of the Act
The Legal Costs Committee (Committee) has complied with the notice provisions of section
139 of the Act.
3. Inquiries and submissions under section 139 of the Act
Before making the Legal Profession (Public Notaries) Determination 2023 the Legal Costs
Committee:
(a) reviewed the submissions received as a result of the notice given under section 139 of
the Act;
(b) met with the Public Notaries Society of Western Australia Inc.;
(c) held a seminar with members of the Law Society of Western Australia Inc.;
(d) considered the responses to a survey of the legal profession in Western Australia; and
(e) considered the hourly and daily rates applicable under the Legal Profession (Non-
Contentious Business) Determination 2023
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.
PART 3 – REPORT OF THE LEGAL COSTS COMMITTEE’S CONCLUSIONS
4. Adjustment to scale of costs
The information gained as a result of the inquiries and submissions described in clause 3
satisfied the Committee that:
(a) the manner in which legal services are provided and prevailing market and economic
considerations made it appropriate to amend the rates set out in Table A of the Legal
Profession (Public Notaries) Determination 2021; and
(b) to amend the calculation of rates in Table A of the Legal Profession (Public Notaries)
Determination 2023 to take into account the incidental administrative implications of the
calculation of the Goods and Services Tax; and
(c) It is the determination of the Committee, after reviewing the information gained as a result
of the inquiries and submissions described in clause 3, that the scale of costs set out in
Table A to clause 4 of the Legal Profession (Public Notaries) Determination 2023 be
adopted for the business of Public Notaries.
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to be published on or about the date of this Determination
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CLARE THOMPSON SC Chair
JANICE DUDLEY Member
MATTHEW CURWOOD SC Member
CRAIG MCKIE Member
ANNETTE MORGAN Member
GREG RICKIE Member
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Schedule
LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2022
LEGAL PROFESSION (PUBLIC NOTARIES) DETERMINATION 2023
Made by the Legal Costs Committee under section 133 of the Legal Profession Uniform Law
Application Act 2022 (Act).
1. Citation
This Determination may be cited as the Legal Profession (Public Notaries) Determination 2023.
2. Commencement
This Determination comes into operation on 1 July 2023.
3. Application
(1) This Determination applies to the remuneration of a Public Notary for the provision of
notarial services.
(2) This Determination does not apply to the remuneration of a Public Notary based on costs
incurred in respect of instructions taken before the commencement of this Determination.
4. Scale of costs
The fee charged by a Public Notary for providing notarial services shall not exceed the fee,
inclusive of GST, for those services set out in the Table A to this clause.
TABLE A
SCALE OF PUBLIC NOTARIES FEES
Item No
Matter
Maximum
amount
$
1
Affidavits, affirmations and declarations:
(a)
For administering an oath or affirmation or taking a
declaration and for signing the jurat or its equivalent:
where there is one deponent or declarant
and for each additional deponent, affirmant or
declarant swearing, affirming or declaring at the
same time
165
77
(b)
For preparing an affidavit, affirmation or declaration
verifying the execution of a document by a company or
by a person
165
(c)
For preparing a notarial certificate in respect of an oath,
affirmation or declaration and for completing the
certificate
165
(d)
For completing a second and third certificate, if required
77
4
Item No
Matter
Maximum
amount
$
(e)
For preparing an exhibit to an affidavit, affirmation or
declaration and for completing an exhibit
77
(f)
For each page over and above the first 5 pages which
requires signing by each deponent or declarant and
witnessing by the Public Notary
0.88
2
Deeds and other documents:
(a)
Witnessing and attesting the execution or signing of a
deed or other document:
where there is one party
and for each additional party signing at the same
time
165
77
(b)
For preparing a notarial certificate in respect of the
attestation and for completing the certificate
165
(c)
For each page over and above the first 5 pages which
requires signing by the party or parties and witnessing
by the Public Notary
0.88
(d)
For documents requiring notarisation in public or solemn
form by requiring the notary to certify to the effect that
“the document was read to the appearer, who listened,
confirmed it and agreed to its contents”, an additional
charge:
For the first page
For each folio (100 words) thereafter
121
22
3
Verification of copies of documents:
(a)
For examining, with the original, a photocopy of the
document
for each additional page exceeding the first
88
11
(b)
For examining, with the original, a copy of a document
other than a photocopy
165
(c)
For preparing a notarial certificate verifying a copy of a
document and for completing the certificate
165
(d)
For each page over and above the first 5 pages which
requires signing by the Public Notary
0.44
4
Certificates under seal not otherwise prescribed by this
scale:
(a)
For preparing a standard notarial certificate and for
completing the certificate, where the certificate is of a
nature that it is reasonable for the Public Notary to have
developed and maintained a standard precedent
document
165
(b)
For preparing a complex notarial certificate and for
completing the certificate, where the certificate is not of
517
5
Item No
Matter
Maximum
amount
$
a nature that it is reasonable for the Public Notary to
have developed and maintained a standard precedent
document
5
Bills of Exchange:
(a)
For noting a bill of exchange, entering in the register and
supplying one copy of note
275
(b)
For presenting bill – a fee for the time so occupied
calculated in accordance with the Legal Profession
(Non-Contentious Business) Determination 2023
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or any
subsequent determination made in substitution for that
determination
(c)
For preparing, issuing and entering a protest of a bill of
exchange and supplying one copy of protest
275
together with the reasonable disbursements necessarily incurred
in connection with any of those services
6
Ship’s protests:
(a)
Preparing and attesting a ship’s protest including three
copies (if required)
330
(b)
Preparing and attesting extension of ship’s protest
330
7
Duplicates:
Except where otherwise provided, for more than one copy of any
of the above notarial documents completed at the same time:
(a) for each copy, after the first, up to the tenth: one half of
the prescribed fee
(b) for each copy, after the tenth: one quarter of the
prescribed fee
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Miscellaneous services:
For instructions, attendances, correspondence, drawing,
engrossing, travel and all other services not covered by this
scale, or, if so covered, for matters involving unusual work or
difficulty:
a fee calculated in accordance with the Legal Profession
(Non-Contentious Business) Determination 2023 or any
subsequent determination made in substitution for that
determination, having regard to the time skill and
responsibility involved
For photocopies where necessary, including of documents for
which allowance is otherwise made in this Determination
1.10 per page
Made by the Legal Costs Committee on 21 June 2023.
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to be published on or about the date of this Determination
