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NOTARIAL SERVICES AVAILABLE AT WORRALL MOSS MARTIN LAWYERS


Notarial Services available at Worrall Moss Martin Lawyers   

At Worrall Moss Martin Lawyers, we have two Notaries:
Peter Worrall LL.B.  TEP  Lawyer and Notary; and
Kate Moss B.Sc. LL.B. TEP  Lawyer and Notary.

An appointment can be made to see either Kate or Peter by calling (03) 6223 8899.   Alternatively, you can send an email providing a contact phone number and your email address, to info@pwl.com.au and one of our support staff will be in contact to provide you with preliminary information, and make an appointment for you with Kate or Peter.

When you make an appointment, you will be asked to provide details about the purpose of the appointment and to describe the documents where you need a Notarial Intervention.   You may be asked to send scanned copies of the documents in advance of your appointment.

Urgent Appointments

Although we understand that you may have a limited time period to have the Notary intervene, please remember that as most Notaries are practising lawyers, they are usually very busy.   We will try and fit you in where possible, but we cannot guarantee an appointment, particularly on short notice.   We can usually see you in 2-3 days.

We do not accept “walk in” appointments.

If we do give you an appointment, particularly on short notice, where our other work may be put on hold to attend to you, you are likely to incur extra costs due to the urgency.   It is always best to book in as soon as possible to avoid this.   Where our Notaries cannot see you, we will refer you to another Notary.

Some useful terms:

  • Appearer: an “Appearer” is the person who wishes to have the Notary undertake a Notarial Intervention which if successfully carried out results in a Notarial Act.   The person who is the client for these purposes, appears before the Notary
  • Notarial Intervention: this is the process of engaging the Notary for the purposes of the Notarial Act where the Appearer appears before the Notary and the Notary intervenes with the documents
  • Notary: the terms “Notary,” “Notary Public” and “Public Notary” are all interchangeable and mean the same thing in Tasmania.   The more modern of these terms is “Notary.”   Every Notary practising in Tasmania holds an appointment from the Supreme Court of Tasmania under the Notaries Public Act 1990

Why are Notaries Necessary?

Foreign countries often have a legal requirement within their system for documents to be authenticated in a particular way when they are signed overseas (for example signed in Tasmania).   The most common system of doing this is for the person who needs to sign the document, to appear before a Notary.   Most countries in the world accept documents where a person who is overseas (in the sense of overseas from that country) where the person appears before a local Notary.   For example documents that are required in Greece, Germany, France, Norway, Canada, the United States, Mexico, Thailand, China, India, Bahrain, all achieve authentication through being signed in Tasmania before a Notary.   There are over 180 countries that accept the process of a Tasmanian Notarial Intervention.

In a technical sense, Notaries are necessary because in a foreign country the legal requirements of that foreign country include a requirement that someone outside that foreign country (for example in Tasmania, Australia) must appear before a Notary (again for example a Tasmanian Notary) in order that the documents that need to be signed or notarised are properly authenticated by the local Notary in order to give those documents validity in the foreign country.

The work of Notaries is essential to commercial certainty and business efficacy in international dealings.   Notarial practice is fundamental as a safeguard against fraud and forgery in international dealings.

The signature seal of the Notary allows people in foreign jurisdictions to be confident about the authenticity of documents and the identity of the person or people with whom they are dealing.

Who can be a Notary?

To become a Notary in Tasmania a person must have practiced as a lawyer for at least five years, be of good fame and character, be competent to act as a Notary and be appointed by the Supreme Court of Tasmania. The legislation in Tasmania that regulates the appointment of Notaries is the Notaries Public Act 1990.

Can a Justice of the Peace Carry Out a Role as a Notary?

A Justice of the Peace cannot act as a Notary.   They are different roles.   If the person you are dealing with overseas advises you to go to a Notary, there is no Justice of the Peace who can carry out the role required.   A Justice of the Peace has, what is usually called, a “domestic role”, in that they are authorised by law to sign, witness and certify documents for use within Tasmania, and in some circumstances other states and territories in Australia.   This domestic role of a Justice of the Peace cannot be compared to the international role of a Notary.   A Notary generally will not carry out Notarial Acts where the document is for use within Australia, even where they are authorised at law to do so.

How many Notaries are there in Tasmania?

As of the 1st January 2019 there were 10 Notaries in Tasmania, two of whom, Kate Moss and Peter Worrall, undertake their Notarial practice at Worrall Moss Martin Lawyers.

Where can a Tasmanian Notary operate their practice?

The geographical limits of a Tasmanian Notary are Tasmania: they can operate anywhere within Tasmania.   They cannot practice as a Notary outside Tasmania, unless they obtain an appointment as a Notary within the other relevant state or territory.  Notaries from overseas, and from other states and territories of Australia, cannot act as a Notary in Tasmania.

Private client work undertaken by Kate Moss and Peter Worrall as Notaries

Peter Worrall and Kate Moss provide through Worrall Moss Martin Lawyers, a wide range of Notarial services for private clients.   Here are some examples of the Notarial work that they do

  • providing Notarial certificates for private clients
  • witnessing signatures as a Notary, of private clients, on powers of attorney which are for use overseas
  • preparing powers of attorney for private clients, which are for use overseas
  • certifying, as a Notary, true copies of documents for use overseas
  • preparing some legal documents in their capacity as a lawyer, prior to exercising their Notarial role
  • dealing with documentation which relates to someone who has died, and the documentation about that death, or the estate of the person who has died needs to be used overseas
  • dealing with documentation for land and property overseas
  • prepare and certify powers of attorney, wills, deeds, contracts and other legal documents for use in Australia and internationally
  • dealing with documentation which relate to a private client’s claim to citizenship of an overseas country
  • attest documents and certify their due execution for use internationally
  • authenticating the identity of private clients
  • authenticating official Government documents and information, for use overseas by private clients
  • administer oaths and declarations for international documents
  • witness signatures to affidavits, statutory declarations, powers of attorney, contracts and other documents for use internationally
  • the exemplification of documents for use internationally
  • note and protest bills of exchange
  • providing certificates of being alive, where this is required for the payment of pensions or payment of income streams during life. These are some time called “Life Certificates”.
  • witnessing the signatures of private clients, to a wide variety of documents where the documents will be used overseas

In each of these cases, the private client is appearing before the Notary to have these things done.

Corporate and commercial work undertaken by Kate Moss and Peter Worrall as Notaries

Kate Moss and Peter Worrall provide through Worrall Moss Martin Lawyers, a wide range of Notarial services for corporate and commercial clients, government and semi-government clients, and trustees of trusts and superannuation funds.   Here are some examples of commercial and corporate work undertaken by Kate Moss and Peter Worrall as Notaries

  • providing Notarial certificates for commercial and corporate documents
  • authentication of commercial and corporate documents to be produced and acted on overseas
  • foreign powers of attorney and other commercial documents executed in Australia for use overseas requiring Notarial certificates for commercial and corporate clients
  • the verification of commercial and corporate documents to be produced and acted on overseas
  • providing Notarial certificates for investment documents overseas
  • providing Notarial verification of documents issued by Australian or state government or semi-government institutions, for production overseas
  • providing Notarial certificates on declarations and receiving affidavits for production overseas
  • providing Notarial certificates for companies and other entities where the Notarial certificate relates to corporate governance, reports, resolutions and minutes
  • prepare ships’ protests
  • documents involving intellectual property which require verification, authentication and certificates of deeds, declarations and related documents
  • advice on and preparation of Certificates of Good Standing for corporations and entities