Public Notaries
Public Notaries record legal transactions for use abroad under foreign law. A notarial act is certification of authenticity. Notice No. 13 of 2008 (pdf 36 KB) is prepared for the guidance of practitioners seeking appointment as a Public Notary in the State of Victoria.
Candidates wishing to apply for the appointment of Public Notary, must satisfy the criteria set out in Part 2, s.4 of the Public Notaries Act 2001. A person cannot be appointed as a public notary unless the person:
- is a natural person
- is an Australian lawyer
- subject to section 5(7), has held a Principal’s Practising Certificate for a period of five years and an Australian practising certificate authorising the person to engage in legal practice as a principal
- has completed, to the satisfaction of the Board of Examiners, a course of study related to notorial practice approved by the Council of Legal Education;
At the present time the only institution in Victoria offering a course of study which satisfies the criteria is The Sir Zelman Cowen Centre for Continuing Legal Education at Victoria University.
The legislation which governs the appointment of Public Notaries in Victoria is the Public Notaries Act 2001 and the Supreme Court (Miscellaneous Civil Proceedings) Rules 1998.
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