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1.
What is a Notary
Public?
A
Notary Public is a responsible person appointed by a Superior Court of a State
or Territory (except in Queensland where notaries are appointed under common law
by the Archbishop of Canterbury, England) to witness as a third party the
signing of important documents, to administer oaths and witness Statutory
Declarations and to certify true and correct, copies of original documents both
for national and international purposes.
2.
Why are documents notarised?
To
deter fraud. An impartial witness (a Notary Public) ensures that signatories to
documents are who they say they are and not impostors.
A
Notary Public ensures that signatories to documents have entered into agreements
knowingly and willingly.
In
a society in which national and international business dealings between
strangers and nationalities of different countries are the norm rather than the
exception, a Notary Public creates a trustworthy environment where strangers and
foreign nationals are able to share documents with full confidence in their
authenticity.
Notarised
documents also are considered self-authenticating, which means the signatories
do not need to testify in Court to verify the authenticity of their signatures.
Having a document notarised is “a huge strategic advantage” in litigation.
3.
May any document be notarised?
For
a document to be notarised, it must contain:
The
eschatocol is attached to the document to be notarised with knotted notary
ribbon. The Notary completes the Certificate with appropriate text , signs it,
and then applies his or her seal to complete the notarisation.
4.
Is notarisation required by law?
For
many documents, YES. Certain affidavits, real estate deeds and other documents
may not be legally binding unless they are properly notarised.
5.
How does a Notary Public identify a
signatory?
Generally,
a Notary Public will ask to see a current identification document that has a
photograph, physical description, and a signature. A driver’s license,
military ID or passport will usually be acceptable.
6.
Does notarisation mean that a
document is “true” or “legal”?
NO.
A Notary Public is not responsible for the accuracy or legality of documents
they notarise. Notaries certify the identity of signatories. The signatories are
responsible for the content of the documents.
7.
May a Notary give legal advice or
draft legal documents?
A
Notary Public may give legal advice and draft legal documents in Australia
because notaries in Australia have to be attorneys to be appointed a Notary
Public. But bear in mind that giving of legal advice and preparation of legal
documents is not a notary function itself and additional fees may be charged for
these legal services.
8.
May a Notary Public refuse to serve
people?
Only
if a Notary Public is uncertain of a signatories’ identity, willingness, or
general competence, or has a good reason to suspect fraud.
Notaries
should not refuse to serve anyone because of race, religion, nationality,
lifestyle, or because the person is not a client or customer.
About
Us * Code
of Conduct * JP
Sevice Centre - Locations * Justice
of the Peace - Role * Overview
* Principles
of Operation
Notary
Public: CAIRNS Locations
David
Hannay - Notary Public
Phone:
07 4052 0600
Mobile:
0417 736 316
E-mail:
dhannay@hanlaw.com.au
Address:
David G Hannay: Solicitor & Notary Public
Suite 25,
12-14 Lake Street, Cairns QLD 4870
Opening
Hours:
Monday
<> Friday: 9:00
am - 5:00 pm
Saturday
& Sunday: Closed
....................................................................
Michael
McGuigan - Notary Public
Mobile:
0400 747 676
E-mail:
mmc989923@bigpond.com
Address:
Michael
McGuigan: Lawyer &
Notary Public
123
Sheridan Street Cairns 4870
Opening
Hours:
Monday <> Friday: 9:00
am
- 5:00 pm
Saturday & Sunday: Closed
....................................................................
RATED:
* * * * *
Dale
R Treanor - Notary Public
Office:
(07) 4031 7133
Mobile:
0447 461 188
E-mail:
dale@oreillystevens.com
Address: O’Reilly Stevens
Lawyers
Level
1, 59 Spence Street, Cairns City
(southern side of Spence Street between Sheridan & Grafton Streets)
Opening
Hours:
Monday
<> Friday: 9:00
am - 5:00 pm
Saturday & Sunday: Closed
....................................................................
Sean
P Walsh - Notary Public
Phone:
07 4036 9700
E-mail:
seanwalsh@millerharris.com.au
Address:
Miller Harris Lawyers
1st floor, 14-16 McLeod Street, Cairns
Opening
Hours:
Monday
<> Friday: 9:00
am
- 5:00 pm
Saturday & Sunday: Closed
....................................................................
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