Review of the Evidence Act 1958 (Vic) and
Review of the Role and Appointment of Public Notaries

Chapter Six - Review of the Role and Appointment of Public Notaries

6.1 Introduction

For convenience the Committee divided the terms of reference into two areas: the first relating to the review of the Evidence Act 1958 (Vic), the second relating to the review of the role and appointment of notaries. Chapters 6 to 13 deal with the second aspect of the Reference, namely: -

• whether any changes should be made in respect of the witnessing of documents including the witnessing of documents by public notaries and the appointment procedures for public notaries;

The second part of the Reference is itself divided into two categories. Chapters 6 to 9 deal with matters relating to notaries. Chapters 10 to 13 deal with the witnessing of documents generally.

6.2 Procedure

The Committee advertised the second part of the terms of the reference in "The Age" and the "Herald Sun" on 26 August 1995. The advertisement sought written submissions from interested parties and gave notice of the Committee's intention to hold a Public Hearing in relation to the appointment of public notaries and the witnessing of documents on 14 September 1995.

The Committee received twenty-six written submissions from the following interested parties:-

1. The Victorian Bar, dated 31 July 1995;
2. Mr Morley A.F. Pereira, dated 18 August 1995;
3. Mr Adam Trumble, dated 20 August 1995;
4. Mr John Christiansen, Brand Name Consultants, dated 28 August 1995;
5. Mr John Christiansen, Brand Name Consultants, dated 31 August 1995;
6. The Royal Victorian Association of Honorary Justices, dated 1 September 1995;
7. Mr Morley A.F. Pereira, dated 1 September 1995;
8. Mr Vic Trim, dated 4 September 1995;
9. The Society of Notaries of Victoria, dated 5 September 1995;
10. Mr Emilios Kyrou, Mallesons Stephen Jaques, dated 5 September 1995;
11. Mr Peter Zablud, dated 11 September 1995;
12. Mr Emilios Kyrou, Mallesons Stephen Jaques, dated 13 September 1995;
13. Mr Adam Trumble, dated 14 September 1995;
14. Mr Emilios Kyrou, Mallesons Stephen Jaques, dated 18 September 1995;
15. Mr Adam Trumble, dated 21 September 1995.
16. Mr Emilios Kyrou, Mallesons Stephen Jaques, dated 4 October 1995;
17. The Honourable Justice A.M. Gleeson, Chief Justice of the Supreme Court of New South Wales, dated 10 October 1995;
18. The Real Estate Institute of Victoria, dated 13 October 1995;
19. The Honourable Justice J.J. Doyle, Chief Justice of the Supreme Court of South Australia, dated 16 October 1995;
20. The Honourable Senator Gareth Evans, dated 10 November 1995;
21. The College of Law of New South Wales, dated 24 November 1995;
22. Mr Emilios Kyrou, dated 30 November 1995;
23. Mr Phillip Hamilton, Past President of the Society of Notaries of Victoria, dated 30 November 1995;
24. The Department of Justice, dated 5 December 1995;
25. Mr Emilios Kyrou, Mallesons Stephen Jaques, dated 5 December 1995;
26. Glennen, Burstyner & Co., dated 7 December 1995.

6.4 Public Hearing

The Evidence subcommittee conducted a Public Hearing on 14 September 1995. The subcommittee heard evidence from the following:-

1. Messrs L.E Pentilla and A.Garsa and Ms E. Mitrakas on behalf of the Society of Notaries of Victoria;
2. Mr Emilios Kyrou, Mallesons Stephen Jaques;
3. Mr Adam Trumble, in his capacity as a representative of the Royal Victorian Association of Honorary Justices and as a citizen;
4. Mr Peter Zablud, Solicitor and Notary.

Last update 19/8/99 ©Parliament of Victoria