Profession of a Notary in Australia

An applicant for appointment as a notary should be a legal practitioner with knowledge of Australian law and commercial practice.

There are three significant differences between notaries and other lawyers.

Firstly, s notary may act for both parties to (угода) as long as there is no conflict between them. In such cases (обов`язок нотаріуса) is to ensure that the transaction that they conclude is fair to both sides.

Secondly, a notary will often need to place and complete a special clause or attach a special page on or to (документ) in order to make it valid for use overseas. In the case of some documents which are to be used in some foreign countries it may also be necessary to obtain another (посвідчення) known as an "authentication" from the Department of Foreign Affairs and Trade.

Thirdly, a notary identifies himself or herself on documents by the use of his or her individual (печатка). Such (печатки) have historical origins and are regarded by most other countries as of great importance for establishing the (автентичність) of (документа).

The principal (обов`язки) include:

1. (посвідчення документів) and their due execution for use in Australia and internationally,

2. preparation and certification of (доручення, заповіти, контракти) and other legal documents for use in Australia and internationally,

3. administering of (присяга) for use in Australia and internationally,

4. witnessing (письмове свідчення під присягою, урочиста заява про правдивість свідчень) and other documents for use in Australia and internationally,

5. (завірення копій документів) for use Australia and internationally,

6. exemplification of (офіційних документів) for use internationally,

7. noting and protesting of (перевідний вексель),

8. (вчинення морських протестів).

Australian notaries do not hold "commissions" which can expire. Once appointed they are authorized to act as a notary for life and can only be "struck off" by the Roll of Notaries for proven misconduct.

All Australian jurisdictions also have Justices of the Peace (JP) or Commissioners for Affidavits who can witness affidavits or statutory declarations and certify documents. However they can only do so if the relevant affidavit, statutory declaration or copy document is to be used only in Australia rather than in a foreign country.

 

QUIZ: Notary`s Competence Misconceptions about the notary’s role and notarial acts can cause problems in your professional life.

Take the quiz below and check your knowledge. (See below for answers.) Multiple Choice 1. Power of attorney documents: a) can never be notarized; b) are often notarized; c) are sometimes used when notarizing other documents; d) both B and C. 2. If a signer does not want to appear before a notary: a) a subscribing witness is a good alternative; b) the document may be mailed to a notary; c) a written statement of intent to have the document notarized is sufficient; d) the notary should insist on personal appearance. 3. A notary must always be guided by: a) the employer’s needs; b) Notary laws; c) his or her own discretion; d) the customer`s wishes. True/False Statements 4. A private notary is the same as a public notary. 5. You can secure a patent or copyright or protect ownership of an idea if a notary notarizes it. 6. One all-purpose notary certificate can be used for all notarial acts. 7. If there is no room for a notary certificate, it is acceptable to just stamp and sign a document. 8. Notarization makes any document legal. 9. You can execute a jurat or acknowledgment without a signature. 10. A photograph can be notarized just by placing a notary's seal on it. Answers to: Notary`s Competence (Quiz above) 1. (d) Sometimes notaries are confused about power of attorney documents and erroneously feel they cannot be notarized. Any power of attorney document that meets the criteria for a proper notarization can be notarized. Also, a signer acting as an attorney in fact may present a power of attorney document to legitimize his authority to sign. . 2. (d) Before any signature may lawfully be notarized, the signer must appear in person before the notary. This is the only way the notary can properly identify the signer and verify that he or she is signing or has signed the document willingly, with an understanding of its purpose and effect. 3. (b) To properly perform his or her duties, a notary must be guided by state statute. 4. False. There is some difference in the competence and the way of setting the fee for their services. 5. False. You cannot secure a patent or copyright or protect ownership of an idea merely by having a notary notarize it. 6. False. Because each type of notarial act certifies a different set of facts, each requires different wording in the notarial certificate. So acknowledgments, jurats, copy certifications and other notarial acts all have distinctly different certificates. 7. False. Every notarization requires certificate wording to indicate exactly what the notary is certifying. It is a completely meaningless act for a notary to merely stamp and sign any document. 8. False. Notarization does not legalize or validate a document. Any legal paper that contains invalidating flaws before notarization will contain the same flaws afterward. 9. False. Jurats require a signer to sign in the notary's presence. Acknowledgments indicate, among other things, that the signer freely signed for the purposes stated in the document. 10. False. Notaries have no authority to notarize or certify photographs to verify their contents.

 

Unit 5 European Judiciary Section 1 European Judicial Systems

I. WARMING-UP

1. Complete the following sentences:

 

1. Judicial system is a system which …

2. A court is …

3. Courts deal with …

4. The main person in court is a …

 

2. Add some words or phrases to each group:

1. People: a judge …

2. Things and documents: evidence …

3. Actions: to judge …

 

3. Match the following English words and expressions with their Ukrainian equivalents:

 

1. to award compensation 2. subject-matter 3. staff 4. to be subject to sth 5. applicant 6. in chambers 7. revenue

h) прохач, заявник i) у закритому засіданні j) прибуток, прибутки k) тема, предмет обговорення l) штат працівників m) підлягати чомусь n) присудити компенсацію

4. Read the text and find a) names of courts

b) names of international organizations

c) all abbreviations.

Text 1

Notes: a renewable term – строк, що може бути поновленим

 

European Judicial System

European Judicial System includes the following courts: European Court of Human Rights (ECHR); European Court of Justice (ECJ) or Court of Justice of the European Communities; Court of First Instance (CFI); Civil Service Tribunal; European Court of Auditors and Court of the European Free Trade Association (EFTA Court).

The Court of Justice of the European Communities sits in Luxembourg. It consists of 27 judges and 8 Advocates-General (AG) appointed for a renewable six-year term by agreement between the Member States, which select them “from persons whose independence is beyond doubt”. The decisions of the court are binding and there is no appeal against them. Advocates-General give opinions, which are not binding on ECJ, in cases where the ECJ considers that a case raises new points of law. There is no specialization of AGs by subject matter and only one AG is appointed per case.

The ECJ interprets the treaties establishing the European Community, decides upon the validity and the meaning of Community legislation, and determines whether any act or omission by the European Commission, the Council of the European Union, or any member state constitutes a breach of Community law. Its functions are constitutional, civil, administrative and arbitration.

The Court of First Instance (CFI) consisting of 27 judges only was set up in 1989. It has jurisdiction, subject to further appeal to the Court of Justice on points of law, to deal with disputes between the Commission and individuals or businesses as well administrative disputes within the institutions between the Community and its staff.

The Court of Auditors has 27 members appointed for a six-year term by agreement between the Member States after consultation with the European Parliament. It checks that revenue is received and money is spent “in a lawful and regular manner” and that the Community's financial affairs are properly managed.

Civil Service Tribunal established in 2004 has jurisdiction limited to staff cases. The parties may appeal to CFI within 2 months after the decision of the Tribunal is rendered.

European Court of Human Rights (Strasbourg Court) was established in 1959 to deal with disputes arising out of infringements of the European Convention on Human Rights (1953). The Court may hear complaints (known as petitions) by one state against another. It may also hear complaints by an individual, group or nongovernmental organization only if the applicant has first tried remedies in the national courts. The Court has power to make a final ruling, which is binding on the parties, and in some cases to award compensation. Every member state of the Convention has a judge with 6 year mandate appointed by the Assembly of the Council of Europe, but they don’t represent their state. Judges are divided into four sections, and they sit in chambers of 7 and committees of 3.

There are also courts with international jurisdiction: International Court of Justice (ICJ, the Hague court); International Labour Organization (ILO); World Trade Organization (WTO); International Criminal Court (ICC).

Important and complex relationships exist between the European and national courts of Member States. There is no hierarchy and direct jurisdictional link between the European Courts and national courts of member states: none of the European Courts (except to some extent the CFI) is available for direct litigation to private parties and none of them has an appellate role for national courts.

 

 

II. COMPREHENSION

1. Answer the following questions using the information from the text:

1.What is the difference between a decision and an opinion of the ECJ?

2. What is the jurisdiction of the CFI?

3. What does it mean “to manage properly” financial affairs?

4. What types of cases are heard in the ECHR?

5. Why are relations between the European and national courts complex?

 

2. Complete the following sentences using information from the text:

1. 27 judges and 8 Advocates-General …

2. … checks the financial affairs of the EU.

3. Staff cases are decided …

4. The judges of the ECHR …

5. The decisions of the … are binding.

6. Courts with international jurisdiction …

 

3. Find in the text synonyms to the following words and make up your own sentences:

Violation, obligatory, legality, legal.

 

III. VOCABULARY STUDY

1. Match the terms with their definitions and make up your own sentences with these words:

 

1 Advocate-General	a) legal force, lawfulness
2 mandate	b) the breach of law
3 infringement	c) a means of judicial defence
4 petition	d) the power that is officially given to a person or a group of persons to do sth
5 remedy	e) an official letter to a law court asking for a legal case to be considered
6 validity	f) a senior law officer who assists the ECJ in its task of reaching a judgment in the cases brought before the court

2. Complete the sentences with the words given below:

(validity, opinion, infringement, mandate, petition, case, remedies, Advocates-General, judges)

1. … are characterized by their independence and impartiality. Following the hearing of the … they deliver in open court an … that is not binding on the … but which reflects the views of someone with the same standing as a judge.

2. The union leaders had a … from their members to call a strike.

3. They wanted me to sign their ….

4. Courts have different types of … at their disposal.

5. The … of this document is in question.

6. Cases on the … of human rights are heard in the ECHR.

 

3. Make up sentences with the following words and phrases:

To interpret, binding, to be subject to, to manage, to try remedies, direct litigation, petition.