Genders & Partners
We are the oldest law firm in South Australia, established in 1848. We obtained the highest ever award for personal injuries in South Australia for one of our clients and have been involved in four of Australia's largest claims for personal injuries. Proud member of:
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For personal injury claims we offer a no win no fee payment system*. We are prepared to back our judgment and share the risk with you - what could be fairer? The initial consultation is free so that you can make that important decision to proceed without prior commitment. *Conditions apply Notaries Public (also called "notaries" or "public notaries") hold an ancient office which can trace its origins back to the Roman Empire, when they were called "notarius" or "tabellio". They are easily the oldest continuing branch of the legal profession, and exist and are known all over the world from England to the rest of the European Community, USA, Chile, Russia, Japan and even China.They first appeared in the English legal system sometime prior to 1279 when the Pope authorised the Archbishop of Canterbury to appoint notaries. What makes them different from others who prepare or witness documents is that their acts will be recognised and accepted by foreign courts and authorities, whereas acts performed by non-notaries will generally be ignored. For example, a Spanish court would probably have no idea what a "solicitor", "Justice of the Peace" or "Commissioner for Affidavits" was, but it would certainly recognise the term "Notary Public" as being the same as their "Notario Publico". Since 1801 the appointment and regulation of notaries has been underpinned by statutes enacted by Parliament. The current machinery for the education and appointment of notaries provides that applicants must hold a university degree, or be qualified as solicitors or barristers (both such professions themselves requiring a university degree as a pre-condition for qualification in all but exceptional circumstances). In South Australia it will shortly become the case that all applicants must obtain a Diploma in Notarial Practice after following a course of prescribed study. Until the eighteenth century notaries would authenticate their acts with an individual sign - often extremely elaborate. At the same time government and corporations authenticated their transactions under seal. The use of seals to authenticate 'deeds' was the normal way of establishing their validity in the courts. Gradually, notaries adopted seals in substitution for their signs and by the nineteenth century it had become established that any notarial act should be attested by a notary's signature supported by his individual seal. All notaries now have such a distinctive seal - often illustrated with professional or historical signs. Traditionally, notaries recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required. Specifically, the functions of notaries include: attestation of documents and certification of their due execution; preparation of powers of attorney, wills and other documents for use overseas; administering oaths and affirmations; witnessing affidavits and statutory declarations; certification of copy documents. South Australian notaries are also legal practitioners and must first have been admitted and authorised by the Supreme Court under the Legal Practitioners Act 1981 (SA) before they can practice as a notary. They are subject to the regulation of that Court. In order to be admitted they must satisfy the Court that they have relevant special learning and experience beyond that of an ordinary legal practitioner and are therefore competent to act as a notary. Of the approximately 2,500 legal practitioners in South Australia only about 150 are also notaries. However, there are three significant differences between notaries and solicitors: Firstly, the duty of a notary is to the transaction as a whole, and not just to one of the parties. In certain circumstances a notary may act for both parties to a transaction as long as there is no conflict between them, and in such cases it his or her duty 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 (known as an "eschatocol") on the document in order to make it valid for use overseas. In the case of a document which is to be used in some foreign countries it will also be necessary for the notary to obtain another certificate (known as an "apostille") 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 seal. Such seals have historical origins and are regarded by most other countries as of great importance for establishing the genuineness of a document. Today notaries prepare, attest, witness or certify a wide range of documents for use interstate or overseas. Their roles and activities are increasing with the growing globalisation of trade and international movement of people. Where a notarial act is for use overseas, it is commonly a requirement that a notary's execution of the act is further witnessed by Government through the Commonwealth Department of Foreign Affairs and Trade (DFAT) who will add an 'apostille' or certificate confirming the authenticity of the notary's signature seal - both of which are registered with the Foreign and Commonwealth Office. The process is called 'legalisation' and may be further authenticated by the consulate of the receiving jurisdiction also providing similar confirmation.
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