Notes from meeting 2 August 2016

posted Aug 4, 2016, 10:13 PM by Michael Rees   [ updated Aug 4, 2016, 10:14 PM ]

02 August 2016, Emerald Village Community Room, 9 attendees with workmen  

Thanks to Kay for these notes:
  • JP Bulletin Issue 11 2016  Michael R report 
  • Land Title requirements for NSW documentsIt appears that the only requirement is to identify the person. In an email to JH from Greg Thompson, 11/11/15, he sets out the relevant legislation and state that the Real Property Act 1990 “is silent on the witness having to take steps to satisfy themselves as to the entitlement of the individual to execute the dealing form”. Refer to JPToK Notes and Actions 17/11/15Fact Sheet on Witnessing Real Property Act dealings: witness obligations is available at www.lpi.nsw.gov.au.
  • Code phrase when JP wants security alerted. This was discussed. It was felt that it would be preferable just to ask the other JP to call security.
  • Recording Statistics. Some Centres record each signature as a document e.g. one affidavit of 20 pages would be recorded as 20, not 1. Michael R to ask JP Branch what their requirement is.
  • Certifying copies of EPA.  JP Branch is advising at Workshops that if the Principal/Witness/Attorney (wet ink) pages only are presented then they can be certified using the “corresponding page” stamp.  The complete document i.e. 20 pages does not have to be presented.  Note: This is in contradiction of Technical Bulletin 06/09, JP Bulletin Issue 4 August 2014 and QJA Journal Volume 12 Number 1 Autumn 2015. The Powers of Attorney Act 1998 s45 states:
45 Proof of enduring document 
(1) An enduring document may be proved by a copy of the enduring document certified under this section. Note— An enduring power of attorney made under the Property Law Act 1974 and of force and effect before the commencement of section 163 is taken to be an enduring power of attorney made under this Act—section 163. 
(2) Each page, other than the last page, of the copy must be certified to the effect that the copy is a true and complete copy of the corresponding page of the original. 
(3) The last page of the copy must be certified to the effect that the copy is a true and complete copy of the original. 
(4) Certification must be by 1 of the following persons— (a) the principal; (b) a justice; Note— justice means a justice of the peace—see the Acts Interpretation Act 1954, schedule 1. (c) a commissioner for declarations; (d) a notary public; (e) a lawyer; Note— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007—see the Acts Interpretation Act 1954, schedule 1. (f) a trustee company under the Trustee Companies Act 1968; [s 46] Powers of Attorney Act 1998 Chapter 3 Enduring documents Current as at 22 March 2016 Page 37 Authorised by the Parliamentary Counsel (g) a stockbroker. 
(5) If a copy of an enduring document has been certified under this section, the enduring document may also be proved by a copy, certified under this section, of the certified copy. 
(6) This section does not prevent an enduring document being proved in another way.
  • Land Title Documents. If there is no real property description they should not be signed.  JP Branch is recommending that Queensland Atlas not be used to verify property descriptions. QJA July Newsletter details processes for witnessing Land Title Documents. See Michael R report.
  • Pharmacists signing documents for a fee of a gold coin for charity.  Michael R checked  with JP Branch as to a pharmacist’s authority to sign and the legitimacy of requiring a gold coin. The JP Branch reply is available in our short notes.
  • Employee Assistance Program. Professional counselling services for volunteers through OPTUM may be available free of charge. Judy H investigated and the JP Branch reply is in our short notes.
Next meeting  Tuesday 6 September 2.30  Emerald Village Community Room.

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