Revista Internacional del Notariado (No. 121, First Semester 2015)

Revista internacional del notario 121The 121th issue of the Revista Internacional del Notariado, published by the Unión Internacional del Notariado (International Union of Notaries) has been released. This issue contains few entries in English however those that are included may be of particular interest to the Australian notary public, such as the presentation concerning the cross jurisdictional use of notarial acts within and between common law and civil law countries.

This issue opens with a few words from the ONPI’s President Águeda L. Crespo, who, speaking of the role of public notaries throughout the turbulent and divided world, emphasises that “Legislative comparison is currently more and more legitimate as an actual practical necessity for modern legal agents.” He states that the intention of the journal is to provided different scenarios to international notaries that highlight the difficulties and opportunities that may arise in the present climate, so that they may obtain a “global vision of a different approach to each legal situation arising before them.” He adds:

Consequently, the current positive law of any given country consists more and more of supra national rules, and only comparative and international law studies will give us a more complete understanding of the subject matter.

The two other articles that have been provided in English concern problems encountered with the circulation and use of notarial certificates across borders and between jurisdictions (particularly concerning the lack of any universal definition of what constitutes or what is a notarial act) and a report on the disciplinary framework governing the notarial practice in various states and legal jurisdictions:

  • Dr. Jeffrey A. Talpis, “The Cross-Border Circulation of Notarial Acts”, Presentation to the Australian and New Zealand College of Notaries, October 2014. [pp. 87-99]
  • María Cristina Planells (rapporteur), “The Disciplinary System in the European Notariat”, Report of the European Affairs Commission, 22-23 November 2013. [pp. 127-135]

Notaries in Sydney Australia may find the presentation of Dr. Talpis of particular interest, as would government policy analysts and law reformers who would benefit from the analysis of how different municipal legal codes treat notarial certificates. A review of the above articles may be published in a future post, time and resources permitting.

For more information about how we can notarise your international documents (i.e. documents that will be used overseas) contact us on the details provided here to arrange an appointment with a Sydney notary public. Foreign documents – forms, deeds, agreements or other materials that are to be adduced before foreign courts of administrative bodies – can be notarised locally for use use outside of Australia. In some circumstances, a public notary in the greater Sydney region may be able to come to your office to provide his services (see our section on local Availability for more information).

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Upholding the Australian Constitution, Vol 25: Finally Released

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The 25th volume of Upholding the Australian Constitution has just been released to members of the Samuel Griffith Society. This volume, which records the proceedings of the 25th conference held in Sydney, New South Wales, in 2013, has been significantly delayed by the Society. Regrettably, members have not been informed the reasons for the delay, however an accompanying note apologizes for the delay and assures members of the Society that volumes 26 and 27 will be mailed “soon.” The papers which were presented at the 2013 conference include:

  • Greg Craven, “A Federalist Agenda for the Government’s White Paper”
  • Anne Twomey, “Money Power and Pork-Barreling: Expenditure of Public Money Without Parliamentary Authorisation”
  • Keith Kendall, “Comparative Federal Income Tax”
  • J. B. Paul, “Independents and Minor Parties in the Commonwealth Parliament”
  • Ian McAllister, “Reforming the Senate Electoral System”
  • Malcolm Mackerras, “Electing the Australian Senate: In Defence of the Present System”
  • Gim del Villar, “The Kable Case”
  • Nicholas Carter, “The Human Rights Commission: a Failed Experiment”
  • Damien Freeman, “Meagher, Mabo and Patrick White’s tea-cosey – 20 Years On”
  • Dean Smith, “Double Celebration: The Referendum that did not Proceed”
  • Bridget MacKenzie, “Rigging the Referendum: How the Rudd Government Slanted the Playing Field for Constitutional Change – The Abuse of the Referendum (Machinery Provisions) Act
  • The Hon. Garry Johns, “Recognition: History, Yes. Culture, No”

The volume of UAC was also delivered to members of the Society with a short pamphlet concerning the possible future reforms of the Commonwealth Constitution. The pamphlet, which was published by the Institute of Public Affairs, outlines the case for the removal of section 25 and section 51(xxvi) of the Constitution and the case against the following additional proposals:

  • The addition into the Constitution of a preamble or section which states that Aboriginal or Torres Strait Islander people were the first occupants of Australia.
  • The addition into the Constitution of a section allowing the Commonwealth government to make laws that only apply to Aboriginal or Torres Strait Islander people.
  • The addition into the Constitution a new section prohibiting “discrimination” by a Commonwealth, state or territory government on the basis of an individual’s race or ethnic origin.
  • The enshrining by Constitutional provision of an advisory body of Aboriginal or Torres Strait Islander people.
  • The reservation of seats in the Commonwealth Parliament for Aboriginal or Torres Strait Islander representatives.
  • A treaty recognising the soverignty of Aboriginal or Torres Strait Islander people.

Our colleagues overseas often ask us about the vicissitudes of Australian law reform, particularly where the highest laws intersect with contemporary political controversy. The papers presented at the Samuel Griffith Society provide the best analytical record of legislative and constitutional history. For more information about the Society and its official record of proceedings, Upholding the Australian Constitution, readers are encouraged to contact the Society directly.