JP Bulletin December 2016

Worthy snippets from JP Bulletin Issue 13

All JPs and CDecs received JP Bulletin Issue 13 December 2016 edition as email a couple of days ago. We see the regular sections on news, professional development, long service awards and JPs in the Community signing sites (1900 registered volunteers and 198 being mentored).

Note: the contents of JP Bulletin Issue 13 has been added to the JP Bulletin merged collection resource.

Clarification on supporting documents when witnessing Titles Registry Form 2 Mortgage:

Supporting documents such as copy of sale contract, lender loan documentation, and solicitors letter would be acceptable ‘provided they contain both the names of the mortgagor/s and the real property description (lot on plan description) of the property to be mortgaged. The street address of the property is insufficient evidence of entitlement to sign the form.’

Certified copies and colour photocopies:

There is no legislative requirement for photocopies, of any documents, to be in colour to be eligible for certification by a witnessing officer. Only the agency receiving the documents can stipulate that certified copies be done in full-colour. Please remember it is not the role of a witnessing officer to tell clients that only colour copies can be certified.

Storm season and lost ID documents:

We ask that you revisit Technical Bulletin 01/13 about Witnessing statutory declarations for disaster affected victims. This publication will refresh you knowledge about what to do if an individual is not able to supply identification as it was lost or damaged.

The text of pages 9 and 10 is presented verbatim and can become a valuable reference:

Domestic and Family Violence Protection Rules 2014

Introduced on 28 February 2015, the Domestic and Family Violence Rules 2014 (the Rules) apply to all proceedings, except appeals, under the Domestic and Family Violence Act 2012 (the Act).

The Rules were created as a result of amendments made by the Justice and Other Legislation Amendment Act 2013, which repealed the application of certain Uniform Civil Procedure Rules 1999 for court proceedings made under the Act.

The main objectives of the Rules are to:

• Allow the court to remain consistent with the main objects of the Act.
• Resolve a proceedings under the Act with a minimum of expense.
• Facilitate the just and expeditious resolution of the relevant issues.
• Provide for the practice and procedure for domestic violence proceedings.

The Rules explain how:

• a proceeding is initiated — filing of an application and documents
• a person is to be given notice of the proceedings
• the court conducts proceedings, which can include issuing of an order or a direction
• a court may receive evidence in a proceeding and who can access the evidence
• a party may end a proceeding early
• the court assesses or awards costs against a party under the Act.

Rule 35 — Requirement for affidavits

Rule 35 states how an affidavit in a proceeding under the Act is to be constructed and should include the following:

• the name of the person making the affidavit
• the name of the party on whose behalf it is filed
• a written statement that:
  - The contents of the affidavit are true; or
  - If the contents of the affidavit are stated on the basis of information and belief — that those contents are true to the best of the knowledge of the person making the statement; and
  - The person making the affidavit understands that a person who provides a false matter in the affidavit commits an offence.

The body of the affidavit must also be listed in consecutively numbered paragraphs and each page of an affidavit must be numbered. If there are any attachments they are to be referred to in the affidavit and placed after the last page of the affidavit as exhibits.

Remember! Multiple page affidavits require the signature of both the witness and the deponent, at the bottom of each page.

Queensland Courts have created an affidavit, Form 25, specifically to assist parties in meeting these affidavit requirements. It can be obtained by visiting the courts website www.courts.qld.gov.au/about/forms or by visiting your local Magistrates Court.

What does this mean for me as a witnessing officer?

Finally, whilst there are formal requirements to proceedings under the Act, Rule 6 states:
(1) A failure to comply with a rule is an irregularity and does not render a proceedings, a document, step taken or order made in a proceeding a nullity.

Should you be presented with an affidavit for a proceeding under the Act and it is not in the format of Rule 35, it will be the court’s decision to either waive compliance or excuse noncompliance of the Rule. You should not decline to witness the affidavit in this circumstance.