FAQs
1. What is a Notary Public?
A Notary Public is a senior lawyer authorised to verify identities, witness signatures, administer oaths and affirmations, and issue Notarial Certificates, particularly for documents intended for use overseas.
2. Why Do I Need a Notary Public?
Certification by a Justice of the Peace (JP) or solicitor may not be accepted by overseas authorities.
A Notary Public provides a recognised form of authentication for international transactions and legal documents.
3. What is the Difference Between a Notary Public and a JP?
A JP primarily performs witnessing and certification functions within Australia.
A Notary Public is specifically authorised to perform notarial acts, which are commonly required for documents intended for use overseas.
4. Should I Check Overseas Requirements Before Notarisation?
Yes. Before attending an appointment, you should:
Contact the overseas authority, institution, or local lawyer;
Confirm required forms, wording, and instructions;
Check whether notarisation, Apostille, authentication, or consular legalisation is required.
5. How Does the Authentication Process Work?
The process may involve:
Notarisation by a Notary Public→ DFAT Apostille or Authentication→ Consular Legalisation (if required)
Countries that are parties to the Hague Apostille Convention may only require an Apostille rather than further legalisation.
In most cases, notarisation by a Notary Public is the first step in the process, as it establishes the legal verification of identity, signatures, or documents before any DFAT or consular authentication is applied. This process is commonly used for documents such as Powers of Attorney, company documents, and personal documents intended for use overseas.
6. What Types of Documents Can a Notary Public Notarise?
Examples include:
Personal documents:
Passports and identification documents
Birth, marriage and divorce certificates
Academic transcripts and qualifications
Company documents:
ASIC extracts and company records
ABN documents
Company constitutions and corporate documents
Other documents:
Powers of Attorney
Statutory declarations and affidavits
Documents required by foreign courts, governments, banks, or embassies
These documents may be required for overseas use in a wide range of legal, financial, immigration, and commercial contexts.
7. How Much Does Notarisation Cost?
Fees depend on:
The type and number of documents;
The complexity of the matter;
Any additional preparation or overseas requirement checks.
Fees are transparent and generally charged in accordance with professional guidelines.
8. How Long Does the Notarisation Process Take?
Simple documents can often be completed during one appointment.
Complex documents may require prior review or preparation.
DFAT authentication or consular legalisation may require additional processing time.
9. How Should I Prepare for My Appointment?
Please bring:
Original documents;
Valid identification;
Any instructions from the overseas authority;
Certified translations where required.
10. Where Can I Obtain an Apostille or Authentication?
In Australia, Apostilles and authentications are issued by the Department of Foreign Affairs and Trade (DFAT).
We can assist by advising on the process and, where required, arranging submission for authentication or consular legalisation.
11. Can a Notary Public Notarise Documents in a Foreign Language?
Yes. A Notary Public may notarise foreign language documents. However, you may need to provide a certified translation or demonstrate that you understand the document before signing.
12. Do I Need to Sign the Document in Front of the Notary Public?
Yes. In most cases, you must sign the document in the presence of the Notary Public, who will verify your identity and witness the signing.
13. What Identification Do I Need to Bring?
You should bring original, current identification, such as:
Australian passport;
Driver licence;
Other government-issued identification if requested.
The Notary Public must be satisfied as to your identity before completing the notarisation.
14. Can a Notary Public Certify Copies of Documents?
Yes. A Notary Public can certify copies of original documents where appropriate, confirming that the copy corresponds with the original document presented.
15. Can Someone Else Sign a Document on My Behalf?
Generally, you must sign personally. If someone is signing under a Power of Attorney or other authority, additional documentation may be required.
16. Do I Need an Appointment With a Notary Public?
Yes. Notarial work requires verification of identity, document review, and preparation of the Notarial Certificate. Appointments are recommended.
17. Do you assist with Powers of Attorney for overseas use?
We regularly assist clients in preparing a wide range of documents for overseas use, including Powers of Attorney, banking documents, property documents, and statutory declarations.
A Notary Public is required to ensure the document is properly witnessed and accepted by foreign banks, courts, and government authorities.
18. Why do overseas banks and institutions require a Notary Public?
Overseas banks, courts, and government agencies often require documents to be notarised by a Notary Public because it provides independent verification of identity, signature, and document authenticity.
This is particularly important for financial transactions, property matters, and legal representation conducted outside Australia.
19. What happens after notarisation for overseas documents?
Depending on the destination country, notarisation may be followed by DFAT authentication or Apostille certification.
Some countries may also require consular legalisation before the document is accepted.
We can advise clients on the correct process based on the country where the document will be used.
20. Can you help with urgent or same-day notarisation?
Yes. In many cases, we can complete simple notarisation matters during a single appointment, including urgent documents such as Powers of Attorney, statutory declarations, and certified copies.
Complex matters may require additional preparation depending on overseas requirements.
21. What is a Notarial Certificate?
A Notarial Certificate is a formal written statement prepared and signed by a Notary Public confirming the notarial act that has been performed.
It is used to provide official evidence that a document has been properly witnessed, certified, or verified in accordance with notarial standards, particularly for use overseas.
A Notarial Certificate typically includes details such as:
the identity of the person appearing before the Notary Public
the type of document being notarised
the nature of the notarial act performed (e.g. witnessing a signature or certifying a copy)
the date and place of notarisation
the Notary Public’s signature, seal, and official credentials
Notarial Certificates are commonly required for documents used in foreign legal, commercial, immigration, and banking matters, where overseas authorities need independent confirmation that the document has been properly executed and verified.
Different countries may have additional requirements, such as apostille certification or consular legalisation, depending on where the document will be used.
22. Do I need a Notarial Certificate for a single-page document?
Not necessarily. Whether a Notarial Certificate is required depends on the requirements of the overseas authority or organisation receiving the document.
If the receiving party only requires a simple certified copy or witnessed signature, a Notarial Certificate may not be necessary. In those cases, the notarisation process is generally simpler and may involve less preparation, which can also affect the overall cost.
However, for many overseas legal, banking, immigration, and property matters—particularly where formal acceptance is required—a Notarial Certificate is often requested to provide clear evidence of the notarial act performed.
Because requirements vary between countries and institutions, it is recommended to confirm in advance what level of certification is required before your appointment.