Notarial Services

Notarisation is the process of authenticating documents for use overseas. For example, you may need to execute a contract in Australia for the purchase of a property overseas, or you may need to provide a power of attorney to a person residing overseas for the management of a property or business in another country. Copies of documents such as marriage and birth certificates may also need to be notarised. In such cases, the role of a notary public is to attest the execution of the contract or power of attorney or certify that copies of the marriage or birth certificates provided are true copies of the original documents.

How can we help you with the notarisation of documents?

If you need to have a document notarised but are unsure about the process, we can explain the process and ensure compliance with the requirements of the foreign country, state or region.

We can assist you by:

• Attesting or witnessing your signature on a document for use overseas, such as an application, contract, or deed;
• Attesting the execution of legal documents for use overseas;
• Certifying that a document to be used or required overseas is a true copy of an original document;
• Certifying that a document has been executed in accordance with Australian requirements;
• Certifying that a certain process has been followed;
• Arranging for documents to be Apostilled by the Department of Foreign Affairs and Trade;
• Arranging for documents to be legalised by the relevant Consulate.

Who can perform Notary functions?

Notary functions cannot be carried out by a solicitor who is not also a notary public, and who is restricted to witnessing signatures and certifying documents for use in Australia or by a justice of the peace, who is restricted to witnessing signatures and certifying documents under the law of the State in which they are appointed.

Who may become a Notary Public?

Australian notaries are senior practising solicitors appointed through a relevant State or Territory Supreme Court. Upon appointment, all notary publics are issued with an official ‘seal’ or ‘stamp’ which is registered along with his or her signature and stored in a database held by the Department of Foreign Affairs and Trade. The seal/stamp and signature are recognised in Australian and International Courts.

The seal or stamp is placed alongside or underneath a notary’s signature when carrying out his or her notarial duties.

Attending a Notary Public

When performing their duties, notaries must confirm the identity of the person signing a document or swearing an oath. A public notary must refuse to carry out services for an unlawful act or where the document in question is fraudulent.

The notary must also make an informed decision that the signatory is not legally incapacitated (has sufficient mental capacity) and understands the nature and effect of the document being signed and/or attested. If the signatory is acting in an official capacity (such as a director of a registered company), the notary must be satisfied that the person has capacity to act in that manner.

When retaining the services of a notary public, you will need to have sufficient identification documents (for example, original Passport, Driver’s Licence, Birth Certificate Medicare card, Power of Attorney) to verify your identity and, where relevant, authority to act.

When making your appointment, we will ask about the services you need and confirm the identification documents required. Documents that are not in English may need to be translated before they can be processed, and we will discuss this with you when making your appointment.

If you need assistance, contact in*********@es***.au or call 0451 530 877 for a no-obligation discussion and for expert legal advice.