Manage an insolvency or bankruptcy issue

Have your documents notarised

We will notarise your documents in the form the receiving country will actually accept.

A document that is perfectly valid in Australia can be rejected abroad for the way it was signed. Foreign courts, registries and government agencies generally will not accept a witness they cannot verify. That is why they ask for a notary rather than a solicitor or a justice of the peace. A notary public is separately admitted and internationally recognised. Whether an apostille or consular legalisation is needed on top depends on the destination country, and getting that wrong means the document comes back.

Checked against the destination

What the receiving authority requires is confirmed before the document is signed rather than after.

Apostille or legalisation arranged

Notarisation is often only the first step, and the second one depends on the destination country.

No second attempt

A document authenticated in the wrong form is rejected, and re-doing it from overseas costs weeks.

What is a notary public, and when do you need one?

A notary public is a lawyer separately admitted to the office of notary, with authority to authenticate documents for use outside Australia. The distinction from a justice of the peace matters. A justice of the peace can witness documents for domestic use, but their certification is generally not recognised internationally. Notarisation is often only the first step. Countries party to the Hague Convention require an apostille, issued by the Australian government, certifying the notary’s signature. Countries outside it require legalisation through their embassy or consulate instead.

A justice of the peace can witness documents for use within Australia. A notary public is separately admitted and their authentication is recognised internationally. Where a document is going overseas, a justice of the peace is generally not sufficient no matter how properly the signature was witnessed.

An apostille is a certificate issued by the Australian government confirming the notary’s signature and authority. It is required for documents going to countries party to the Hague Convention. Countries outside the Convention require legalisation through their embassy or consulate instead.

A wide range, including powers of attorney, statutory declarations, company documents, certified copies of identity documents and academic qualifications. What matters more than the type is the form the receiving authority requires. That is worth confirming before the document is prepared.

The notarisation itself is usually quick once the document and identification are in order. The additional authentication is what takes time. An apostille is generally faster than consular legalisation, which depends on the embassy concerned and can take considerably longer.

Check what the receiving country requires first

Tell us the document and the country it is going to. We will confirm what form of authentication is required before anything is signed.

The wrong form of witnessing means the document comes back

You have been asked to provide a notarised document, usually at short notice and usually as the last step in something else. What is often not clear is exactly what is being asked for. Notarisation, an apostille and consular legalisation are three different things, and the requirement depends on the country and the purpose. A document authenticated in the wrong form is rejected, and the process starts again.

Someone overseas has asked for a notarised document and the deadline is close

You are dealing with a property sale in another country, or a visa, or an inheritance, or a company registration abroad. The other side has asked for documents to be notarised. You may never have needed a notary before, and the request does not explain what form the authentication has to take. The deadline is usually somebody else’s, and it is usually soon.

What's included in your notarial service

Why documents get rejected

Almost every rejection comes down to the same thing. The document was authenticated in a form the receiving authority does not accept.

The common versions are straightforward. A document witnessed by a justice of the peace when the receiving country requires a notary. A document properly notarised but sent without the apostille that country requires. A document notarised and apostilled when the destination is not a Hague Convention country and needs consular legalisation instead.

The cost is rarely the fee. It is the time. Documents have to be re-executed, re-authenticated and re-sent, often from the other side of the world. Meanwhile a settlement, a visa or a court date waits. Confirming the requirement before anything is signed takes a phone call.

From an unclear request to a document that will be accepted

We start with the destination rather than the document. What the receiving authority requires decides everything else, and it is worth establishing before anybody signs anything.

Then we complete the notarisation in the correct form and arrange whatever has to follow it. Where an apostille is needed we obtain it. Where the country requires consular legalisation we tell you which embassy, what they will want and how long it takes. Sometimes the document itself needs changing before it will be accepted. We would much rather say so at the start than after it has been sent.

How we notarise a document

Confirm the requirement, notarise correctly, then authenticate.
1

Confirm the requirement

We establish what the receiving authority in the destination country will actually accept.

2

Notarise correctly

We complete the notarisation in the form required, having checked the document itself first.

3

Arrange authentication

We obtain the apostille, or arrange consular legalisation where the destination requires it.

Notarisation in the form the destination country accepts

Nobody plans for this. The request usually arrives inside another transaction, from somebody who assumes you already know what a notary is.

One of our lawyers is a member of the Notaries Society of South Australia. We notarise documents for use overseas, advise on whether an apostille or consular legalisation is required, and arrange it. Where the request you have been given is ambiguous, we will work out what the receiving authority actually needs before the document is executed.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Get your documents authenticated properly

Tell us what the document is and which country it is going to. We will confirm the form of authentication required, notarise it, and arrange the apostille or legalisation.

More on this area of law

See all articles