What Is Notarisation and When Do You Need a Notary Public?
If you have ever been told to have a document “notarised,” you might be wondering what that actually means. Notarisation is a formal process used to verify and certify documents, for use outside of Australia. It ensures that the person signing the document is who they say they are, and/or that a document is a true copy of the original.
What Is a Notary Public?
A Notary Public is a senior lawyer appointed by the Supreme Court with the authority to witness signatures, certify true copies, and verify documents intended for international use.
Unlike a Justice of the Peace (JP), who can only assist with documents for domestic use (within Australia), a Notary Public is internationally recognised. They play a critical role in cross-border legal and business transactions.
When Do You Need a Document Notarised?
Documents need to be notarised when they are going to be used in a foreign country.
Common scenarios include:
- Powers of Attorney for overseas use
- Foreign property transactions
- Company and ASIC documents for international regulators
- Affidavits and declarations for courts or governments overseas
- Academic qualifications or identity documents for visa or immigration processes
- Commercial contracts, leases or loan documents involving international parties
- Documents required for overseas estates or probate matters
What Does the Process Involve?
When you attend an appointment with a Notary Public, they will:
- Verify your identity – usually requiring original photo ID (e.g. passport or driver licence).
- Confirm your understanding of the document and check for any signs of duress or incapacity.
- Witness your signature on the document.
- Apply a notarial certificate and an official seal or stamp and sign the document, certifying it for overseas use.
For certain documents, the notary may also provide a formal certificate explaining what was done at the appointment.
Legalisation and Apostilles
Some overseas institutions may require additional authentication, confirming the identity of the Notary Public:
- Legalisation: The notarised document is verified by the Australian Department of Foreign Affairs and Trade (DFAT) and possibly by the relevant Embassy or Consulate.
- Apostille: If the destination country is a signatory to the Hague Apostille Convention, DFAT can issue an Apostille—a streamlined certificate verifying the notary’s authority and signature.
Notary Public vs Justice of the Peace
While both can certify documents and witness signatures, there are key differences:
| Justice of the Peace (JP) | Notary Public |
| Services free of charge | Charges professional fees |
| Valid for Australian use only | Recognised internationally |
| Cannot assist with foreign property, visas or cross-border business | Required for international documents |
What Should You Bring to a Notary Appointment?
Before attending your appointment, make sure you have:
- The document/s needing notarisation
- Valid photo ID (passport, driver licence)
- Instructions from the overseas institution, if applicable
- Any necessary translations (if your document is not in English)
- Payment (fees are usually charged based on the number and type of documents)
Important: Do not sign the document beforehand. The notary must witness you signing it in person.
Can a Notary Public Draft my Document?
Yes. Many notarial appointments require both drafting and certifying legal documents. Because Notaries are experienced lawyers, they can assist with preparing Powers of Attorney, agreements, statutory declarations and more—especially where international legal requirements apply.
Book a Notary Appointment with M+E
At M+E, we understand how critical notarisation can be in time-sensitive international matters. We offer fast, reliable, and professional notarial services for individuals and businesses alike.
If you have a document that needs to be notarised, or you are unsure what is required, get in touch with Wayne Riggien (wayne@morganenglish.com.au) and our team at M+E today.
