FAQs
Notary | Apostille | Document Legalisation

A notary in NSW is a qualified legal professional appointed by the Supreme Court to verify documents and signatures and other notarial acts. They play an important role in ensuring the authenticity of documents intended for use overseas.

Witnessing Signatures: Notaries verify your identity and witness you signing important documents. This adds credibility and reduces the risk of fraud.

Verifying Document Authenticity: Notaries can verify the authenticity of original documents or confirm that copies are true reproductions. This is essential for documents used in foreign countries where they may not be familiar with the original source.

Many countries require documents to be notarised for them to be legally recognised. A notary ensures your documents meet these requirements, avoiding delays or complications when used abroad.

In NSW, only lawyers who meet specific criteria are appointed as a notary by the Supreme Court. This ensures they have the necessary legal expertise and qualifications.

Notary acts are essential for verifying documents and signatures. Here are some of the most common notarial acts:

1 | Witnessing signatures. A notary verifies your identity and watches you sign important documents. This adds an extra layer of security to prevent fraud.

2 | Certifying Copies. Need to send a copy of an important document (like a passport or transcript) rather than the original? A notary can verify the copy is a true reflection of the original document.

3 | Authenticating documents. For documents that are electronically issued, originate from foreign sources, or are at risk of being forged, a notary can authenticate their legitimacy. This service is crucial for ensuring that such documents are recognized as valid and trustworthy for legal and official use.

The party requesting the notarised document (for example e.g. government agency, school, employer) typically specifies the required type of notarisation. It is important to follow their exact instructions to avoid rejection of the notarised document. Remember, the primary goal is to meet the requirements of the requesting party.. A notary's requirements only arise once the notarisation required is identified or specified.

If you are uncertain or unclear about the type of notarisation required, it is essential to seek clarification from the party requesting the notarised document. A notary may also assist in determining the correct notarisation, though this might require a consultation if the requirements are not immediately apparent. Ensuring you have the correct notarisation is crucial to prevent delays or the rejection of your documents.

The turn around time depends on the complexity of the notary service required.

For simple notary services, such as providing certified copies (Service 1) or witnessing the signing of documents (Service 2 or Service 3), the process generally can be completed during your appointment , provided that that a copy of all the necessary documents are sent to us in advance.

More complex notary services, such as authenticating a document (Service 4), may require additional steps and the cooperation of 3rd parties. This process can take between 1-5 business days, sometimes longer., depending on the circumstances.

A notary certificate can be applied to the finalised document in various ways, depending on the document practicalities. It may be attached as a separate certificate, printed directly onto the document, or applied using a rubber stamp.

Regardless of the method used, the certificate and the finalised document will be physically embossed with the notary's unique seal, indicating authenticity and security.

A notary seal is a physical embossing, inked rubber or electronic stamp used by a notary public to notarise documents. The seal is unique to the notary and when used alongside the notary's signature, serves to confirm the authenticity of the notary certificate and or notarised documents.

In New South Wales, a copy of the notary's signature and seal is kept on file by the administrative body responsible for registering notaries. This ensures that the authenticity of a notary's seal or certificate can be verified if required. Additionally, a copy is held by the Department of Foreign Affairs and Trade (DFAT) for reference when legalising notarised documents.

If the finalised document, along with the notary certificate, consists of multiple pages, the pages will be bound together with a ribbon and sealed with the notary's seal. This practice prevents any tampering or alteration of the notarised document.

Yes, we can notarise original physical documents that have a wet signature, seal or stamp and remain unaltered. For more details, please refer to Service 1 on our booking page.

Document legalisation is the process of certifying a document so that it will be recognised as valid and authentic in another country. This process typically involves verifying the authenticity of the document's signature, seal, or stamp by a competent authority in the country where the document was issued.

The legalisation process usually includes two main steps:

• > Certification by a Local Authority: The document is first certified by an appropriate authority within the country of origin of the document. This could be a notary, a government department, or a combination of both, depending on the type of document and local requirements.
• > Authentication by the Consulate or Embassy: After the local certification, the document may need to be authenticated by the consulate or embassy of the country where the document will be used. This step typically verifies that the local certification meets the legal requirements of the foreign country.

For countries that are part of the HCCH 1961 Apostille Convention (Apostille Countries), this process is simplified through the issuance of an apostille. This eliminates the need for additional consular legalisation. However, for countries that are not Apostille Countries, full consular legalisation may be required.

In Australia, depending on the the nature of the document and the recipient country the document legalisation process may involve:

• > For Apostille Countries: notarisation of the document by a notary and an apostille certificate from the Department of Foreign Affairs and Trade (DFAT).
• > For non Apostille Countries: notarisation of the document by a notary, an authentication certificate from DFAT, and an additional authentication certificate form the Consulate or Embassy of the recipient country where the document will be used.

notarisation and legalisation are two distinct processes used to validate documents, but they serve different purposes and involve different steps:

• > Notarisation: This is the process of having a document verified by a notary . A notary is authorised to attest to the authenticity of signatures on a document or other attributes of the document. notarisation is typically used for documents that will be used within the same country or a foreign country and may be a necessary step before legalisation .
• > Legalisation: Legalisation, on the other hand, is the process of certifying a document so that it is recognised as valid and authentic in another country. This usually involves two main steps:
  • > Certification by a Local Authority: The document is first certified by an authorised body in the country of origin, such as a notary or a government department, or a combination of both.
  • > Authentication by the Consulate or Embassy: The document is then authenticated by the consulate or embassy of the country where the document will be used. This step verifies that the local certification meets the legal standards of the foreign country.

In some cases, notarisation may be a preliminary step before legalisation. For instance, a document may need to be notarised first before it can undergo the legalisation process if it is to be used internationally.

Legalisation is required if the party requesting the notarised documents specifically asks for a legalisation certificate for the recipient country where the documents will be used.

If you are unsure whether legalisation is necessary for your notarised documents, it is important to clarify this with the person or organisation requesting the documents. This can help avoid unnecessary costs and ensure that you meet all requirements.

Legalisation via an apostille is a simplified process for validating documents for international use. It involves the issuance of an apostille, which is a certificate that authenticates the origin of a public document. This process is applicable in countries that are part of the HCCH 1961 Apostille Convention ( Apostille Countries).

In Australia, this involves:

• > Notary Certificate:The document is notarised by a notary.
• > DFAT Apostille Certificate: The Department of Foreign Affairs and Trade (DFAT) then validates the notary's signature, seal and certificate and issues and attaches an apostille certificate.

If the document is a certain class of public document and is an original, then a DFAT apostille may be obtained without the need for notarisation.

Legalisation via a consulate is the process of having a document certified by the consulate or embassy of the country where the document will be used. This process is required when dealing with countries that are not part of the HCCH 1961 Apostille Convention, that is not Apostille Countries.

In Australia, this typically involves:

• > Notary Certificate:The document is notarised by a notary.
• > DFAT Authentication Certificate: The Department of Foreign Affairs and Trade (DFAT) then validates the notary's signature, seal and certificate and issues and attaches an authentication certificate.
• > Consular Authentication Certificate: The consulate or embassy of the recipient country verifies that the DFAT authentication is genuine and issues and attaches its own authentication certificate.

If the document is a certain class of public document and is an original, then a DFAT authentication certificate may be obtained without the need to have the document notarised first .

Countries that require legalisation of documents via an apostille are signatories to the HCCH 1961 Apostille Convention, which currently includes over 126 countries. You can view the full list of these countries here: Apostille Countries.

Check with the requesting party if an apostille is necessary as it may not always be required.

Countries that require legalisation of documents via their consulate or embassy are those not part of the HCCH 1961 Apostille Convention Apostille Countries.

The Department of Foreign Affairs and Trade (DFAT) is the sole authority for issuing apostilles and authentications in Australia. Unfortunately, obtaining an apostille/authentication from DFAT is not typically an over-the-counter, same-day service unless exceptional circumstances can be substantiated.

Applications for a DFAT apostille/authentication can be submitted either by post or by appointment. Processing times can vary significantly, ranging from several business days to a few weeks., depending on DFAT workload, postal delays, and DFAT appointment availability.

If you submit documents by appointment, the lead time for securing an appointment can sometimes be several weeks, particularly during busy periods.

We offer various DFAT apostille/authentication services to accommodate different time frames:

• > Service 5 Option 1 (Standard): Turnaround time is a minimum of 10 business days or more.
• > Service 5 Option 2 (Fast-Tracked): Turnaround time is 5 business days or less.
• > Service 5 Option 3 (Urgent): For substantiated urgent cases, turnaround time can be the next business day, if not the same day.

The time required to legalise a document at a foreign consulate can vary, depending on the country, type of document, consulate process and workload, and postal delays.

A consulate legalisation certificate typically includes at least the following elements:

• > Details of the Document: A description of the document being legalised, including a reference number or unique identifier for the document.
• > Certification Statement: A statement confirming that the document has been examined and is deemed genuine, and that the signatures, stamps, and seals on the document are authentic.
• > Details of the Issuing Authority: The name and position of the official performing the legalisation & the name of the issuing authority and its official seal or stamp.
• > Date and Location: The date on which the legalisation was performed
• > Signatures: The signature of the consular officer or authorised representative who has reviewed and approved the document.
• > Additional Information: Any specific requirements or conditions attached to the legalisation.

Service 1 or Service 4 on our booking page

If you require a certified copy of a document(s), or need a document(s) to be verified as authentic, we require an advance quality copy of the document(s) that will be copied or verified as a PDF.

In the case of documents to be verified as authentic, Service 4, we may also require sufficient contact details of the author or the issuing body of the document including a name, direct phone number and direct email, if it is not self evident from the document.

Service 2 or Service 3 on our booking page

If you are signing a document(s), we require a quality copy of a government issued photo identification of each signatory such as a passport as a jpg, and a quality copy of the document(s) that will be signed, as a word .docx or PDF.

Quality copy

We may use the document(s) you send us in advance in the finalised document & certificate(s), so the quality you send us is what what you may receive as part of the finalised document.

Service 1 on our booking page

If you require a certified copy of a document(s), we require the original physical document(s) that you sent in advance, and optionally a colour copy of the document(s) that we can use as the certified copies if you want a specific quality for the certified copy.

'Original physical document' means a physical document that is not a printed version, and has a wet signature, seal or stamp on it and has not been altered.

Service 2 or Service 3 on our booking page

If you are signing a document(s), we require the original government issued photo identification of each signatory that you sent in advance, and the document(s) that are to be signed before the notary.

Service 4 on our booking page

If your documents were obtained the documents from an online account with an issuing body, for example a utility bill or court document, we require you to bring your account login details and credentials so you can download the relevant documents in our presence allowing us to complete the document verification process.

The cost to notarise one or more documents depends on the specific notary service required. You can view our fees for various notary, document legalisation, and other services on our booking page , which includes our standard and discounted online schedule of fees.

If you have multiple documents requiring notarisation and/or legalisation, contact us now, as we may offer additional discounts if there are efficiencies in the process or timing.

We accept cash, credit/debit cards, and electronic payments including PayID.

If you’re looking to minimize your notary costs, there are steps you can take:

• > Understand Your Notary Requirements:
  • > Carefully review the instructions provided by the person asking for the notarised documents.
  • > Identifying the services you need by visiting our booking page and exploring the FAQs and other information on our website for further clarity.
  • > If needed, seek clarification from the requesting party, or book a consultation with a notary to help identify your specific requirements.


• > Book the Services You Need:
  • > Once you are clear on your requirements, book an appointment for the specific notary services you need through our booking page or calling our office.


• > Prepare for Your Appointment:
  • > Review the information related to the requested notary services well in advance of your appointment to ensure you are well-prepared.


• > Submit Documents in Advance:
  • > Send us all relevant documents (PDF, DOCX, JPG) in advance, preferably in high print quality, to avoid the need for document manipulation or scanning, which could incur additional costs.


• > Bring Original Documents:
  • > Ensure you bring all relevant original documents to the appointment to avoid the need for a return visit and additional costs.


• > Be Punctual:
  • > Arrive on time for your appointment to ensure a smooth and efficient process.

You can schedule an appointment by calling us on 02 9299 7731 or book online and save!

Our notaries are in legal practice, so we recommend scheduling an appointment to ensure availability and proper preparation for your visit, which can also help minimise costs.

Walk-ins are accepted subject to availability. However, to ensure prompt service and minimal costs, we strongly recommend making an appointment..

We may be able to provide urgent appointments with a notary. Some urgent requests may require the engagement and cooperation of external bodies, such as DFAT, foreign consulates, educational institutions, registries, or employers. In these cases, fulfilling urgent requests will depend on the availability and responsiveness of these third parties and may incur additional charges.

If you have an urgent request, contact us now to discuss your requirements.

We can provide after-hours appointments; however, additional charges may apply for this service.

If you require an after-hours appointment, contact us now to discuss your requirements.

We can provide an out-of-office appointment at a location of your convenience; however, travel and waiting charges may apply for this additional service.

If you require an out-of-office appointment, contact us now to discuss your requirements.