Notary Public

A Notary’s authority and functions are internationally recognised under the Hague Convention and private international law. Common notarial services include:

• Attesting and certifying that a document has been properly signed or executed

  Common examples: powers of attorney, contracts, company resolutions, property transfers, banking forms, consent to travel documents for unaccompanied minors.

• Verifying the identity, capacity, and authority of the person signing on behalf of themselves or a company

  Common examples: corporate appointments, agent authorities, or director certifications for use overseas.

• Taking affidavits and statutory declarations for use in jurisdictions outside Australia

  Common examples: affidavits, wills, and probate documents for overseas courts, and declarations of residency or financial status.

• Verifying true copies of documents against their originals

  Common examples: passports, birth, death, and marriage certificates, education qualifications, ASIC company records, and intellectual property certificates.

• Advising on legalisation requirements – by apostille or consulate/embassy

  Depending on the destination country and whether it is a Hague Convention member or not will determine your legalisation requirements.

Apostille is a French word, pronounced “APP-O-steel”.  It is a type of certificate applied to documents by countries who are members of the Hague Convention. The apostille certifies the signature, seal, or stamp on a public document, including notarial acts, produced within the member country’s jurisdiction. In Australia, the Department of Foreign Affairs and Trade (DFAT) is the competent authority for the purposes of the Hague Convention and issuing apostilles. In Canada, each province has their own competent authority, for example, in Alberta the competent authority is the Official Documents and Appointments Office of the Ministry of Justice.

Unless specifically requested by a particular receiving authority, not every receiving authority in a destination jurisdiction may require an apostille. For example, an apostille is not required for many Commonwealth countries if the public document, or notarial act, is from another Commonwealth country (this is the case for Australia and Canada).

The process of legalisation is the final step in the “chain of authentication” once a document has been notarised and before it is ready for international use. Legalisation is conducted one of two ways.

• Apostille – for Hague Convention countries, DFAT will affix an apostille to authenticate the document.

• Authentication and Consular Legalisation – for non-Hauge Convention countries, the destination country’s consulate or embassy will complete the authentication. For some countries, they may require DFAT to authenticate the notarial certificate first.

While notarial and legal practice are separate professions, in Queensland, all Notaries are also senior lawyers who are authorised to validate documents for use internationally. Importantly, not all Queensland lawyers are Notaries. As for JPs and CDecs, their functions are limited to domestic purposes only and do not need to be a lawyer.

Only Notaries are recognised internationally for their role in validating documents for use abroad. If your documents are intended for international use, they likely need a Notary, but please confirm your specific requirements with the receiving authority in the destination jurisdiction.

No. Latitude Legal does not provide any translation services. If required, we recommend using a NAATI-certified translator to assist you in preparing any documents for notarisation. You can find a directory of NAATI-certified translators and interpreters on NAATI’s website (www.naati.com.au). If you have any questions on notarisation of foreign language documents, please email us.

Yes. After-hours and weekend notarial appointment may be available by prior arrangement (subject to our availability). An after-hours fee may apply. Please email us to discuss.

Yes, in certain circumstances, if you are unable to meet us at our office, we can come to you. Additional fees for services by call-out may apply. Please email us to discuss. 

Coming soon – as part of our commitment to serving the notarial needs of Queensland’s regional areas, Latitude Legal will be implementing scheduled regional Notary visits to Central Queensland, the Darling Downs, and Wide Bay Burnett regions.

The cost of notarial services is unique to each case and will depend on your requirements, the type and number of documents involved, and whether a notarial certificate is required. Please email us your documents for a fee quote (please note, our fees are guided by the Society of Notaries Queensland’s recommended Scale of Fees).

Yes. Appointments ensure your documents are reviewed in advance so we can clearly understand what you require and provide you our fee quote before. Book your appointment on our website.

Most appointments take 15–30 minutes. But depending on what needs to be done with your documents, it may take longer to allow our Notary to prepare a notarial certificate and bind your documents. We will let you know when we provide you our fee quote before you book your appointment with us.