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Public Notary Services

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Priest Legal is pleased to offer Public Notary Services in New South Wales, and in particular, to the Port Macquarie Hastings Community.

A Public Notary has been likened to “an International Justice of the Peace” because, almost exclusively, the work of a notary involves documentation required by a client for overseas use. By comparison, legal documentation for use within Australia can usually be dealt with by a qualified lawyer.

Public Notaries are appointed by the Supreme Court of New South Wales pursuant to the Public Notaries Act 1997 (NSW) and the Public Notaries Appointment Rules 1998. To be eligible for appointment as a Public Notary the applicant must be a lawyer of a minimum of 5 years standing, must complete the prescribed Notarial Practice Course, and must successfully obtain admission via the Legal Profession Admission Board.

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The most common functions or tasks of Public Notaries within Australia tend to be:

Authenticating official, Government and personal documents and informationfor use overseas.

  • Witnessing signatures of individuals to documents and authenticating identity.
  • Witnessing Powers of Attorney for use overseas, including from time to time, preparing them.
  • Certifying true copies of documents for use overseas.
  • For corporations and business, witnessing documents and authenticating status and transactions.
  • Dealing with documentation for land, property and deceased estates overseas.

Legalisation of the Public Notary’s Signature

In many instances the document/s to be sent overseas may require the signature and seal of the Public Notary to be legalised (certified as correct) by the Australian Department of Foreign Affairs and Trade (DFAT). Once DFAT has issued its certificate and endorsed or attached it to the Notary’s document, the document may have to be further certified at the Consulate or Embassy of the foreign country to which it is to be sent. The Consulate or Embassy is in effect certifying the Australian Government’s seal and signature on the document is correct.

The Public Notary can usually help the client by explaining DFAT’s requirements and the requirements of the particular Consulate. Many countries, including Australia, are signatories to a Convention that overcomes the double requirement of legalisation and then certification by the Consulate. Member countries instead issue an “Apostille” which cuts time and expense for the client. The Apostille is a statement identifying the signature of the Notary and comprises a large stamp affixed to the Notary’s signed document. Under The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents of 1961, the Australian authorised affixer of the Apostille is DFAT.

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    - Family Law
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    - Public Notary Services
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  • Blog
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  • Contact Us
    - Port Macquarie
    - Wauchope

Contact Us

  • 41 Hay Street, Port Macquarie, NSW 2444
  • 49 Hastings Street, Wauchope, NSW 2446
  • 02 6583 1777 (Port Macquarie)
  • 02 6586 4922 (Wauchope)
  • 02 6584 9516
  • info@priestlegal.com.au

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