When dealing with important documents (especially those that cross borders) you may be asked to have them “notarised”. But what exactly does that mean? This guide will clearly explain what is a notary, what is a notary public, and what is a legal notary within the Australian context. We’ll also define notaries in plain language and outline when you might need one, how to find one, and what makes this role so essential in legal and business life.

What is a Notary Public in Australia?

In Australia, a Notary Public (also commonly called a 'public notary' or simply a 'notary') is a senior legal professional. They are appointed by the Supreme Court of a state or territory with a special authority recognised internationally.

The primary role of a Notary Public is to prepare, witness, and certify documents so they are legally accepted in overseas countries.

What does a Notary do?

A Notary’s main job is to add official verification and authenticity to documents, ensuring foreign governments, courts, and organisations can trust that they are genuine.

Their key functions include:

Witnessing signatures on documents

A notary public witnesses the signing of important documents (such as powers of attorney, contracts, affidavits, and company documents) especially when they will be used in another country.

Certifying true copies of documents

If you need to send copies of passports, academic transcripts, birth certificates, or company documents overseas, a notary can certify that these copies are true and accurate versions of the originals.

Verifying identity and capacity

A notary ensures that the person signing a document is properly identified and mentally capable of doing so. They may check official ID, business credentials, and company authority.

Administering oaths and affirmations

Notaries can take oaths, declarations, or affirmations, often for affidavits or statutory declarations to be used overseas.

Preparing notarial certificates

For certain transactions, a notary will prepare a formal certificate confirming the details of their witnessing or certification, affixed with their unique seal and signature.

Assisting with legalisation or apostille

Some foreign countries require an additional step after notarisation, known as “legalisation” or “apostille” from the Department of Foreign Affairs and Trade (DFAT). Notaries often guide clients through this process to ensure documents are fully recognised abroad.

Why are Notaries so important?

Notaries play a crucial role because of Australia’s strong international connections, through; trade, property ownership, education, and immigration.

Whether you’re buying property overseas, expanding your business internationally, or applying for dual citizenship, a notary ensures your documents are legally valid outside Australia.

Without proper notarisation, foreign authorities may reject your paperwork, causing unnecessary delays, costs, or even invalid transactions.

For example:

• An Australian company signing a contract with a European partner may need notarised documents to meet EU legal standards.
• An individual executing a power of attorney for use in Asia will need the document notarised to confirm its legitimacy.
• Universities and professional bodies overseas often require notarised copies of Australian degrees and transcripts for verification.

Notary vs Lawyer vs Justice of the Peace

Many Australians confuse the role of a notary public with that of a lawyer or justice of the peace (JP). 
Just quickly though, here’s a summary of what a lawyer and a justice of peace professional does:

• A lawyer provides legal advice and representation.
• A JP provides free witnessing and certification for domestic purposes.

Here’s how they differ to a notary:

Only a notary public can authenticate documents that will be accepted by foreign authorities.

When do you need a notary in Australia?

You’ll likely need a notary when your documents are destined for overseas use. Common situations include:

• Overseas property transactions – Buying or selling property abroad often requires notarised powers of attorney or identification documents.
• International business contracts – Companies signing agreements or authorising representatives overseas.
• Migration and citizenship applications – Certifying passports, birth certificates, or identification documents.
• Education and employment – Notarising degrees, academic records, or employment references for foreign institutions.
• Personal legal documents – Wills, powers of attorney, and affidavits to be used in another country.

If the document is to remain within Australia, a JP or standard lawyer’s certification is usually enough. But once it crosses borders, a notary public is essential.

How to find a Notary Public in Australia

Finding a notary is easy with Bark. When choosing, look for:

• Experience with international documents
• Transparent pricing
• Clear guidance on whether further legalisation or apostille is required

Compare Notaries and solicitors.

How much does a notary cost?

Fees for notarial services in Australia aren’t fixed, but generally depend on:

• The complexity and number of documents
• Whether copies or originals must be certified
• Whether a certificate or DFAT authentication is required

Typical fee ranges

Keep in mind that prices vary depending on the state or territory, the experience of the notary, and the urgency of the matter. Some notaries also offer discounted rates for multiple documents or repeat clients. Most notaries provide an upfront quote, and for peace of mind, it’s worth confirming exactly what’s included.

For more information, read our guide on the cost of notaries.

Value beyond the fee

While some people view notarisation as just another expense, it’s important to remember that a notary’s seal carries significant legal weight internationally. Using a qualified, experienced notary ensures your documents are accepted abroad without costly rework or rejection, a worthwhile investment when dealing with overseas authorities, banks, or legal systems.

Disclaimer: This article is for general information only and does not constitute legal advice. For personalised guidance, please consult a legal professional.