3, Sussex Terrace, Hawthorn, South
Telephone: 0435 588 775
OF THE NOTARIAL ACT
The notarial act must usually be authenticated in accordance
with the requirements of the destination country. Authentication will
allow the notarial act to be recognised and acted upon in the
destination country. Authentication may be by way of apostille
- The Convention
of 5 October 1961, Abolishing the Requirement of Legalisation for
Foreign Public Documents, known as The
Hague Apostille Convention
("the Convention"), provides a relatively simple method, for those
countries which are party to the Convention, for the signatures and
seals of notaries to be authenticated in the country of origin and
recognised in the country of destination.
- Australia is a
party to the Convention. In the case of
any document to be used in another country which is also a party to the
Convention, authentication is provided by way of an "apostille". This is
a special certificate, provided by the Department of Foreign Affairs
and Trade ("DFAT"), for a fee. It is placed directly on the document
itself or on a separate attached page (called an "allonge").
- The Adelaide office of
DFAT is at 5th Floor, Allianz House, 55 Currie Street,
Adelaide. Appointments for apostilles and
authentications are mandatory and are available only between
8.30am and 1.00pm on weekdays
(excluding public holidays). The telephone number for
appointments is 1300 935 260.
- My service can
include procuring an
apostille on your behalf.
- In the case of
any document to be used in another country which is not a party to the
Convention, authentication is provided by way of legalisation.
process entails two stages
following the notarial act:
authenticates the notary's signature and seal, by the provision of a
certificate, either placed directly on the document itself or on an
diplomatic or consular mission of the destination country then
The process can be
protracted and expensive,
especially if the relevant country has no diplomatic or consular
representation in Australia.
- My service can
include procuring legalisation on your behalf.
Countries and jurisdictions which do not require
authentication of Australian
- Most countries which
are members of The Commonwealth, or are British
Overseas Territories, do not require any form of authentication of an
notary's signature and seal. Notable exceptions are Bangladesh, Cyprus,
India, Kenya, Pakistan and South Africa.
- The states and
the United States of America have various
requirements, dependant on the nature and purpose of the document
concerned. For example, some states do not require an apostille unless
the document relates to real estate or is permitted or required to be
registered or recorded in any municipal, county or state office.