Steeped in history, dating back to Roman times, the Notary Public is a highly respected and trusted position, providing a very practical and contemporary service today, for those with international business and legal matters.
What is a Notary Public?
In Queensland a notary public is appointed by the Court of Faculties in London. Unlike other jurisdictions in Australia and overseas the appointment of a notary public in Queensland is for the life of the public notary.
A Notary Public’s appointment is accepted worldwide. A notary public has her/his own seal which she/he affixes to documents they sign.
A notary public’s signature and seal is evidence that a document has been notarised.
A notary public’s signature and seal is registered with the Court of Faculties in London and by the Commonwealth Department of Foreign Affairs and Trade (DFAT).
Most lawyers are not notaries but in Queensland all notaries must be lawyers of at least 10 years’ experience.
A notary public’s work is varied but typically a notary public’s signature can be found on:
- Powers of Attorney
- Affidavits
- Statutory Declarations
- Contracts
Particularly, where they are required for foreign jurisdictions.
A notary public is also asked to verify shipping documents, certify the legitimacy of important documents and verify degrees of Australian universities and other tertiary institutions.
A notary public’s service is critical to the good administration of legal systems in Australia and overseas.
Only a notary public properly appointed by the Court of Faculties in London can legally perform notarial acts in Queensland.
It is important to choose an experienced, qualified and trustworthy notary public for all your notarial needs.
For notary services in Brisbane, please contact Peter Tobin on 0438 001 809 for an appointment.
Is a JP the same as a Notary?
There is very little comparison between the role of a Justice of the Peace and a Notary Public.
A JP must be someone of good standing in the community appointed by the Queensland Government. A JP has no jurisdiction outside Australia. For any documents required by a foreign jurisdiction you must consult a notary public.
A JP does not require any legal qualifications.
On the other hand, a notary public is appointed by the Court of Faculties in London and must be a qualified and experienced lawyer.
The Notary is a public officer with the authority to:
- Witness signatures for documents required for Australia and overseas use in other countries, including affidavits, powers of attorney, statutory declarations, and contracts.
- Certify that copies of documents are legitimate and valid
- Prepares and certifies wills, deeds, contracts, powers of attorney, and contracts for Australian and international use.
- Administer oaths and verifies documents for both international and Australian documents.
- Exemplifies official documents for use overseas.
- Notes and protests bills of exchange and prepares ship’s protests.
For Notary services in Brisbane, please contact Peter Tobin for an appointment on 0438 001 809.
A Brief History of Notaries
In Roman times, the notary, from the Latin ‘notarius’, was a title and role given to high government officials. In 1279, the Pope gave authorisation for the Archbishop of Canterbury to appoint notaries, and in 1533, the King of England was given this power, which he passed to the Archbishop. The British Government created a Court of Faculties under the Archbishop of Canterbury to carry out this task.
While other states differ, Queensland maintains this historical link with Notaries appointed by the Archbishop of Canterbury through the Court of Faculties. Practising solicitors and lawyers apply to the Court of Faculties in Britain, and after a thorough verification process which can take up to 2 years, they are appointed as a notary, a position of the highest trust.
