What is an Apostille?

If you need to use an Australian document overseas, you may be asked to obtain an apostille.

An apostille is an internationally recognised certificate issued by the Department of Foreign Affairs and Trade that confirms the authenticity of a signature, seal or stamp on a document, allowing it to be accepted in another country that is a member of the Hague Apostille Convention.

A common misconception is that every document can be apostilled immediately. In reality, whether a document can receive an apostille directly depends on the nature of the document and the signature it bears.

An apostille authenticates the signature and official capacity of a public official. For this reason, original documents issued by government authorities, courts, registries and certain public institutions can often be apostilled without any prior notarisation.

Note however that only an official copy issued by the government authority (such as a birth certificate) can be directly apostilled. You need to be prepared to part with that ‘original’. If you want to retain the ‘original’ and send a photocopy to the overseas authority, you will need to have it notarised before it is apostilled.

Documents that have been signed by individuals, company representatives or other non-government parties will generally need to be notarised before an apostille can be obtained. In these cases, it is the the apostille is issued in respect of a notarial certificate bearing signature and seal of the Notary Public (which is bound to the document by ribbon and seal) rather than on the document itself.

Examples of documents that commonly require notarisation before apostille include powers of attorney, corporate resolutions, commercial agreements, consent letters and declarations.

Understanding this distinction is important, as attempting to obtain an apostille on a document that first requires notarisation can result in delays and additional costs.

If you are unsure whether your document can be apostilled directly or requires notarisation first, seeking advice before commencing the process can help ensure the document is prepared correctly for international use.

Don’t overpay for your notarial services

Notarial services should not come with unexpected costs. At Penmans, our notarial fees are charged in accordance with the notarial scale of fees, ensuring clients pay a fair and appropriate amount for the services provided. We believe in transparent pricing and clear communication, so clients can proceed with confidence knowing they are receiving expert assistance without unnecessary or inflated charges.

Equally important is ensuring that the correct authentication process is followed from the outset. We regularly assist clients who have attempted to obtain an apostille on documents that first required notarisation, resulting in avoidable delays, additional steps and increased costs. By obtaining professional advice at the beginning of the process, clients can ensure their documents are prepared correctly the first time, saving both time and money.

For more information complete our contact form and a member of our team will be in touch.