Understanding Notary Public Services

Notary public services are essential for ensuring the authenticity and legality of documents, particularly when dealing with legal transactions and international matters. A notary public is a qualified professional authorised to witness the signing of documents, administer oaths, and certify documents to prevent fraud and ensure that all parties involved are who they claim to be. This service is crucial in various contexts, including property transactions, legal affidavits, and international documentation.

The role of a notary public extends beyond simple document verification; it involves providing a layer of legal assurance that the documents and signatures are genuine and that proper procedures have been followed. Engaging with a notary public can help mitigate risks associated with document fraud and ensure that your legal documents are recognised and accepted across jurisdictions.

Difference between Notary and a JP

In Queensland, both notaries public and justices of the peace (JPs) perform document verification tasks but have different scopes and qualifications. A notary public, typically a solicitor or barrister with additional accreditation, is authorised to witness, certify, and authenticate documents for international use and complex legal matters. They provide services that ensure documents are recognised globally. In contrast, a JP performs local duties such as witnessing signatures, certifying copies, and administering oaths for routine legal needs within Australia. JPs are usually volunteers appointed by the state government and handle more straightforward, community-focused tasks.

Key Aspects of Notary Public Services

In Queensland, a notary public is a legally qualified professional authorised to perform specific functions that ensure the authenticity and legality of documents. Their duties include witnessing signatures, administering oaths, and certifying copies of documents. Notaries in Queensland play a crucial role in preventing fraud and ensuring that documents are executed correctly, especially for legal transactions and international matters. Their services are essential for verifying identities and authenticating documents for use both within Australia and abroad.

Document Verification

A notary public verifies the identity of individuals signing documents and ensures that signatures are made voluntarily and with full understanding of the contents.

Administering Oaths and Affirmations:

They administer oaths and affirmations for various legal and official purposes, such as sworn statements and affidavits.

international Documents

For documents intended for use abroad, a notary public can authenticate documents to ensure they are recognised internationally, often requiring additional steps such as apostille certification.

Witnessing Signatures

Notaries witness and attest to the signing of important documents, including legal contracts, property deeds, and powers of attorney.

Certifying Copies

Notaries certify that copies of original documents are true and accurate, which is often required for legal and official purposes.

Preventing Fraud

By verifying identities and ensuring that documents are executed correctly, notaries help prevent fraud and ensure the integrity of the legal process.

Contact the Bickell & Mackenzie Team

Contact Form

Contact Form Test

Name(Required)
Email(Required)
Please let us know what's on your mind. Have a question for us? Ask away.

Certification

Blog Post

Latest Blog Post

Dec 12, 2024 Bickell and Mackenzie

Do I need to apply for

If you are the executor of someone’s Will, generally speaking, you will...

Dec 12, 2024 Bickell and Mackenzie

What is the stamp duty when

Stamp duty, also known as transfer duty, is a tax everyone pays...

Nov 18, 2024 Bickell and Mackenzie

Top five things first home buyers

Buying your first home is an exciting time, but it can also...

Nov 18, 2024 Bickell and Mackenzie

Living Wills – Estate Planning for

Estate planning for young people For many younger people, having a Will...

Oct 24, 2024 Bickell and Mackenzie

The Most Common Myths about Living

If you are of retirement age and considering living in a retirement...

Oct 19, 2024 Bickell and Mackenzie

The Dangers of DIY Will Kits

Your last Will and Testament is one of the most significant documents...

About Us

Bickell and Mackenzie

Bickell & Mackenzie provides legal solutions to clients within Brisbane Bayside, Redland Bay and surrounding areas.

We pride ourselves on delivering a high level of confidentiality, professionalism, and expertise across multiple areas of law.

Talk to your local experts by contacting the office today.

Bickell and Mackenzie

Frequently Asked Questions

Notary Public

  • What is conveyancing?

    Conveyancing is the legal process of transferring property ownership from one person to another. It involves preparing, verifying, and lodging various legal documents to ensure all legal obligations are met and the property transfer is smooth and secure.

  • Why do I need a conveyancer or solicitor for property transactions?

    A conveyancer or solicitor ensures that the property transaction complies with all legal requirements, identifies any potential issues with the property, manages the preparation and lodgement of documents, and protects your interests throughout the conveyancing process.

  • What are the steps involved in the conveyancing process?
    The conveyancing process includes pre-contract preparation, exchange of contracts, pre-completion tasks, completion (settlement), and post-completion tasks. Each step involves specific legal and administrative actions to ensure a smooth transfer of property ownership.
  • What is the difference between the exchange of contracts and completion?
    The exchange of contracts is when both parties sign the contract, making it legally binding. Completion, or settlement, is when the final payment is made, and ownership of the property is officially transferred to the buyer.
  • What searches are conducted during the conveyancing process?

    At Bickell and Mackenzie our standard searches are:  Council Rates; Water; Land Tax; Bankruptcy on Sellers; Contaminated Land; Main Roads; QCAT; Title Search; Plan Search. These searches help identify any potential issues with the property. In some cases additional searches may be required and incur additional fees.

  • How long does the conveyancing process take?
    The conveyancing process  takes a minimum 14 days, but in same cases can take 6 to 8 weeks or longer. The duration is really dependent on the transaction's complexity, the responsiveness of the parties involved, and any issues that arise during searches or inspections
  • What costs are involved in conveyancing?

    Conveyancing costs can include legal fees, search fees, stamp duty, land registration fees, and potential costs for additional services like building and pest inspections. It's important to obtain a detailed quote from your conveyancer or solicitor to understand all potential costs.

  • What is stamp duty, and who pays it?

    Stamp duty is a tax levied on property purchases. The buyer is responsible for paying stamp duty, which is calculated based on the property's purchase price and varies by jurisdiction.

  • Can conveyancing be done online?
    Yes, many aspects of conveyancing can be conducted online, such as document preparation, searches, and communication with all parties. However, some jurisdictions may require in-person attendance for certain parts of the process.
  • What happens if there is a problem with the property after completion?
    If issues arise after completion, the remedies available depend on the contract terms and the nature of the problem. You may be able to claim compensation or take legal action if there was a misrepresentation or an undisclosed defect during the conveyancing process.
Stay Conected

Subscribe to Our Newletter