When an overseas property transaction requires documents to be signed in Australia, the appointment is only one part of the process. The overseas lawyer or notary may require a particular authority, declaration or form of execution. Preparing those instructions early helps align the Australian notarial work with the transaction timetable and avoids discovering a missing requirement shortly before settlement.
Let the overseas adviser define the requirement
Ask the professional handling the property transaction to provide the complete document and written execution instructions. Explain that signing will occur in Australia. The notarial training materials emphasise the importance of the required form, particularly where a foreign power of attorney is involved. A short signature certificate may not fulfil the requirements of a different notarial act. [N5]
Confirm what the document is intended to achieve. Is someone being authorised to sign for you, or are you making a declaration about a particular matter? Your overseas adviser should address the substantive property and legal questions. Provide their contact details so any uncertainty about the requested notarial process can be clarified before the appointment.
Review the complete package
Send the notary every page, including schedules and any supporting documents listed in the instructions. Identify the version that is final for signing. If the overseas adviser revises it, forward the new version promptly and explain that it replaces the earlier one. Clear version control is a simple way to avoid preparing a certificate for a document that has since changed.
Check names and descriptions against the records relevant to the transaction. If a name differs from your current identification, raise the issue with both advisers and ask what supporting material is required. Do not assume a difference is harmless or try to change a document yourself without instructions. The correct approach depends on the circumstances of the matter.
Arrange language and identity checks
Tell the notary if the document is in another language and discuss translation or interpreting needs. The handbook warns against assuming that bilingual text is necessarily reliable or that the required act can be performed without understanding it. [N6] Early discussion allows the appropriate materials and assistance to be arranged before anyone commits to a signing date.
Bring the identification requested and ask whether you should leave the document unsigned until the appointment. Identification and the nature of the requested act are central to the notary's assessment. [N1] [N2] If more than one person needs to sign, confirm who must attend and the arrangements proposed for each person rather than assuming one appointment covers everyone automatically.
Allow time after signing
Confirm any apostille, authentication or other required process and how the completed documents will reach the recipient. [N3] Ask the overseas adviser when the documents are actually needed, allowing for review and delivery. A scheduled property completion date should be communicated at the outset, not introduced only after the notarial work has begun.
Call Ardian Law on 02 8111 7700 to discuss documents for an overseas property matter. Have the destination, written instructions and transaction timetable available so the appointment requirements can be assessed.