By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Arjun lives in Blacktown. His family is in a dispute over land in Punjab, and the case is before a court there. His advocate emails him an affidavit and says it must be signed before a notary public in Australia and sent back with an apostille.
Court cases in India don't stop just because you've moved to Australia. If you're a party or a witness, your advocate may need your evidence in an affidavit, and you'll have to sign it here. An affidavit is a written statement that you swear or affirm is true, so it can't simply be signed at your kitchen table and scanned. Let's discuss this in further detail.
Who prepares an affidavit for a court case in India?
Your advocate in India prepares the affidavit, because they know the court, the case and the format the court expects. It's not up to us. If your advocate wants particular wording, page numbering or a verification clause, those are their decisions, and you follow them.
An Australian affidavit form isn't a substitute for the Indian affidavit recognised by an Indian court. There can be consequences for getting it wrong. Our role is to confirm your identity, have you swear or affirm the affidavit, witness your signature and notarise your affidavit. We don't change the wording or advise you on Indian law.
What should you check with your Indian advocate before signing the affidavit?
For most of our clients with court cases in India, the questions their advocate answers are:
- Is the content right? Read every paragraph before your appointment. Once it's notarised, a correction usually means signing a fresh affidavit. This means additional cost and unnecessary delays.
- Does it refer to attached documents? If it mentions documents marked as annexures, ask your advocate whether copies of them must be notarised as well. Usually, the annexure pages require notarisation (not the documents themselves).
- Does it require notary binding? If there are multiple pages, sometimes your advocate (because of the court in India) may ask for your document to be bound with a separate notary certificate. This is important because it changes the fees.
- Stamp paper. We have no Indian stamp paper or bonded paper in Australia. Your advocate must confirm that the affidavit can be printed on plain A4 paper. Otherwise, they must print and send you the hardcopy affidavit to sign.
- Where do you sign? Some advocates want a signature at the foot of every page as well as at the end. This is important because multiple signatures may increase the cost.
Does an affidavit for an Indian court need an apostille?
A court is exactly the kind of official recipient that knows about the apostille. Since India and Australia are both parties to the Apostille Convention, the apostille is the usual way for a court in India to accept that your affidavit was properly notarised here. Confirm it with your advocate, but if nobody can give you a clear answer, we treat the apostille as the default.
Now and then, a court office asks for attestation by the Indian High Commission or Consulate as well. That's a separate step with its own requirements. You can find more information about that in our other articles.
When your affidavit needs an apostille, we lodge it with the Department of Foreign Affairs and Trade (DFAT) once it's notarised.
What to bring to your appointment
- The affidavit, printed but unsigned. You swear or affirm it, and then sign, in front of our notary. Many courts have strict document requirements so you must ensure that the document has been prepared correctly and you print it in whatever form or format is required by the court. If you're not sure, ask your advocate in India.
- Your passport. If you don't have one, bring your Australian driver licence or photocard. We must be able to verify your identity before we can witness your signature on your affidavit.
- The original of every document that you need certified. Aside from any annexure pages, if you require other documents to be certified and notarised at the same time, you should bring the original documents. There is a limitation on what we can and cannot certify in Australia, so you may want to clarify this at the time of making an appointment.
- Your advocate's instructions. If your advocate has provided specific instructions, bring them. Our notary can review them to ensure that they follow the requirements as closely as possible. Clear instructions about notary attestation and apostille requirements would be helpful.
What happens after you sign your affidavit?
Example: the solution
Arjun read the affidavit through, confirmed a date with his advocate and booked an appointment. He affirmed and signed it in front of our notary, who notarised it along with copies of the two documents it referred to. After the apostille came back from DFAT, we couriered the bundle to his advocate in Punjab, and Arjun tracked it until it arrived.
Have an affidavit for an Indian court? Send us a quote request, or reach us on WhatsApp.
About Us
This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.
As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.
Phang Legal — Parramatta6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150
Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155
Call 02 9687 8885 | WhatsApp | Request quote
About the author
Ern Phang — Solicitor & Notary Public
This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.
Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.
Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.
Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.
