By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Kavya's contact in India says a justice of the peace can sign her declaration because it's quicker and free. Her cousin had the same kind of document rejected in India last year.
Technically, documents from Australia should be notarised and apostilled to be accepted in India. Let's discuss when that matters.
Why notarised?
In most cases, if you're sending documents back to India - you're going to need to have your documents notarised. The concept of having documents notarised is central to many transactions in countries all over the world, especially if you're transacting across different country borders.
Technically, for documents originating in Australia (ie, signed in Australia or Australian government documents), India should only accept them if they're stamped with an apostille issued by the Department of Foreign Affairs and Trade (DFAT). DFAT will only stamp a document with an apostille if it's an original Australian government document or if the document has been notarised by a notary public in Australia.
What's an apostille?
An apostille is a stamp issued according to the Apostille Convention (see more here) and recognised by member countries - such as Australia and India. Simply put this means if your document is stamped with an apostille on behalf of the Australian government, then government offices in India should recognise it as being a valid document. This is the formal approach and as stated, technically the correct process and procedure that all documents from Australia to India should follow.
Why only technically?
In practice, not everything strictly follows the technical requirements. Maybe whoever you're dealing with in India isn't familiar with the technical requirements or they have/follow their own requirements. For example, some people are asked to obtain the 'Indian Consulate' stamp which is only available from VFS (on behalf of the Government of India) and this may also involve obtaining an apostille as well. However, the majority of clients that we assist only need to have their documents notarised and stamped by a notary public.
What about a justice of the peace?
A justice of the peace is not a notary public. While signing or certifying documents in front of a justice of the peace in Australia can be used in Australia, it wouldn't be commonly accepted overseas in other countries - including India. Generally, the minimum requirement (aside from the apostille or 'Indian Consulate' stamp) for documents from Australia going to India would be to have them notarised. Some forms and documents can be stamped by a justice of the peace if you are submitting them to VFS, but if you're sending your document directly to India then consider having them stamped by a notary public.
If your document needs to be stamped with an apostille, DFAT won't recognise a stamp or signature of a justice of the peace - it has to be an original Australian government document or a document that's been notarised by a notary public.
To obtain a quote on our notary public services for India, please visit Request a notary quote.Example: the solution
Kavya asked her lawyer in India which formal steps her declaration needed. She then signed it in front of our notary public, who notarised it, and we arranged the apostille her lawyer asked for.
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.
