ABOUT MICHAEL PIU
Michael completed his legal training at the prestigious Monash University Law School in 1996 and undertook his practical training (articles) at a major national law firm in Melbourne. After moving to Perth to join a city law firm in 1998 he opened his own practice in Fremantle in 2000. He is a Barrister and Solicitor of the Supreme Courts of Victoria and Western Australia and of the High Court of Australia. He is a General Public Notary for the State of Western Australia and a Fellow of the Australian and New Zealand College of Notaries. Michael speaks Italian and has previously represented Italian and Australian clients in matters involving both countries in both litigation and business matters. He has a special interest in notarial documentation required for Italian transactions and is able to prepare documents directly in Italian. |
What is a Public Notary?
In Australia, Public Notaries are almost always a senior member of the legal profession with several years experience, who are specially appointed by the Supreme Court of the relevant State and Territory. A Public Notary (also known as a Notary Public or simply Notary) is in effect a public official of the State in which they are appointed and their "main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ship's protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction." (See Wikipedia). Unlike other countries, the normal scope of practice of a Notary in Australia relates to foreign and international transactions, and not domestic (local) transactions within Australia.
Some examples of functions performed by Notaries include (reference: Wikipedia):
Some examples of functions performed by Notaries include (reference: Wikipedia):
- attestation of documents and certification of their due execution for use internationally
- preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use internationally
- administering of oaths for use internationally
- witnessing affidavits, statutory declarations and other documents for use internationally
- certification of copy documents for use internationally
- exemplification of official documents for use internationally
- providing certificates as to Australian law and legal practice for use internationally
Apostilles
Often a person involved with a transaction overseas will be asked to obtain an Apostille on their relevant documentation. This can be a cause of confusion particularly when it is (incorrectly) implied the Apostille can be obtained from a Public Notary.
An Apostille is in effect a stamp which is applied by a Government Authority to the document in conformity with the Hague Convention (see Wikipedia). The relevant Government Authority in Australia is the Department of Foreign Affairs and Trade. The Convention provides a more convenient means in which documents issued in one country can be provided legal recognition in other countries who are part of the Convention. Apostille is the French word for "certification". In order to be eligible for an Apostille, a document must have been issued or certified by a public official recognised for the purposes. In Australia, a Public Notary is one such a public official. Therefore, documents which have been issued by a Public Notary, or have been "notarised" (certified) by the Public Notary, are eligible for the issue of an Apostille, if required.
Please note that a Public Notary cannot issue an Apostille as it in effect confirms the authenticity of the signature and seal of the issuer (or certifier) of the document, e.g. the Public Notary, themselves. Only the Department of Foreign Affairs and Trade (DFAT) can issue an Apostille in Australia.
For information about Apostilles, please see the Department of Foreign Affairs and Trade Website.
For DFAT office hours and specific requirements in your specific State or Territory, click here.
An Apostille is in effect a stamp which is applied by a Government Authority to the document in conformity with the Hague Convention (see Wikipedia). The relevant Government Authority in Australia is the Department of Foreign Affairs and Trade. The Convention provides a more convenient means in which documents issued in one country can be provided legal recognition in other countries who are part of the Convention. Apostille is the French word for "certification". In order to be eligible for an Apostille, a document must have been issued or certified by a public official recognised for the purposes. In Australia, a Public Notary is one such a public official. Therefore, documents which have been issued by a Public Notary, or have been "notarised" (certified) by the Public Notary, are eligible for the issue of an Apostille, if required.
Please note that a Public Notary cannot issue an Apostille as it in effect confirms the authenticity of the signature and seal of the issuer (or certifier) of the document, e.g. the Public Notary, themselves. Only the Department of Foreign Affairs and Trade (DFAT) can issue an Apostille in Australia.
For information about Apostilles, please see the Department of Foreign Affairs and Trade Website.
For DFAT office hours and specific requirements in your specific State or Territory, click here.
Italian Notarial documents
Australia has a significant connection with Italy. Many Australians have family connections with Italy either by birth, marriage, or descent. There are also significant business connections such as through the import and export of goods and through tourism.
There are a number of differences between the Australian and Italian legal systems which can be confusing for some, and in particular, the legal requirements for transactions in Italy can be stricter and more formal than those to which Australians may be accustomed.
In particular, many transactions carry a legal requirement that the individual personally attend the relevant government or lawyer's office to complete the transaction and sign documentation. It is not always possible to simply sign a document personally and send it in the post.
What this means is that to complete certain transactions, other than booking a trip to Italy, an individual will need to appoint a legal representative (in English "Attorney" or in Italian "Procuratore") with written authority to act on their behalf and sign documents. Typical examples of such transactions may include inheritance claims, sale of property, cashing in bank accounts or savings bonds, and the like.
Michael Piu is an Italian speaking Public Notary who is familiar with the requirements for Italian Powers of Attorney and can guide you through your options for your particular transaction. The process is designed to be as smooth and trouble-free as possible.
For clients who are Italian speaking, Michael is able to prepare the document for you directly in Italian, saving time and costs. Assistance is also available for those requiring the document to be prepared in English, with guidance through the process.
Once the document is complete, you will need to obtain an Apostille (see above) and then the original document must be forwarded to the legal representative in Italy. Copies are not legally valid. It is recommended to use registered postal services to best ensure the safe arrival of this valuable legal document.
Please contact Michael to discuss your particular needs.
There are a number of differences between the Australian and Italian legal systems which can be confusing for some, and in particular, the legal requirements for transactions in Italy can be stricter and more formal than those to which Australians may be accustomed.
In particular, many transactions carry a legal requirement that the individual personally attend the relevant government or lawyer's office to complete the transaction and sign documentation. It is not always possible to simply sign a document personally and send it in the post.
What this means is that to complete certain transactions, other than booking a trip to Italy, an individual will need to appoint a legal representative (in English "Attorney" or in Italian "Procuratore") with written authority to act on their behalf and sign documents. Typical examples of such transactions may include inheritance claims, sale of property, cashing in bank accounts or savings bonds, and the like.
Michael Piu is an Italian speaking Public Notary who is familiar with the requirements for Italian Powers of Attorney and can guide you through your options for your particular transaction. The process is designed to be as smooth and trouble-free as possible.
For clients who are Italian speaking, Michael is able to prepare the document for you directly in Italian, saving time and costs. Assistance is also available for those requiring the document to be prepared in English, with guidance through the process.
Once the document is complete, you will need to obtain an Apostille (see above) and then the original document must be forwarded to the legal representative in Italy. Copies are not legally valid. It is recommended to use registered postal services to best ensure the safe arrival of this valuable legal document.
Please contact Michael to discuss your particular needs.
General Notarial Services
Michael is experienced in assisting with documentation required by a wide range of countries and for both business and personal transactions, and over the years has assisted a range of clients from major international corporations based in Australia to individual clients.
Michael has assisted clients with transactions in New Zealand, Singapore, Malaysia, India, South American Countries, South Africa, Canada, the United States, the United Kingdom, and many other parts of the world.
Please contact Michael to discuss your particular needs.
Michael has assisted clients with transactions in New Zealand, Singapore, Malaysia, India, South American Countries, South Africa, Canada, the United States, the United Kingdom, and many other parts of the world.
Please contact Michael to discuss your particular needs.