Notaries are often asked to intervene in relation to documents from a foreign jurisdiction which are written in a foreign language. Such documents present particular challenges unless the notary is conversant with the relevant foreign law and able to read and understand the relevant foreign language. Further challenges arise if the appearer is fluent in the relevant foreign language, but not in English.

The notary must carefully observe the following principles:

• The notary's paramount duty is to the transaction itself, rather than to any individual or entity.

• The notary must be able to verify that the appearer (the person who is to sign the document) knows and understands the meaning and effect of the document. The notary can only do this if he/she also understands the meaning and effect of the document.

• If part of the notary's function is to verify the content of the document or to verify that the form or content of the document complies with Australian law or the relevant foreign law, or both, the notary must be able to do so of his/her certain knowledge and not merely from information supplied by someone else.

• If part of the notary's function is to verify a translation of the document, this will only be possible if the notary knows of his/her certain knowledge (so far as it is possible) that the translation is a true and accurate translation of the meaning and effect of the document.

Therefore, it will be important for the appearer to produce to the notary detailed written instructions from the foreign jurisdiction, so the notary may know precisely what is required.

I am neither fluent nor literate in any language other than English. I am not conversant with the law of any foreign country. I must, therefore, approach all foreign language documents with caution. I may ask for a translation by a NAATI-certified translator who is competent to translate a document of the type concerned. This means competent, not only to translate the language, but also to translate the legal or other technical terminology so that the legal effect of the language is made clear. If the translation discloses that I, as the certifying notary, am required to perform a function that I am not capable of performing, such as explaining the legal effect of the document under the law of the foreign country, I must decline to intervene.

Where the appearer knows, or claims to know, the foreign language, I must test that claim and satisfy myself that the appearer has read and understood the document. If I cannot be satisfied, I must ask for a translation or decline to intervene. If I am reasonably satisfied, I will ask the appearer to declare to me that he/she is fluent and literate in the foreign language and that the document has been fully understood. My notarial certificate will recite all these steps and will be qualified by certifying only the identity and the signature of the appearer.

Where the appearer does not know the foreign language sufficiently or at all, a sworn translation must be provided.

Dual-language documents (foreign language and English, usually in columns side by side) are sometimes presented for notarial intervention. In such documents, the foreign language version is considered the definitive version and the appearer will ordinarily be taken to have signed the foreign language version and not the English version. Therefore, if the English version is later found to be an inaccurate translation, the appearer and the notary may have no recourse. The appearer's foreign language competency and the accuracy of the English version must be tested. An appearer with a dual-language document should therefore consider seriously whether the document should be checked by a competent professional translator before it is presented to me.

When a dual-language document is presented to me, it is likely that, if I can intervene at all, I will qualify my notarial certificate by clearly stating the language competencies of the appearer and me, and making clear which language version of the document has been read, understood and signed by the appearer.

The safest course, for any appearer who seeks notarial intervention in respect of a foreign language document, is to approach a notary who is fluent and literate in the language concerned and, desirably, is acquainted with the legal system of the country concerned. This will not always be possible in Adelaide, so the last resort may be the country's embassy or nearest consulate.