In March 2022, we published an article (Execution of documents – where do things stand?) addressing the law regarding the execution of documents in Australia following various changes implemented as a result of the COVID-19 pandemic.
Thankfully, the anticipated reforms mentioned in that article are now permanent, and the market is moving towards greater acceptance of electronic execution of documents to facilitate speed and ease of dealing for transactions. However, despite the permanent changes, there remain inconsistent requirements for electronic execution of deeds by individuals across each Australian jurisdiction.
The key takeaways for electronic execution remain as follows:
| Document type | ||
| Party type | Agreement | Deed |
| Company | Yes – all jurisdictions | Yes – all jurisdictions |
| Individual | Yes – all jurisdictions | Queensland & Victoria – Yes (no witness required) New South Wales – Yes (but AV witness required) South Australia, Western Australia, Tasmania, Northern Territory and Australian Capital Territory – No |
There also remain some particular circumstances where additional caution should be used:
- Registries (including land registries and ASIC) may have specific requirements for wet ink (or additional requirements in order to accept electronic execution) and these should be considered on a case by case basis at the time, or wet ink execution insisted upon.
- Statutory declarations, powers of attorney and affidavits may have separate requirements, and should be considered based on the relevant jurisdiction (and whether the document will need to be deposited with a registry).
If you have any questions in relation to execution of documents, please reach out to one of the team.