Question
of the week
Question of the week

Curious. Interesting. Informative.

25 March 2022

Sign of the times

Sale, Purchase, Mortgage, Lease
Federal

Asked

Conveyancing - Electronic signature

What are the current laws in relation to signing contracts electronically?

Answered

Thank you for the question.

The following is an extract from the By Lawyers Purchase of Real Property (NSW) commentary:

The common law recognises electronic signatures, but the Electronic Transactions Act 1999 (Cth) as enacted throughout Australia puts it beyond doubt that electronic signatures are equivalent to traditional hardcopy signatures. More specifically, the Act provides that a legal requirement for a manual signature can be satisfied with an electronic signature if a reliable method is in place to identify the person and to indicate that the person has approved the information that has been communicated.

A reliable method for evidencing the identity of the signatory and their intention to sign electronically is provided by their practitioner’s confirmation that the party has signed electronically and intends to be bound by the contract.

Regards

Mentor