05 April 2019
Family law - Verifying the identity of a client who is overseas
What are the requirements to identify a client in a family law matter if the client is overseas? Will I need to verify their identity the same as I would for a conveyancing matter?
Thank you for the question.
The following is an extract from the By Lawyers Verification of Identity commentary:
Outside real property transactions there is no requirement for formal identification, however prudent risk management should always require previously unknown or unidentified clients to be properly identified. Depending upon the circumstances, simply sighting photographic identification may be enough. The process of identification is a matter for the practitioner. In the event of fraudulent conduct the practitioner needs to be able to show they took reasonable steps to identify the client. Reliance on the Verification of Identity Standard set out in Schedule 8 of the ARNECC Model Participation Rules is recommended as best practice.
Australian citizens and residents who are overseas and require their identity verified in accordance with the Verification of Identity Standard can have their identity verified at an Australian Consular Office. See the Model Participation Rules and paragraph 5.2 of ARNECC’s MPR Guidance Note 2 for further guidance. Category 5 documents cannot be used for Verification of Identity in a foreign country.
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