Changes to permit electronic signing and relaxed witnessing requirements for documents during the height of the pandemic are now a permanent feature of transactional life.
The common law has never required contracts to be witnessed although witnessing reduces potential claims of fraudulent signing. Further, the Electronic Transactions (Queensland) Act 2001 has long confirmed the effectiveness of electronic signatures on contracts.
The Corporations Act 2001 (Cth) now clarifies that a person may sign a document electronically. Directors do not have to sign in the same way. One director of a company may sign a paper copy while another director of the company may sign a copy electronically.
With effect from 30 April 2022, in Queensland:
• deeds may be signed electronically in counterpart. No witness is required for an individual’s signature;
• statutory declarations, affidavits and some oaths can signed electronically and witnessed by a special witness or prescribed person via audio visual link.
Some things have not changed. Titles Office documents (except a mortgage lodged through e-conveyancing), wills, enduring powers of attorney and non-commercial/personal general powers of attorney still require ‘wet ink’ signatures and witnessing.
Please contact our office to discuss any concerns that you might have about the requirements for signing and witnessing documents.