Embracing Modernity: Aylward Game Solicitors Explores Permanent Changes in Electronic Signing Laws

In response to the rapidly evolving landscape brought on by the Covid-19 pandemic, the Queensland Government introduced a series of temporary allowances for electronic document signing and witnessing. While these provisions were initially slated to expire by April 2022, a pivotal shift occurred on 18th November 2021 when the Queensland Parliament enacted the Justice and Other Legislation Amendment Act 2021 (Qld) (“the Act”), solidifying these changes as a permanent fixture.

The Act brings about significant amendments to the Property Law Act 1974 (Qld), granting parties the authority to execute deeds electronically, effective from 30th April 2022. This groundbreaking alteration presents a long-term solution to the practical challenges that once accompanied the necessity of in-person execution. Additionally, this step aligns Queensland with the established electronic signing practices already implemented in Victorian and New South Wales law.

Delving into the prerequisites for electronic signing, a crucial aspect emerges. A deed can now be signed electronically through the utilisation of an ‘accepted method.’ In essence, this entails that:

1. The chosen method for signing must effectively identify the signatory and confirm their intent to be legally bound.
2. The selected signing method must demonstrate reliability suitable for the document’s intent, considering all pertinent factors, including relevant agreements.
3. The signing method must be proven, either on its own merit or in conjunction with supporting evidence, to have correctly identified the signatory and their intent to be bound.
4. Importantly, all signatories to the document must consent to the chosen signing method.

It’s important to emphasise that the amendments introduced do not supersede the conventional method of executing a deed in person. This means that individuals or corporations may still opt for wet-ink signatures for deed execution, alongside the electronic alternative. Parties involved can even employ different methods of signing, as long as the counterparts bear identical signatures.

A notable change has occurred in the realm of witness requirements. Deeds signed by individuals no longer necessitate the presence of a witness during the signing process.

However, corporations that engage in electronic deed execution are still bound by the standard protocols stipulated by the Corporations Act 2001 (Cth).

These advancements do come with some exclusions. The Act specifically excludes the following categories from electronic signing:

1. Powers of Attorney
2. Titles Documents are required to be lodged with the Titles Registry, excluding general or enduring powers of attorney. These must still adhere to the signing regulations outlined in the Land Title Act 1994 (Qld).

It’s essential to note that these amendments exclusively apply to deeds and powers of attorney created under Queensland Law on or after 30th April 2022. Different regulations may apply if the deed is executed in a jurisdiction outside of Queensland. For those seeking clarity on the validity of their chosen signing method under the relevant laws, it is highly recommended to seek professional legal counsel.

Should you require further information or seek advice on any of the aforementioned matters, the dedicated team at Aylward Game Solicitors is at your service. Reach out to us at (07) 3667 9697 to connect with a member of our accomplished team and gain valuable insights tailored to your unique situation.