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Australia Allows Electronic Witnessing... Temporarily

Updated: Aug 5, 2021

Following the need for isolation during the Covid-19 pandemic, Australia is allowing witnessing to be done through audio visual means. This might seem like nothing in today's world where it is becoming common to see school kids taking notes on their e-tablets, but in the legal industry where many procedures are still dependent on paper and pen, this is a BIG breakthrough.

Finally, welcome to 2020......!

Wills, Power of Attorney and other documents will be impacted. We've selected some reader-friendly and informative articles for those who are interested in the details.


Different states in Australia have different rules on electronic witnessing. For a great, concise summary on developments in each state, read:

by Donna Benge and Samuel Morphett, Piper Alderman

Other selected helpful reads:

by Lucy Hartland and Sylvie Tso, Spruson & Ferguson Lawyers

Key takeaway - "The Regulation does not create new provisions governing the way a document may be signed. Therefore, if, for example the document is a deed......, it will be necessary to have a wet signature rather than an electronic one."

by Felicity Saxon, Corrs Chambers Westgarth

Key takeaway - Summary of what documents can and cannot be electronically signed and impact of the new rule on these documents


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Disclaimer: Nothing in this article or site should be construed as providing legal advice or advice of any sort. The information provided are general in nature and may become inaccurate over time. Please consult a professional for advice.

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