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Covid-19: Electronic execution of legal documents

The Electronic Transactions Amendment [Covid 19 Witnessing of Documents] Regulation 2020 commenced on 22 April 2020. The Regulation is designed to reduce face to face contact during the COVID-19 pandemic and allows for witnessing of legal documents through video conferencing technology such as Skype, WhatsApp, FaceTime and Zoom.    

The Regulation allows for legal documents including Wills, Powers of Attorney, Appointments of Enduring Guardian, Deeds or Agreements, Affidavits and Statutory Declarations to be witnessed by audio visual link. 

Audio visual link is defined as any technology which that enables continuous and contemporaneous audio and visual communication between persons at different places.

A person witnessing by audio visual link must observe the person signing the document in real time, attest or confirm the signature was witnessed by signing the document or a copy of the document signed by the signatory and endorse the document or a copy of the document with a statement specifying the method used to witness the signature and that the document was witnessed in accordance with the Regulation.  

These changes make it easier for people to still complete important legal transactions notwithstanding the COVID-19 pandemic. 

Mullane & Lindsay is able to assist with progressing your legal matter through electronic means.  

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