In the December 2019 issue of The Local Law we outlined the
position in regards to reliance upon electronic execution of
documents. Since that time, the COVID-19 pandemic has introduced
novel challenges in this area and the pre-COVID-19 legislation
simply did not envisage the issues that parties may have in
receiving, signing and exchanging hardcopy documents during times
of self-isolation and social distancing restrictions. Recently,
various legislative changes have temporarily altered this position
and local governments have been asking us for advice on what these
changes mean.
Queensland legislation
In May 2020, Queensland passed new temporary regulations, the
Justice Legislation (COVID-19 Emergency Response – Wills
and Enduring Documents) Regulation 2020 (Qld) and the
Justice Legislation (COVID-19 Emergency Response – Wills
and Enduring Documents) Amendment Regulation 2020 (Qld)
(collectively, the Regulations), which changed the
witnessing and signing