Going completely paperless means we must now consider the
execution of documents by way of an electronic process. Signing
documents electronically raises questions about whether the
electronically executed document is legally binding and the
authenticity of the signature. This article intends to cover the
concept of electronic signing of leases in Victoria – a
practise that we at Carroll & O'Dea have recently
adopted.
Is it legally binding?
Electronic signing has been recognised by Australian law since
1999 with the introduction of the Electronic Transactions Act 1999
(Cth) (ETA Cth) and its Victorian and New South Wales counterparts
which set out the requirements of an electronic document in order
to be held as valid. The ETA Cth provides regulatory framework
that, amongst other things, facilitates the use of electronic
transactions and promotes business and community confidence in the
use of electronic transactions.
