Digital Document Signing for Deeds: What You Need to Know

Permanent changes to how deeds can be executed and witnessed have been introduced by the Federal government and certain State governments. These changes make electronic signing more widely possible, but rules still vary depending on the jurisdiction. 

Currently, Queensland, New South Wales and Victoria have passed permanent changes allowing electronic execution in certain circumstances, while South Australia, Western Australia, Tasmania, the ACT and Northern Territory have not. 

What This Means 

While legislation in some states explicitly allows electronic execution of deeds, third parties such as banks or government offices may still hesitate to accept them. In particular, there’s caution around digitally signed deeds for individuals, due to inconsistent legislation across Australia. 

For this reason, Acis continues to recommend wet-ink signatures for deeds wherever possible. This helps avoid delays and ensures broad acceptance. Regardless of whether a deed is signed electronically or on paper, the correct legal process should always be followed in accordance with the relevant jurisdiction, and the signee must be properly identified. 

Current Position by Jurisdiction 

Permanent Changes: Commonwealth, Queensland, New South Wales & Victoria 

• Companies: Electronic execution is permitted, including split execution using multiple counterparts. Where applicable, witnessing can be done remotely via audio-visual link provided specified procedural requirements are followed. 
• Individuals: Electronic signing may be permitted in some states, with witnessing allowed remotely under specific rules. 
• Key legislation: Corporations Act 2001 (Cth), Property Law Act 2023 (QLD), Conveyancing Act 1919 (NSW), Property Law Act 1958 (VIC), plus relevant electronic transactions legislation. 

States Without Permanent Changes: ACT, TAS, SA, WA, NT 

• Companies: Electronic execution is permitted, including split execution using multiple counterparts. Where applicable, witnessing can be done remotely via audio-visual link provided specified procedural requirements are followed.
• Individuals: Electronic signing is generally not allowed. A witness must always be present. 
• Key legislation: Respective property law acts in each state/territory. 

Because rules differ across jurisdictions, it’s important to check local requirements before relying on electronic signatures.  

If you're still unsure, you can check with the expert team at Acis. 

Key Takeaways 

• Electronic signing of deeds by individuals is legal in some states but acceptance by third parties may vary. 
• Electronic signing of deeds by companies is governed by the Corporations Act and is permissble nationwide where procedural requirements are followed. 
• Wet-ink signatures are still recommended to ensure broad acceptance by third parties. 
• Proper identification of the signee is essential in all cases. 
• Check jurisdiction-specific legislation and procedures, especially if you operate across multiple states. 

If you have questions about electronic execution or witnessing requirements for deeds, it’s best to seek guidance from legal experts. 

A huge thanks to our friends at Acis for providing us with the basis of this article. Want to learn more? Don’t hesitate to reach out to us or directly to the team at Acis.