PROPERTY ALERT: Signing of documents if you are in a COVID-19 related quarantine or isolation
Our day to day practice is proving challenging due to the impact of COVID-19. Our office has adopted certain measures that have been developed by the Queensland Law Society that provide where our clients are experiencing symptoms associated with the virus or are otherwise feeling unwell they are not allowed to attend our office.
This is ok. We want you to stay at home. The convenience of technology has allowed us to stay connected with our clients and keep our doors open.
However, what does prove difficult is where an original document needs to be signed and witnessed.
Thankfully this morning the Queensland Titles Registry issued directions to address the challenges to the way in which real property instruments are executed.
We will explain these directions and ask that you consider how they may apply to you.
IF YOU ARE IN A COVID-19 RELATED QUARANTINE OR IN ISOLATION:
We can witnesses you signing the instrument or document live via some form of video link (for example, Zoom or Skype). The person signing the document should hold the instrument or document up to the video to enable us to confirm it is the relevant instrument or document and we will make a relevant note or take a screenshot of the terms of the instrument. The document then needs to be returned to us for witnessing by either delivery or post.
In circumstances where the witness is very ill or and cannot return the signed document a photograph of the signed instrument can only be used. In that instance the photograph can be printed, we will wet sign it and then lodged it as required.
WHERE THE INSTRUMENT OR DOCUMENT CANNOT BE SIGNED:
If the above methods are not possible then we can make submissions to the Registrar of Titles requesting that they exercise discretion under section 10A of the Land Title Act 1994 so that we can execute the instrument on behalf of the individual.
Please note that we are still required to take steps to verify your identity and we still need copies of all relevant documents to prove your identity. We can do this via video link also.
If you have any questions, please contact our Property Team.
Remember #stayhome #staysafe #stayconnected