We can help you buy or sell a residential or commercial property anywhere in Australia. Leasing contract services included.
ForumLaw provides legal services and contract work for any type of business transaction from business registration to succession matters.
We'll help make your project a success, from setting up & revising contracts and agreements to tracking sales & leases in multiple-strata unit projects online!
Choose a package that suits your needs. We then maintain constant legal watch of your business.
Take control of your assets today. Contact ForumLaw to arrange a new Will or review any existing arragements in place.
Stay in touch with how the law affects you! Subscribe to our
It is becoming increasingly common in this fast-paced world for business transactions to take place without the parties ever having seen each other face-to-face. Millions of dollars' worth of goods can be transferred by simply making your mark on the screen of a digital device without ever having received a traditional “paper” contract. What does this mean for your business? What issues should you be aware of if you choose to run your business by means of electronic communication?
There is no fundamental principle of contract law which prevents the formation and use of electronic contracts and digital signatures PROVIDED THAT the process being used complies with the relevant requirements for the use of such processes as prescribed by the Electronic Transactions Act 2000 (NSW). There are similar pieces of legislation in all Australian jurisdictions including at a Federal (Commonwealth) level. The Federal Act applies only to transactions to which a Federal law applies.
Section 10 of the NSW Act provides that if a person is required to produce a document (i.e. contract) in paper form then the requirement is met if the document is produced electronically in such a way as to assure the maintenance and integrity of the information contained in the document, the information contained in the document is readily accessible for the useable reference of the recipient and the method is consented to by the recipient.
Section 9 of the NSW Act specifically allows a “digital signature” to be used where the method used to identify the sender (e.g. the purchaser or recipient of the contract/goods) and indicate their approval of the information accompanying the signature is appropriate for its designated purpose and is consented to by the receiver (e.g. the vendor or seller of goods) of the information.
Increasing use and reliability of digital technology has created a marketplace that is substantially different to what it was … just yesterday! Smartphones and apps now provide a multitude of methods for the transfer of information between individuals. Millions of dollars of materials and goods can now be transferred from one party to another with a simple push of a button on a mobile device such as an iPad or smartphone.
Of course, if you still prefer to operate “old-school” and deal in paper contracts you could always consider exchange or acceptance of scanned versions of the documents by email accompanied by a certified copy of the photo ID of the “purchaser” which could cut down the traditional wait times for original contracts to arrive in the mail.