New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 108

108 Reliance on, and repudiation of, signatures

(1) This section has effect subject to such modifications (if any) as may be prescribed by the regulations.

(2) Subject to subsection (3), if a relevant person signs a paper document giving effect to a conveyancing transaction--

(a) the signature is binding, in relation to that document, on--

(i) the relevant person, and

(ii) any person for whom the relevant person acts under a client authorisation with respect to that document, and

(b) the signature is binding, in relation to that document, for the benefit of--

(i) each of the parties to that document, and

(ii) each authorised representative who acts under a client authorisation with respect to that document, and

(iii) any person claiming through or under any person to whom subparagraph (i) applies, and

(iv) the Registrar-General, once the document is lodged.

(3) A relevant person may repudiate the signature with respect to a paper document giving effect to a conveyancing transaction if the relevant person establishes--

(a) that the signature was not the relevant person's signature, and

(b) that the signature was not the signature of a person who, at the time of signing the paper document--

(i) was an employee, agent, contractor or officer of the relevant person, and

(ii) had the relevant person's express or implied authority to sign any document, and

(c) that neither of the following enabled the signing of the paper document--

(i) a failure of the relevant person, or any of the relevant person's employees, agents, contractors or officers, to fully comply with the requirements of the conveyancing rules,

(ii) a failure by the relevant person, or any of the relevant person's employees, agents, contractors or officers, to take reasonable care.

(4) For the purposes of subsection (3) (b) (ii), it does not matter whether the authority was--

(a) general, or

(b) limited or restricted to documents of a particular class or to a particular document or in any other way.

(5) In this section--

"modification" includes addition, exception, omission or substitution.

"relevant person" means an Australian legal practitioner or licensed conveyancer who signs a paper document giving effect to a conveyancing transaction under the authority (or purportedly under the authority) of a client authorisation.