Home – New Forums Tech talk Electronic Signatures

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  • #964907
    vSuite
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    Does anyone know if e-signatures are legally binding in Australia?

    #1009036
    Paul Murphy
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    “Binding” suggests that both parties have agreed to a set of terms and have entered into a contract.

    An email is a message. Sent by one party to another, so I can’t think of any way that it could be considered a legal instruction of any kind.

    IANAL.

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    #1009037
    vSuite
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    Sorry, I probably didn’t explain myself too clearly.

    If you are entering into a contract and either/or both parties sign with a scanned or e-signature is the contract considered legally binding as it would be with a written signature?

    #1009038
    gregpritchard.virtualcio
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    vSuite,

    My understanding is that the legal framework surrounding online signatures has never been formally tested in the courts here. The implication I believe is that its considered generally accepted practice, but no specific court decision has ratified it one way or the other. This is not legal advice.

    In saying that, speak with a solicitor who specialises in this space. If you’re talking about entering into commercial contracts on the back of an electronic signature (or equivalent), then the investment in the legal advice will be well worth it if things ever get disputed.

    #1009039
    vSuite
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    Thanks Greg.

    I have a meeting with a solicitor next week so I will add this to my list of questions.

    Cheers

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