Electronic versus Wet Ink Signatures in Australia

In today’s digital world, clients commonly ask: “Can we just sign this document electronically, or do we need a ‘wet ink’ signature?”

The answer depends on:

• The type of document
• Who is signing, and
• In which state or territory the signing happens.

Here’s a summary of the rules around signatures in Australia: 

Wills & Enduring Powers of Attorney

There are stricter electronic signing rules for Wills and enduring powers of attorney. Here’s what you need to know:

Victoria and New South Wales

Electronic signing for Wills and powers of attorney is technically allowed, but the requirements are extremely strict. 

The signing process must be audio-visually recorded (e.g. via Zoom), so all parties and witnesses can later prove how and when the document was signed. 

In Victoria, everyone involved must be physically present within the state during the electronic signing. This is arule that often makes in-person signing more practical. 

Many electronically signed Wills from the pandemic period have been questioned in court. Our recommended best practice is if electronic signing was used during Covid, consider re-executing the document with a wet ink signature to avoid legal complications. 

Note: All other Australian states and territories do not permit electronic signing of Wills and powers of attorney. 

Deeds

There are different state requirements for deed signatures.

Victoria & Queensland

Individuals can now sign deeds without a witness unless the document specifically requires one. 

If a witness is required, the witnessing must also be done by audio-visual means and be properly recorded. 

All signatures/witnessing must occur on the same day, with full records kept to prove validity. 

Other states & territories (WA, SA, Tasmania, NT, ACT)

Wet ink signatures are still mandatory for individuals signing deeds (there is no electronic option). 

If a deed (e.g. a superannuation deed or loan agreement) signed electronically in Victoria needs to be used in another state (such as Queensland), local requirements could cause headaches or render the document invalid. 

Agreements

Agreements can generally be executed electronically in all Australian jurisdictions. 

But, if your agreement requires a witness, that witnessing must be conducted audio-visually (not just a digital sign-off), with a clear statement that Electronic Transactions Acts have been complied with. 

Simply circulating a DocuSign isn’t always enough, so always check that you’re meeting the technical witness requirements. 

Companies

Companies registered under the Corporations Act (Cth) have greater flexibility:

• Directors can sign documents electronically (including deeds) under Section 127, even on different days and in different places. 
• “Split execution” (directors signing separately) is expressly allowed. 

Cross-border pitfalls 

If a document signed under Victorian law (electronically) is later used in a state that does not recognise electronic signatures, you may face practical and legal barriers, especially with documents like SMSF deeds or loan agreements. 

We recommend you always check the requirements of each state or territory where your document must be effective, not just where it is signed. 

Electronic signing can save time, but only if you comply with all legal and practical requirements. Consider: 

• The type of document 
• Who is signing it (individual, company) 
• The location & requirements for each party 
• Any witnessing requirements 
• Where the document needs to be used 

If in doubt, seek legal advice before signing.

Our Aintree Group Legal team is here to help you navigate digital and in-person signing requirements across Australia. Please get in touch for further advice. 

This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.