Authority Updates - South Australia - June 2016

Client Authorisation

Once the Real Property (Electronic Conveyancing) Amendment Bill 2016 (the Bill) becomes law, parties will no longer sign their own Lands Titles Office (LTO) instruments.

Legal practitioners and registered conveyancers will execute instruments on behalf of their clients with exception set out below;

A Client Authorisation is not required for instruments relating to applications:

  • for title by possession to land
  • for land division and applications for amalgamation of titles
  • under the Community Titles Act 1996 and Strata Titles Act 1988.

The use of a Client Authorisation for Caveats and Priority Notices is optional

The buyer/seller needs to complete a Client Authorisation form which authorises the legal practitioner or registered conveyancer to execute and lodge instruments on that party's behalf. 

A Client Authorisation can provide authorisation for a practitioner to execute and lodge a specific instrument, a batch of instruments, or instruments for a specified period. 

It will be an offence under Part 20A of the Real Property Act 1886 for a legal practitioner or registered conveyancer to execute an instrument other than in accordance with a properly completed Client Authorisation. 

The Client Authorisation Form has now been published and must be in the prescribed form and signed by the client and the legal practitioner or registered conveyancer (or their agent).

This form is to be used for both paper and electronic transactions. Ideally, Verification of Identity and Verification of Authority occur at the same time the client signs the Client Authorisation.

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd  ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.