Authority Updates - Victoria - May 2016

Victoria (VIC) Landata Updates

Updates from Victoria (VIC) Landata

Revised VOI guides 

Victorian Register has made updates to the following guides for verification of identity;

  • Guide to conveyancers and lawyers when dealing with people who are not represente
  • Guide to verification of identity for people not using a conveyancer or lawyer Forms, Guides and fees can be found here.

Execution by markspersons

The Registrar has  reviewed and simplified its requirements for transacting parties, who are unable to execute or read an instrument in the ordinary way because of illiteracy, illness or physical impairment. Land Victoria no longer requires statutory declarations by persons witnessing the execution of the instrument.

The following execution or witness attestation clauses should be used, as appropriate:

  1. If a party to an instrument is able to read but is unable to sign:

    Signed, in my presence, by [full name of party] by making [his/her] mark, as [he/she] is unable to sign this document.
     Signature of witness:
     Full name of witness:


    The party to the instrument may be represented by an Australian Legal Practitioner, Law Practice or Licensed Conveyancer or be non-represented.

  2. If a party to an instrument is unable to read but is able to make a mark or sign:

    Signed, in my presence, by [full name of party]. [He/She] is unable to read [and sign] this document. I therefore read the full text of it to [him/her] before [he/she] [signed it/made [his/her] mark].
    Signature of witness:
    Full name of witness:


    The witness to such an execution must be an Australian Legal Practitioner, Law Practice or Licensed Conveyancer.

    3. If a party to an instrument is unable to sign or make a mark, the person signing on their behalf must do so under a power of attorney or other authority. The attorney or authorised representative must be represented by an Australian Legal Practitioner, Law Practice or Licensed Conveyancer.

The execution clause must refer to the authority under which the instrument is being signed. For details refer to Customer Information Bulletin: No. 134 December 2011 and No. 150 September 2015 at www.delwp.vic.gov.au/property>Land titles>Customer information bulletins.

NB: Changes to this process will be made from April 2017, following the introduction of Client Authorisations and Certifications.

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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.