New laws governing the witnessing of an individual's signature on a Titles Registry form are now in place.
You must know the witnessing requirements before seeking the services of a Justice of the Peace, Commissioner for Declarations or other approved witness.
An individual who fails to satisfy the requirements may be turned away by the witness.
Titles Registry Alert 156 provided information about the new witnessing requirements which commenced 30 September 2019 in relation to the legal obligations of persons who witness the signature of an individual on a Titles Registry form.
In line with these changes, the notice that attaches to the Form 1 - Transfer and the National Mortgage Form was updated.
It is particularly important that your clients are given this notice when providing them with Titles Registry transfer or mortgage forms to be signed before a witnessing officer such as a Justice of the Peace or Commissioner for Declarations.
Witnessing officers must be shown adequate documentation to verify the identity of each person signing and their entitlement to sign the form.
Feedback from the Department of Justice and Attorney-General's Justices of the Peace Branch indicates that unless adequate documentation is provided by the signatory, the witnessing officer is likely to decline to proceed with the process.
By giving the notice to your clients you will help ensure witnessing officers can comply with their statutory obligations and also help your clients have their transfer and mortgage forms witnessed correctly and in a timely manner.
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.