108Reliance on, and repudiation of, signatures

#### 108 Reliance on, and repudiation of, signatures 108 Reliance on, and repudiation of, signatures > > (1) This section has effect subject to such modifications (if any) as may be prescribed by the regulations. > > > (2) Subject to subsection (3), if a relevant person signs a paper document giving effect to a conveyancing transaction— > > > > > (a) the signature is binding, in relation to that document, on— > > > > > > > (i) the relevant person, and > > > > > > > (ii) any person for whom the relevant person acts under a client authorisation with respect to that document, and > > > > > (b) the signature is binding, in relation to that document, for the benefit of— > > > > > > > (i) each of the parties to that document, and > > > > > > > (ii) each authorised representative who acts under a client authorisation with respect to that document, and > > > > > > > (iii) any person claiming through or under any person to whom subparagraph (i) applies, and > > > > > > > (iv) the Registrar-General, once the document is lodged. > > > (3) A relevant person may repudiate the signature with respect to a paper document giving effect to a conveyancing transaction if the relevant person establishes— > > > > > (a) that the signature was not the relevant person’s signature, and > > > > > (b) that the signature was not the signature of a person who, at the time of signing the paper document— > > > > > > > (i) was an employee, agent, contractor or officer of the relevant person, and > > > > > > > (ii) had the relevant person’s express or implied authority to sign any document, and > > > > > (c) that neither of the following enabled the signing of the paper document— > > > > > > > (i) a failure of the relevant person, or any of the relevant person’s employees, agents, contractors or officers, to fully comply with the requirements of the conveyancing rules, > > > > > > > (ii) a failure by the relevant person, or any of the relevant person’s employees, agents, contractors or officers, to take reasonable care. > > > (4) For the purposes of subsection (3) (b) (ii), it does not matter whether the authority was— > > > > > (a) general, or > > > > > (b) limited or restricted to documents of a particular class or to a particular document or in any other way. > > > (5) In this section— > > > > modification includes addition, exception, omission or substitution. > > > > relevant person means an Australian legal practitioner or licensed conveyancer who signs a paper document giving effect to a conveyancing transaction under the authority (or purportedly under the authority) of a client authorisation. > > **s 108:** Am 1970 No 23, sec 15 (i). Rep 1991 No 27, Sch 1 (4). Ins 2015 No 23, Sch 1.2 \[2\].