Header widget area left
Header widget area right
Viewing posts categorised under: Uncategorized

Electronic Signatures

Posted by webmaster in Uncategorized | 0 comments

Electronic and digital signatures must identify the signatory and show that the person consciously intended to sign.

An e-signature is applied by electronic or mechanical means such as an automated email signature or inserting an image of someone's signature ("cut and paste").

Digital signatures provide more security in the form of "digital fingerprint" through platforms like DocuSign or AdobeSign.

Seek legal advice as recent legislative measures regarding electronic signing under the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 are a temporary measure.


Posted by webmaster in Uncategorized | 0 comments

Discretionary trusts are established for the benefit of the "family" so that you may distribute income and capital to a wide class of beneficiaries referred to in the trust deed.  Quite often "beneficiaries" include "brother, sister, spouse...and remoter issues".  What is the risk, for example, if a "brother" who is unaware that he is a beneficiary and received no benefit from the trust, becoming liable?  Could he become liable merely because he happens to be the "brother" of the person who established the trust and otherwise had nothing more to do with the trust?

In the recent decision of Smeaton Trust the NSW government sought payment from one such "brother".  The brother was first informed that he was included in the class of beneficiaries by letter from the Chief Commissioner.  White J had to determine whether the brother was liable when he was merely mentioned in the trust deed as the beneficiary.

It is important that you check:

  • Who are the beneficiaries mentioned in your trust;
  • Whether you have been included in a trust established by your relative without your knowledge;
  • What are the risks given that you may be unaware that you were included in a "class of beneficiaries";
  • What can be done if you were included but do not wish to become liable.
White J deals with a number of issues relating to such a beneficiary.  


Posted by webmaster in Uncategorized | 0 comments

From 1 September 2015 new law applies to Financial and Personal Powers of Attorneys.  There is no longer the need for a separate Power of Attorney Guardianship.  You can now appoint an attorney to make financial and lifestyle choices on your behalf in one document.  There are a number of new requirements such as:

  • Restrictions regarding carers;
  • Disclosure regarding convictions for acts of dishonesty;
  • New Acceptance Statements;
  • Witnessing of Acceptance Statements.
The Medical Treatment, Planning and Decisions Act 2016 came into effect on 12 March 2018 providing for the appointment of decision makers and the choice of medical treatment including a number of other matters in advance care directives.