Litigation and Alternative Dispute Resolution

On 22 May 2020, Queensland amended certain emergency regulations to permit amongst other things:

1. electronic signing of affidavits and statutory declarations; and
2. witnessing of such documents and the taking of oaths via audio visual link.

These welcome reforms were introduced in recognition of the fact that 'the making, signing and witnessing of these important documents and the taking of oaths has been impeded by the COVID-19 emergency, including the requirements for social distancing and in some cases the requirement for individuals to be in self-isolation'.

Summary of reforms

In summary, for affidavits and declarations:

1. if made, signed or witnessed in the traditional manner, then nothing has changed;
2. they may instead be made in electronic form and be signed electronically if you comply with part 4 of the amended regulations;
3. physical presence is no longer required for the purposes of making, signing or witnessing if:the relevant people are present by audio visual link;
   1. the oath or affirmation is administered by a special witness (relevantly this continues to include an Australian legal practitioner); and
   2. the making, signing or witnessing is in accordance with part 4; and
4. the requirement to hold a bible and for the person administering the oath to say certain words is not applicable for affidavits or regulations made, signed or witnessed in accordance with this regulation.

There is scope to use a substitute signatory for the signing of a document in the physical presence of a witness, however it is anticipated this would be rare and a last resort. There is also provision for affidavits by counterpart.

Read the entire article.