This practice note originally examined issues in Australian law relating to electronic signature, and the justification for its use in various contexts, as the law applied before the COVID-19 pandemic. However, over the course of 2020-2022, significant legislative reforms in most Australian jurisdictions changed the law to expressly allow the use of electronic signatures for certain purposes. We have published a range of other resources covering these developments.

For a comprehensive and updated overview of the law relating to execution of documents by companies, including by electronic signature, see Practice note, Execution of deeds and documents by companies registered under the Corporations Act 2001 (Cth).

For a series of quick guides to the current law and regulations in each Australian State and Territory affecting the execution of various documents in that jurisdiction, including by electronic signature, see Toolkit, Execution of deeds, agreements and documents: Quick guides to execution and witnessing in Australian States and Territories.