Verification of Identity

The recent ruling of Re Curtis [2022] VSC 621 provides important guidance for estate planning practitioners on the requirements for electronic signing and remote witnessing of wills by audio-visual link under the new section 8A of the Wills Act 1997 (Vic).

From midnight Wednesday 5 August 2020, most law firms in the Melbourne metropolitan area will be required to close their office and work remotely in accordance with Stage 4 COVID-19 restrictions. This article outlines the key actions you should take now to ensure commitments are met and any employees effectively supervised during this period.

In the current financial environment requests for practitioners to advise on loans and guarantees, particularly from second and third tier lenders, appear to be increasing. Providing solicitors’ certificates in these matters is risky at the best of times, but where there is uncertainty about future financial and property market stability and clients under severe financial stress, extreme care needs to be taken.

The following article discusses security concerns in relation to receiving payment instructions via email.

Practitioners need to take reasonable steps to verify the identity of clients in order to avoid claims, as well as comply with common law obligations and Victoria’s electronic conveyancing Participation Rules.

Did you know that LPLC has published a checklist of policies for law firms? Policy number 20 is about providing client documents to the client or another firm.