Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), if a relevant person signs an instrument or other document in connection with a conveyancing transaction—
(a) the signature is binding, in relation to that instrument or other document, on—
(i) the relevant person; and
(ii) any other person for whom the relevant person acts under a client authorisation with respect to that conveyancing transaction; and
(b) the signature is binding, in relation to that instrument or other document, for the benefit of—
(i) each of the parties to that conveyancing transaction; and
(ii) each authorised representative who acts under a client authorisation with respect to that conveyancing transaction; and
(iii) any person claiming through or under any person to whom subparagraph (i) applies; and
(iv) the Registrar, once the instrument or other document is lodged.
(2) A relevant person may repudiate the signature with respect to an instrument or other document 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 instrument or other 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 instrument or other 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 Registrar's requirements;
(ii) a failure by the relevant person, or any of the relevant person's employees, agents, contractors or officers, to take reasonable care.
(3) For the purposes of subsection (2)(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.
Division 3—Powers of attorney
No. 5842 s. 94.