With the NSW government recently voting to allow residential leases to be signed and witnessed electronically, it is important to highlight the situations in which an electronic signature may not be valid. This was recently discussed in the case of Williams Group Australia v Crocker [2016] NSWCA 265, where a Director of a building Company used the electronic signature of his partners to secure credit in their names. When a debt of nearly $890,000 was not paid back, the lending company claimed the debt from each of the directors personally. Ultimately this case turned on whether the partners had given any representation that authorised the use of their signature. Crocker, one of the partners, had made no such representation and so ultimately was not held to be liable for the debt.

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