on 19-12-2018 02:12 PM
on 19-12-2018 02:12 PM
Are the client authorisation forms required for a caveat? if we have already ID them?
Solved! Go to Solution.
on 20-12-2018 09:46 AM
on 20-12-2018 09:46 AM
SolutionHi Jodie,
No, it is not required in Victoria. Whilst it is a good practice, the Registrar's Requirements for paper conveyancing transactions exclude the necessity to have a client authorisation for lodgement of a caveat and priority notice:
8.3 A Representative must:
(a) use the Client Authorisation Form for any Client Authorisation it enters into; and
(b) except for Caveats and Priority Notices and Withdrawals of Priority Notices, for which a Client Authorisation is optional, enter into a Client Authorisation with its Client before the Representative signs any Instrument or other Document; and
(c) comply with the Client Authorisation and act in accordance with its terms; and
(d) take reasonable steps to verify the authority of each Person entering into a Client Authorisation on behalf of a Client to both bind the Client to the Client Authorisation and to the Conveyancing Transaction(s) the subject of the Client Authorisation; and
(e) take reasonable steps to ensure that the Client Authorisation is signed by the Representative’s Client or their Client Agent.
The link for the Registrar's Requirement is https://www.propertyandlandtitles.vic.gov.au/publications.
I hope this is of assistance.
Graziela Eidelson
on 19-12-2018 10:11 PM
on 19-12-2018 10:11 PM
Not sure Re the technically correct answer however if not legally required it is good practice to ensure an appropriate paper trail and authorisation to conduct the matter is in place.
on 20-12-2018 09:46 AM
on 20-12-2018 09:46 AM
SolutionHi Jodie,
No, it is not required in Victoria. Whilst it is a good practice, the Registrar's Requirements for paper conveyancing transactions exclude the necessity to have a client authorisation for lodgement of a caveat and priority notice:
8.3 A Representative must:
(a) use the Client Authorisation Form for any Client Authorisation it enters into; and
(b) except for Caveats and Priority Notices and Withdrawals of Priority Notices, for which a Client Authorisation is optional, enter into a Client Authorisation with its Client before the Representative signs any Instrument or other Document; and
(c) comply with the Client Authorisation and act in accordance with its terms; and
(d) take reasonable steps to verify the authority of each Person entering into a Client Authorisation on behalf of a Client to both bind the Client to the Client Authorisation and to the Conveyancing Transaction(s) the subject of the Client Authorisation; and
(e) take reasonable steps to ensure that the Client Authorisation is signed by the Representative’s Client or their Client Agent.
The link for the Registrar's Requirement is https://www.propertyandlandtitles.vic.gov.au/publications.
I hope this is of assistance.
Graziela Eidelson