Hi @Emilytrotman Sorry if it feels you've been sent around in circles on this one, but unfortunately there is no definition that describes exactly what reasonable steps are (or even example of what they may be). I don't believe there have been any cases to test legally what reasonable steps mean in this instance - so it's your decision based on what you're comfortable with, the client circumstances and your firm's risk policy. The only way I can see "safe harbour" here would be to repeat the VOI again with the CA in person or through an agent. Sorry I don't have a clear answer for you on this one. Thanks, Chris from ZipID
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Hi @Ames & @Naomi
The WA Joint Form of General Conditions (2011) remains to be updated to properly incorporate e-settlement.
Thankfully Australian Institute Conveyancers WA (AICWA) had the foresight to engage legal input to provide WA practitioners a thorough e-settlement variation. There is also an Annexure released via Real Estate Institute WA (REIWA) for their members on drawing up the contract, but since it is a separate form it is rarely used/remembered.
But while most AICWA members are aware of and understand the AICWA variation along with the REIWA annexure, There are some practitioners that DON'T seem to appreciate the contractual nuances of e-settlement vs manual/paper, nor some the OP mentioned implications of the change of settlement between the two.
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