The Statute of Frauds in the Digital Age - Maintaining the Integrity of Signatures
AbstractThe article examines the development of the legal requirements for signature in paper based land contracts in Australia using the state of Queensland as an exemplar for other Australian jurisdictions. It discusses the conditions required by the Statute of Frauds for a valid signature in relation to electronic signatures, and also considers different frameworks developed for regulating electronic signatures. The article propounds the view that current Australian legislation purporting to validate electronic transactions provides inadequate protection to parties entering electronic land transactions, urging adoption of the two tiered approach in the Model Law on Electronic Signatures. |