Queensland Law Society

Titles registry—Witnessing requirements

Practitioners are advised that a new draft Part 61 of the Land Title Practice Manual has been released outlining revised practice requirements for witnessing titles registry instruments. The revised requirements implement amendments to the Land Title Act 1994 and the Land Act 1994 which are expected to commence in the coming months.

The new Part 61 includes detailed guidance for witnesses about steps for verifying the identity of an individual and their entitlement to sign a titles registry instrument in accordance with legislative obligations. Practitioners are requested to review the guidance and ensure that their clients present sufficient identity documents and evidence of entitlement to sign to justices of the peace, commissioners for declarations or other qualified witnesses when asking them to witness their signature. This will help to avoid possible conflict and the inconvenience and expense of re-witnessing where a witness is not satisfied from the documents presented.

The draft of the new part 61 is available here.