Signing Queensland mortgage documents in New South Wales
If you live in New South Wales, but you’re signing Queensland mortgage documents, can you sign them in front of a pharmacist?
The short answer is ‘no’. A pharmacist is not listed as a ‘witness who can witness instruments or documents within Australia’ – [61-2110] of the Land Title Practice Manual (Queensland).
If the pharmacist is also a justice of the peace (or lawyer or has some other qualification that allows them to be a qualified witness), you can sign Queensland mortgage documents in front of them. They would witness you sign in their other capacity, just not as a pharmacist. The only question then is whether they’ll be able to satisfy the other requirements imposed on witnesses.
Why won’t they witness your Queensland mortgage documents?
Although a qualified witness like a justice of the peace can witness you sign Queensland mortgage documents, the chances are that they won’t. This is because of their additional requirements and their additional obligations under Section 162 of the Land Title Act 1994 (Queensland).
Section 162 provides that:
Not only does a qualified witness need to be aware of their obligations under this section (and the requirements of the land title practice manual), but they must also be able to fulfil them too.
While a qualified witness may be familiar with verifying a person’s identity and witnessing their signature in general (ie, on a standard statutory declaration). But are they familiar with their obligations under the legislation, or the land title practice manual, and are they able to retain the records and the associated evidence for 7 years? That’s a big responsibility for many witnesses, even if they’re experienced or qualified witnesses.
For those witnesses who are justices of the peace and who usually undertake the role as a voluntary community service, this is an unusual requirement that comes with added obligations and responsibilities. If they don’t satisfy this obligation, they could be subject to a substantial fine!
If a witness is unable or unwilling to satisfy the additional requirements imposed by s162 of the Land Titles Act 1994, then they shouldn’t witness Queensland mortgage documents.
Why will a pharmacist refer you to us to witness your Queensland mortgage documents?
Lawyers and notary publics are accustomed to legal obligations arising from legislation, witnessing documents and retaining the necessary records. In fact, as a leading provider of notary public services in Sydney, witnessing documents like this is one of our primary functions. Our lawyers and notary public are familiar with the additional requirements and obligations imposed on witnesses to Queensland mortgage documents and frequently provide this service to NSW residents.
Signing QLD documents in NSW
More FAQs regarding Queensland property and mortgage documents
- Signing Queensland Mortgage Documents in New South Wales
- Who can witness Queensland mortgage documents?
- Who can witness Queensland mortgage documents in New South Wales?
- Can a justice of the peace witness Queensland mortgage documents?
- Can a pharmacist witness Queensland mortgage documents?
- Can a police officer witness Queensland mortgage documents?
Do you have any questions?
Sending documents from Australia to other countries can be complicated. We make it simple.
If your documents must be stamped with an apostille or authenticated and then legalised, we can help with that too. We’ve also created a flowchart to explain the process.
So, what’s next?
Why choose Phang Legal for your notary public services?
We’re a leading provider of notary public services in Sydney. We’re known for:
- Our experience and expertise in notarising documents for other countries;
- Our low-cost fixed fees and service offerings; and
- Our availability to help on short notice.
Our office is conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area. We help clients from across Sydney and beyond with personal, professional and timely notary public services.
This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney and beyond.
Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to countries all over the world.