Audio-visual witnessing of wills – Re Sheehan

Judgment was handed down this morning in what I think is the first case where the Queensland Courts have considered the COVID-19 Emergency Response Act 2020 (Qld) and the Justice Legislation (COVID-19 Emergency Response – Documents and Oaths) Regulation 2020 (Qld) for the execution of wills. Unfortunately, in the signing process, the testator missed signing … Continue reading Audio-visual witnessing of wills – Re Sheehan

Applications Protocol for Brisbane Lockdown

This Protocol applies from today (30 March 2021) until further notice, for all matters in the Applications List in Brisbane. See the full Protocol here. In summary: consent orders to be emailed by 9am on hearing day - will be made on paperswhere discretion required, submissions also required. Matter will remain on the List but … Continue reading Applications Protocol for Brisbane Lockdown

New Protocol for Applications List

The Supreme Court of Queensland has issued a new Protocol for the Applications List, effective Monday 10 August. It replaces the existing Protocol, which has been in effect since 25 May 2020 (the link on the website to this old Protocol no longer works). In essence, the new Protocol is consistent with the practice that … Continue reading New Protocol for Applications List

Qld passes legislation to allow for video witnessing of wills and EPAs

Last night the Qld Government passed legislation that is the first step to allowing wills and EPAs to be witnessed via video conference. But a warning, we're not quite there yet... The COVID-19 Emergency Response Bill 2020 (see reg 9) allows the Government to make regulations where an Act permits or requires the signing or … Continue reading Qld passes legislation to allow for video witnessing of wills and EPAs

Electronic execution and witnessing of Wills and EPAs

An interesting article was published in The Australian today on electronic execution of documents (read it here). These times of COVID-19 restrictions have brought urgently to the forefront the need for law reform in the execution and witnessing of wills and enduring powers of attorney. Last week, the Queensland Registrar of Titles directed that for … Continue reading Electronic execution and witnessing of Wills and EPAs