This book is the definitive Australian text on the law applicable to the use of deeds by practitioners. It is about the technicalities of putting a deed together, determined by the ancient common law as modified by Australian legislation. Deeds are used by practitioners for a variety of purposes. This book focuses on the mechanics and not on the underlying law that is engaged by using a deed. It is easy to get the mechanics wrong; there is advice to practitioners not to use deeds if a contract will suffice. If a deed must be used, this book can steer the practitioner to a successful outcome, despite the difficulties generated by nine different statutory provisions, some of which are badly drafted and uncertain in application.
The COVID pandemic has stimulated changes to the law to enable electronic deeds. However, this has occurred in substantial and satisfactory legislation only under the Corporations Act and in Queensland. In New South Wales and Victoria electronic deeds have been enabled but otherwise the applicable law has not been changed. The federal problem thus remains, in particular for cross-border transactions.
