A party to a real property transaction may authorise a registered conveyancer or legal practitioner to act on their behalf. A client authorisation form is used for this purpose.
Client Authorisation Version 2 - effective from 27 May 2017
An acceptable smartform version of this form can be found on the ARNECC website.
When a client authorisation is required
A client authorisation is required whenever a conveyancing practitioner represents a client in a transaction. It can provide authorisation for a practitioner to:
- execute a specific instrument
- execute a batch of instruments
- establish a standing authority until revoked.
A client authorisation is optional for caveats and priority notices.
A client authorisation is not required for instruments relating to applications:
- for title by possession to land
- for land division and amalgamation of titles
- under the Community Titles Act 1996 and Strata Titles Act 1988.
Completing the form
The client authorisation form clearly sets out the details of the authorisation. It must be signed by the client and the conveyancing practitioner (or their agent). The practitioner signs the form to certify that they have taken reasonable steps to verify both:
- the identity of their client
- the authority of their client to enter into the transaction outlined in the authorisation.
Ideally, the verification of identity and verification of authority occurs at the same time the client signs the authorisation.
The completed client authorisation form must be retained as supporting evidence of authority for the transaction.
The Australian Registrars’ National Electronic Conveyancing Council (ARNECC) has published a guidance note on client authorisation.