What Counts as a Signature in Australia?

Next step: Signing electronically? Read our guide to electronic signatures in Australia.

People assume a signature has to look like a signature. Legally it does not. What makes a mark a signature is intention, not appearance — and that is why a typed name at the bottom of an email has been enough to bind parties to significant commercial obligations.

Where a signature is not enough

Document type	Additional requirement
Deeds	Traditionally signed, sealed and delivered, and witnessed. Electronic execution of deeds is now permitted in most jurisdictions, but the rules differ between states — confirm before signing.
Guarantees	Generally must be in writing and signed. Lenders often require witnessing and independent legal advice — see certificates of independent legal advice.
Land dealings	State-specific formalities and electronic conveyancing requirements apply.
Statutory declarations and affidavits	Must be made before an authorised witness; Commonwealth statutory declarations can now be made digitally through approved channels.
Wills and powers of attorney	Strict witnessing requirements under state legislation.

Signing on behalf of someone else

An agent can sign if properly authorised — under a power of attorney, a delegation, or actual or apparent authority. Two practical risks: an employee signing without authority can still bind the business where the counterparty reasonably believed they had authority; and a person who signs "per procurationem" (p.p.) without authority may be personally exposed. Set and document internal signing authorities, and say clearly in the signature block on whose behalf the person signs. See our guide to the law of agency.

Emails, SMS and clickwrap

Australian courts have found binding agreements formed by email exchanges where the typed name and the content showed an intention to be bound — including in property and settlement contexts. An automatically appended email footer is weaker evidence than a deliberately typed name, but it is not automatically insufficient. The practical takeaway: if you do not intend to be bound yet, say so expressly — mark correspondence "subject to contract" or "subject to formal documentation". See when a signed contract becomes binding.

Making your signing process defensible

• Use a reputable e-signing platform that produces an audit trail — timestamps, IP address, email verification.
• Record the counterparty's consent to electronic signing, ideally as an express clause in the contract.
• Include a counterparts and electronic execution clause.
• Check whether the document is a deed, and whether your jurisdiction permits electronic execution of deeds.
• Maintain a signing authority matrix, and make sure the people signing are on it.
• Keep the executed version, not just the signature page.

Frequently asked questions

What counts as a signature in Australia?

Any mark made with the intention of authenticating a document and being bound by it — a handwritten signature, initials, a typed name, an electronic signature or, in some cases, a click-to-accept. The method must identify the signer and show their intention.

Is a typed name in an email a valid signature?

It can be. Australian courts have held that a typed name in an email was sufficient where the surrounding circumstances showed an intention to be bound. Whether it suffices depends on the document and the context.

Are electronic signatures legally binding in Australia?

Yes, under the Electronic Transactions Acts, provided the method identifies the signer, indicates their intention, is as reliable as appropriate for the purpose, and the recipient consented to it.

Does a signature have to be witnessed?

Not usually for ordinary contracts. Witnessing is generally required for deeds, guarantees in many lender forms, wills, powers of attorney and statutory declarations.

Can two directors sign separate copies of the same document?

Yes. Section 110A of the Corporations Act expressly permits split execution and electronic signing for company execution under section 127.

Not sure your signing process holds up?

Execution defects are cheap to fix in advance and expensive to argue about later. Contact Envision Legal for a fixed-fee review of your contract execution process, signing authorities and electronic signing clauses.