The convenience of executing legal documentation with electronic signatures must be carefully weighed against issues of enforceability and security. In this update, we explain the decision in Williams Group Australia Pty Ltd v Crocker  NSWSC 1907, in which the Supreme Court of New South Wales ruled that a company director was not bound by a guarantee that (apparently) bore his electronic signature.
The Australian ‘farm debt’, currently standing at $67 billion, has more than doubled over the past decade according to the Reserve Bank of Australia. Given that approximately 94% of this debt is owed to Australian banks, and in light of the fact that the farming sector’s debt-to-income ratio is currently sitting near a multi-generational high, reliance on the Farm Debt Mediation Act 1994 (NSW) (Act) in litigation proceedings is becoming increasingly prevalent.
National Australia Bank (NAB) has made changes to its debt collection practices following ASIC concerns that some of NAB’s collection letters may have been misleading, deceptive or unconscionable.
HELD : The third party guarantor must have “quality” legal advice, not just any legal advice otherwise it is not enforceable on the guarantor.