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The Slater and Gordon property and mortgage files - in case you haven't seen them

Leo's asking all the right questions about the Power of Attorney

Leo G said:

I am perplexed by the Power of Attorney signed by Blewitt. A
PoA, if made in Western Australian under WA Law, MUST be registered in WA. To
be registered in WA the PoA must be signed by the applicant and that signature
verified by the signature of an INDEPENDENT witness. But the PoA was witnessed
by Julia Gillard, who acted on behalf of Blewitt and so is not a witness permitted
in WA. But the property purchased was in Victoria in which case the PoA must
comply with Victorian Law. In Victoria the witness is not usually necessary,
but the PoA must state that the power of attorney is made in pursuance of
Section 107(1) of the Instruments Act (Vic) 1958- Blewitt's PoA does not. A PoA
made in Victoria does not have to be registered. But Blewitt's PoA was made in
Western Australia and to be accepted in Victoria must comply with WA Law (which
it doesn't). Was the PoA registered in Western Australia? Apparently not. Has
anyone checked?

 

And this document helps to understand Power of Attorney in Australia.  You'll be full bottle after today!

http://www.topdocs.com.au/files/articles/08-09/Understanding_POAs.pdf

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