What evidence is typically required to resolve an e-signature dispute in a tribunal?

To address disputes, parties must provide evidence such as timestamped audit logs, IP addresses, device information, and signer verification records from the e-signature system. Courts or tribunals evaluate whether the e-signature process meets reliability standards under Australian law, often requiring expert testimony on the platform's security features to confirm authenticity and consent.

What steps should be followed if an e-signature is challenged in an Australian court?

First, gather all relevant documentation including the e-signature certificate, workflow history, and any notifications sent to the signatory. Notify the e-signature provider for support in retrieving records. Consult legal counsel familiar with electronic transactions legislation to prepare a defense based on statutory requirements. If needed, engage forensic experts to analyze the digital trail for tampering or fraud indicators.

How to handle e-signature disputes in an Australian tribunal or court?

Shunfang

2026-02-27

3min

FAQs

In Australia, e-signatures are governed by the Electronic Transactions Act 1999 (Cth) and corresponding state legislation, such as the Electronic Transactions Act 2000 (NSW). These laws recognize e-signatures as equivalent to traditional signatures if they reliably identify the signatory and indicate intent to sign. In disputes, courts assess compliance with these acts, focusing on authentication methods and audit trails provided by the e-signature platform.

Shunfang

Head of Product Management at eSignGlobal, a seasoned leader with extensive international experience in the e-signature industry. Follow me on LinkedIn

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