Understanding Registration of Powers of Attorney in Australia

A power of attorney is a legal document that grants someone else (the Attorney) the authority to make decisions on behalf of you or your company (the Principal). This can include decisions regarding the Principal’s finances, property, or corporate affairs.

In Tasmania, it is compulsory for all powers of attorney to be registered with the Land Titles Office. In contrast, Victoria does not require registration of powers of attorney. In every other state and territory, a power of attorney need only be registered if it is in relation to land dealings.

Registration Process

Requirements for registration differ slightly across each state and territory. In Tasmania, the following documents must be filed with the Recorder of Titles:

• The original power of attorney document.
• A registration form – Form 5.
• A lodgement form.

Benefit of Registration

Registering a power of attorney means it is officially recorded as a public document, protected from loss or destruction, and is of enhanced evidentiary value if needed to demonstrate the Attorney’s authority to act for the Principal.

This article includes general information only and is not specific to your situation.

If you require assistance in relation to anythingcontained within this article, including registering a power of attorney in anyAustralian state or territory, please contact us.

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