Who can witness an execution?

A section 88B instrument lodged for registration must be attested to by a witness who is not a party to the document see s.36(1D)(b) Real Property Act 1900. This is the only legal requirement for valid attestation whether the place of residence of the executing party, or the place of execution, is within the State of New South Wales, another State or Territory of Australia or a foreign country.

The Registrar General also requires the attesting witness to be an adult who personally knows the executing party. If this is not the case, further proof of execution may be required.

The attesting witness should also include their full name, residential or business address and, if necessary, their authority to sign as a witness, eg solicitor, mayor, managing director, secretary etc. Where an instrument is executed under the common seal of the council the affixing of the seal should be attested to by any combination of two (2) officers from the following categories:

  • the mayor
  • the general manager, or
  • a councillor (other than the mayor).

See Clause 48(2) Local Government (Meetings) Regulation 1999.