Remote work, distributed teams, and interstate business dealings have made one thing clear: you cannot always be in the same room as the person you need to sign a contract with. Whether your client is in another city, your business partner is overseas, or you simply want to close a deal without waiting for a face-to-face meeting, remote contract signing is now a standard part of doing business in Australia.
This guide covers everything you need to know about signing contracts remotely — the legal framework, the available options, and a step-by-step walkthrough of the most efficient approach.
Is Remote Signing Legally Valid in Australia?
Yes. The Electronic Transactions Act 1999 (Cth) and equivalent state legislation establish that contracts can be formed, signed, and executed electronically. There is no legal requirement for parties to be physically present when signing a contract (with limited exceptions discussed below).
Australian contract law is based on the principles of offer, acceptance, consideration, and intention to be bound. None of these require physical presence. A contract is formed when the parties agree to its terms and demonstrate their intention to be bound — whether they do so in person, by post, by email, or through an eSignature platform.
For a comprehensive overview of the legal framework, see our guide: Are eSignatures Legal in Australia?
Methods for Remote Contract Signing
There are several ways to sign a contract remotely. Here they are, ordered from least to most efficient:
1. Print, Sign, Scan, Email (the old way)
The traditional approach: receive a contract by email, print it, sign it by hand, scan it (or photograph it), and email the scanned copy back. The other party does the same.
2. Post / Courier
For those who prefer original wet-ink signatures, the document can be posted or couriered between parties. Each person signs the original and forwards it to the next.
3. Counterparts Clause
Many contracts include a "counterparts" clause that allows each party to sign a separate copy of the same document. The signed copies together constitute a single agreement. This can be combined with email exchange (each party prints, signs, and scans their copy) but is still cumbersome.
4. eSignature Platform (the modern way)
Upload the contract to an eSignature platform, add recipients, place signature fields, and send. Each party signs in their browser — no printing, no scanning, no posting. The signed document is available instantly with a complete audit trail.
Step-by-Step: Signing a Contract Remotely with SignAndGo
Here is the complete process for remotely signing a contract using SignAndGo:
- Create your free account at signandgo.com.au/register. You get 5 free envelopes — no credit card needed.
- Upload your contract. Click "New Envelope" and drag your PDF into the upload area. If you do not have a contract ready, browse SignAndGo's template library for pre-built Australian legal templates.
- Add all signers. Enter the name and email address of each person who needs to sign. If you want signatures in a specific order (e.g., you sign first, then your client), enable sequential signing.
- Place signature fields. Drag signature, date, and name fields to the appropriate locations on the document. Assign each field to the correct signer (fields are colour-coded for clarity).
- Add a message and send. Write a brief subject line and message explaining the contract. Set an expiration date if desired. Click "Send."
- Signers receive their invitation. Each signer gets an email with a secure link. They click it, review the contract in their browser, and sign their assigned fields. No account or app needed.
- Track progress. Your dashboard shows real-time status: delivered, viewed, signed. Automatic reminders go out to anyone who has not signed.
- Download the completed contract. Once all parties have signed, download the signed PDF with its audit trail. The contract is fully executed and legally binding.
Best Practices for Remote Contract Signing
To ensure your remotely signed contracts are airtight:
- Use a platform with a proper audit trail. The audit trail is your evidence that the contract was signed by the right people at the right time. It should include timestamps, IP addresses, email addresses, and device information for each signer.
- Verify signer identity. At a minimum, signing invitations should be sent to verified email addresses. For high-value contracts, consider additional verification such as phone confirmation or knowledge-based authentication.
- Keep the signed document intact. Do not modify the signed PDF after execution. Any change to the document after signing invalidates the tamper-evident seal and could be challenged in court.
- Include an electronic execution clause. While not legally required, adding a clause like "This agreement may be executed electronically and in counterparts" removes any ambiguity about the parties' intention to sign electronically.
- Store the signed contract securely. Keep the signed document and its audit trail in a secure location. With SignAndGo, documents are stored in Australian data centres and available for download at any time.
- Confirm all parties consent to electronic signing. If a party objects to electronic execution and insists on wet-ink, accommodate their preference. The Electronic Transactions Act gives parties the right to refuse electronic dealings.
When Physical Presence is Still Required
While most contracts can be signed remotely, a few situations in Australian law still require physical presence or specific formalities:
- Documents requiring witnessing. Some documents (statutory declarations, affidavits, certain powers of attorney) must be signed in the presence of a qualified witness. While some states have introduced remote witnessing via video call (a COVID-era reform that some jurisdictions have made permanent), others still require physical presence.
- Wills. Must be signed in wet ink and witnessed in person in all Australian states and territories.
- Certain real property transactions. While contracts for the sale of land can generally be signed remotely, the transfer of title and mortgage documents may require execution through specific platforms (e.g., PEXA for electronic conveyancing).
For everything else — employment contracts, NDAs, service agreements, leases, partnership agreements, purchase orders, consent forms — remote signing is perfectly valid and increasingly the expected norm.
Remote Signing Across State Lines and Internationally
One of the major advantages of electronic signatures is that they work across geographic boundaries seamlessly:
- Interstate. A contract governed by NSW law can be signed by a party in Queensland without any issues. The Electronic Transactions Acts are harmonised across all states and territories.
- International. Most major economies recognise electronic signatures — the US (ESIGN Act), EU (eIDAS), UK (Electronic Communications Act), and many others. An electronically signed contract between an Australian business and an overseas counterparty is generally enforceable in both jurisdictions, provided the governing law clause specifies which country's laws apply.
- Time zones. Electronic signing eliminates timezone friction. A signer in London and a signer in Sydney can execute the same contract within minutes of each other, without either needing to adjust their schedule.
Choosing the Right Platform
When selecting an eSignature platform for remote contract signing, consider:
SignAndGo ticks all of these boxes: Australian data residency (Sydney), comprehensive audit trails, no-account-needed signing for recipients, unlimited envelopes from $29/month, 14 pre-built templates, and full mobile support. For a pricing comparison, see our pricing page.