Witnesses Beware!

Posted on April 28, 2007 by | 0 Comments

Tim O'Dwyer M.B., LL.Bby Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au


A recent court decision in New South Wales rings warning bells to all those asked to witness property documents. Witnesses Beware! The law is familiar, the Court of Appeal judge remarked, with cases where someone forges a property owner’s signature on a mortgage, induces someone else to witness the forgery then borrows money on that security.

“Often the forger has been the husband of an unsuspecting wife,” His Honour added.

With these observations Judge Ipp began his judgment last September in the land-mark case of Graham v Hall where one of the parties was just such an unsuspecting wife.

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