What’s the date? Don’t tempt fate!

15 January 2020

Welcome to 2020, a time for ‘perfect vision’ – so let’s see if we can identify any immediate ‘risk issues’!

With all of the talk about entering this new decade, it is worth considering what, if anything, this means for legal documents. For good reason, we recommend that the year ‘2020’ is written in full on all legal documents.

Specifically, this approach is advised from a risk management perspective, to protect against the risk of fraud. If, for example, the year is simply abbreviated to ‘20’, (i.e. 10/01/20), this provides an opportunity for it to be easily changed, for example, to 10/01/2019 or 10/01/2021, depending on what is sought to be achieved.

The above is particularly relevant for commercial and property agreements, in circumstances where obligations and rights run from the date of the document (i.e. as inserted upon execution).

However, it is also relevant in the context of other council documents, particularly if they are handwritten. This includes formal notices and orders (for example, expiation notices) and investigating officers’ notes that may be relied upon as evidence in Court proceedings. Dating these documents by reference to the year ‘2020’ in full will preserve their integrity, including for evidentiary purposes.

If you would like to discuss any of these issues, whether they relate to your commercial or other official documents, please contact Cimon Burke on 08 8113 7105 or cburke@kelledyjones.com.au.