Victorian Consolidated Legislation

Property Law Act 1958 - SECT 69

Receipt in deed or indorsed authority for payment to legal practitioner21

69. Receipt in deed or indorsed authority for payment to legal practitioner21



(1) Where a banker, legal practitioner or conveyancer produces a deed, having
in the body thereof or indorsed thereon a receipt for consideration money or
other consideration, the deed being executed, or the indorsed receipt being
signed, by the person entitled to give a receipt for that consideration, or
produces a duly executed instrument under the Transfer of Land Act 1958 the
deed or instrument (as the case may be) shall be a sufficient authority to the
person liable to pay or give the same for his paying or giving the same to the
banker, legal practitioner or conveyancer, without the banker, legal
practitioner or conveyancer producing any separate or other direction or
authority in that behalf from the person who executed or signed the deed or
receipt or instrument.

(2) This section shall apply whether the consideration was paid or given
before or after the commencement of this Act.

(3) In this section instrument includes a discharge of mortgage and banker
means a person acting in his or her official capacity as general manager or
manager of any company solely or chiefly engaged in the ordinary business of
banking or as the manager conducting for such company the business of any
branch of an authorised deposit-taking institution within the meaning of the
Banking Act 1959 of the Commonwealth.

(4) In this section, conveyancer means a licensee under the
Conveyancers Act 2006.