What "wet signature" actually means

A wet signature is the old-fashioned kind: an ink pen, a paper document, and a human witness watching you sign. The phrase comes from the fact that the ink is literally wet when you put the pen down. It exists as a category only because there's now an alternative — the electronic signature — and the two don't always carry the same legal weight.

In a mortgage context, the wet signature is usually paired with a second requirement: witnessing. A document hasn't been "wet signed" properly if you signed it alone in your kitchen. The witness is part of the formality.

For most guarantor and ILA documents, the witness is the independent solicitor running your appointment. They watch you sign, then sign the document themselves to confirm they saw you do it.

Why some banks still want it

Australia's Electronic Transactions Act and its state equivalents have allowed electronic signatures on most documents for more than two decades. So in principle, almost any contract can be e-signed. In practice, lenders are conservative about a small group of documents because the consequences of getting it wrong are severe:

  • Real property mortgages. The mortgage itself, which gets registered against the title, is treated differently in every state. Most state titles offices still expect the registrable form to be wet-signed and witnessed.
  • Guarantees. A guarantee is enforceable against the guarantor personally, often for hundreds of thousands of dollars. Banks want the strongest possible evidence the guarantor actually signed it knowingly, in front of an independent witness.
  • Statutory declarations and certificates. The ILA certificate itself usually needs to be wet-signed, because it's a sworn statement by the solicitor that the meeting occurred.
  • Documents executed under power of attorney. Where someone is signing for someone else, the paper trail matters even more.

The other reason is institutional caution. If a guarantor later argues "that wasn't me" or "I was pressured into it", a wet signature on paper, witnessed by an independent solicitor, is harder to challenge than a digital signature applied through a portal.

What typically gets wet-signed in an ILA appointment

The exact bundle varies by lender, but for a guarantor transaction it usually includes:

  • The guarantee and indemnity document.
  • The mortgage (where the guarantor's property is being used as security).
  • An acknowledgement of independent legal advice, signed by both you and the solicitor.
  • The ILA certificate itself — signed by the solicitor.

For straight borrower transactions where there's no guarantor, the wet-signed pile is smaller — sometimes just the mortgage and a statutory declaration. Most other loan paperwork (the loan offer, direct-debit authorities, internet banking forms) can usually be e-signed through the bank's portal.

How wet signatures work in a video ILA appointment

This is the question people ask most often: if I'm on a Zoom call with my solicitor, how can they witness a wet signature?

The answer is that under the temporary remote witnessing rules introduced during COVID — many of which were later made permanent — a solicitor can lawfully witness a signature over video link in most Australian states, provided certain conditions are met:

  1. The solicitor sees you sign in real time on the video call.
  2. You and the solicitor sign a counterpart copy of the same document — or the solicitor signs the same copy after it's couriered or scanned and re-printed.
  3. The solicitor's witnessing clause states that the document was signed by audio-visual link.
  4. The solicitor is satisfied as to your identity and that you signed voluntarily.

The rules differ in detail between states. Your solicitor will know which form of witnessing your bank requires. For the borrower or guarantor, the practical experience is the same: you sign the documents on paper, hold them up to the camera, then send the wet-signed originals back by overnight courier or hand-deliver them to your broker.

What to prepare on your end

If your ILA is happening by video and the documents need a wet signature, set yourself up before the appointment:

  • Print the document bundle in colour, single-sided, on standard A4. Don't print double-sided — most banks reject double-sided execution.
  • Have a working blue or black ballpoint pen. Avoid gel pens that bleed and felt tips that smudge.
  • Use a flat surface with good lighting. The solicitor needs to see the page clearly during signing.
  • Don't sign anything before the appointment. The solicitor needs to witness the signature being made.
  • Have a courier bag or pre-paid express-post envelope ready so the originals can go out the same day.

When electronic signatures are accepted

Australia is moving — slowly — towards full electronic execution. For ordinary borrowers without a guarantor, several lenders now run end-to-end e-sign mortgages where the customer never picks up a pen. But ILA documents and guarantor packs lag behind, for the reasons above.

If your bank's loan offer specifies "wet ink" or "originals required for settlement", that's the cue. Your broker will usually flag it explicitly. If the bank has accepted e-sign for the ILA bundle, your solicitor will run the appointment differently — typically through a witnessed e-signature platform like DocuSign with audio-visual identity verification.

Next steps

If you're getting ready for an appointment, our guide to what to bring to your ILA appointment walks through the document checklist. And if you're wondering whether the whole thing can really be done over Zoom, we cover that here — including how the wet-signature workflow runs in a video meeting.

General information only. This article gives general guidance for Australian borrowers and guarantors. It is not legal advice and does not consider your individual circumstances. Lender, state and witnessing rules change — confirm with your broker or solicitor before signing.