<p>Hi Carly,</p>
<p>First off, I wanted to tell you that I am a licensed attorney in the US, but I have no experience with Australian law. However, I believe the information is still helpful when you are weighing the pros and cons of digital contracts versus paper contracts.</p>
<p>In the US, the issue isn't so much whether the contract is or isn't enforceable, the real trouble with digital contracts is in proving them up in court if there is ever a problem down the road. Let me give you an example to illustrate what I mean. If I enter into a paper contract with someone and I ever have to enforce that contract in court, I can simply introduce the paper contract as an exhibit. If the person denies that they signed it, then it is a simply matter of comparing signatures.</p>
<p>However, when you are working with digital contracts, it gets a little more complicated. How can you prove that the specific client signed the contract? Even if you are tracking the IP address of the computer used to digitally sign the contract (which you are likely not), you still might run into some problems showing that the particular person digitally signed the contract.</p>
<p>So, even if you learn that digital contracts are enforceable in Australia, you should at least be aware that you could still potentially run into other incidental problems with using them.</p>
<p>Hope this helps,</p>