Alex and Nick are married and live together in O'Connor in the Australian Capital Territory. Alex is deaf and uses Australian sign language (Auslan) to communicate. He can also usually understand what people are saying by reading their lips, and when he can't he relies on others to interpret for him using Auslan.

Nick owns a caf in the city and needs a loan from the Bank to renovate the premises. The Bank asks for security for the loan, and Nick offers the house he co-owns with Alex. The Bank Manager visits the home in O'Connor. When she arrives, Alex hands her a piece of paper that says 'I can't read your lips because you are wearing a mask, but Nick can interpret for me'. The Bank manager explains that the home is needed for security because Nick's caf in the city is losing money and if there is a default on the loan that the Bank can sell the home to satisfy the debt. Because she is wearing her mask Alex does not get any of this information. Instead of interpreting the full statement, Nick just signs 'It's just boring paper work for the business, just sign the papers, it's all good'. Alex signs the papers and so does Nick, and the loan is issued.

Unfortunately Nick's business defaults on the loan and the Bank wants to sell the O'Connor home.

With reference to the Amadiocase, advise the Bank whether the court will uphold the contract.