Glossary

A decision, or refusal to make a decision, by an officer of a government department and which is subject to review either internally or externally by the courts.

A written document sworn on oath before a person with authority to administer it. The person in whose name the document is sworn is called the deponent.

A pledge that statements made are true which may be made in place of an oath if an oath is contrary to a person's religious belief or if the person has no religious belief. It can be used where a person is giving evidence in a court or where a declaration or affidavit is being made.

Said to be the case, but not yet proved.

Process for resolving disputes outside the court system, e.g. through mediation (q.v.) or negotiation (q.v.).

Features, benefits or advantages of the local environment that people currently enjoy.

To remove a case to a higher court.

A procedure for resolving disputes which involves less formality than a court hearing.

Payment that is overdue or made after the date when it fell due.

To take into custody.

(An animal) not securely confined to the owner's property.

A witnessing clause, e.g., a will contains an attestation clause stating the witnesses saw the testator (q.v.) sign and that they signed the will in the presence of the testator and each other.

A form signed by a person released on bail (q.v.) setting out the conditions of release.

The standard of proof (q.v.) required in civil law (q.v.) cases, i.e. it is more probable than not that what the person says happened is true. (In criminal cases, the standard is proof beyond reasonable doubt.)

A person who is left something in a will, or a person for whose benefit property is held by trustees or executors.

The standard of proof (q.v.) required in criminal cases.

A pre-existing attitude or opinion that favours one side over another in a dispute.

(1) A deed (q.v.) in which a person undertakes to do or refrain from doing certain things, e.g. good behaviour bond. (2) Money paid to a landlord by a tenant at the start of a tenancy as security in case of future damage to premises or non-payment of rent.

Failure by one of the parties to a contract (q.v.) to satisfactorily perform the service or action agreed to in the contract.

The ability to understand and give legal consent to an action or arrangement.

A notice given to an appropriate officer ordering him or her not to take a certain step until the person giving the notice (the caveator) has had an opportunity to object (e.g. to a transfer of land).

A document prepared by the Titles Office which shows details of land registered under the Torrens system, particulars of the location, encumbrances (q.v.) and owners.

Any property that is not freehold land. It may be a leasehold (called a chattel real) or a movable article of property (chattel personal).

A parenting order (q.v.) setting out arrangements for the financial support of a child after marriage breakdown.

A document signed by a willmaker that alters or adds to an existing will.

The part of English law traditionally based on common custom and being unwritten. Law which is not equity (q.v.), statute (q.v.), ecclesiastical (church), or civil (i.e. Roman).

A person with authority to monitor and report on the performance of mental health services and the welfare of their patients.

A person who begins a prosecution against another in the Magistrates' Court, a plaintiff.

Process of resolving disputes which involves negotiations between parties, assisted by a conciliator. Conciliation aims for mutual agreement rather than a decision in favour of one side.

Protection against disclosure to an outside person of information revealed in a professional relationship, e.g. doctor-patient.

Agreement to an action or arrangement. See also: informed consent.

A simplified form of preliminary contract (q.v.) used in the sale of real estate.

To breach, neglect or refuse to comply with a particular requirement or condition.

The time during which a pur­chaser can withdraw from a contract after signing.

A person or company to whom a debt is owed.

Control; e.g. when arrested and not free to leave; formerly, care and control of a child.

A court order for money to be paid as compensation for a loss suffered as a result of a civil wrong or breach of contract.

A person who owes a debt.

A written document that is signed, sealed and delivered. "Sealing" (attaching a seal with wax) is no longer necessary. "Delivering" is traditionally completed when the person signing the document says "I deliver this as my act and deed".

To be treated as.

A person who has been charged with a criminal offence, or whom a civil action has been brought against.

Decision.

Situation where a decision making body improperly allows itself to be directed by another person or body when making a decision.

A hearing held before the full hearing so that the court or tribunal can give directions to the parties about how the action should proceed.

Money paid out on behalf of another. In a solicitor's bill, a disbursement may include payments made on lodging documents, and stamp duty, for example.

To fulfil or be released from an obligation. A debt is discharged when it is paid.

Giving particular information to another party as required by a contract or legal process.

Power to choose whether to do or not to do a certain thing, e.g. investigate a complaint.

A framework, set of rules, procedural steps, or test, often established through precedent (q.v.) in the common law (q.v.), through which judgments can be determined in a given legal case.

See common law.

See precedent.

A relationship where two people (of the same or opposite sex) are not married but are living or have lived together as a couple.

A charge (q.v.) or liability, e.g. a mortgage.

A power of attorney (q.v.) or guardianship which continues to have effect even if the donor ceases to be mentally competent.

To make people obey (a law, the terms of an agreement, etc). Also: enforceability.

Environment Protection Authority Victoria.

The person whose duty it is to carry the provisions of a will into effect. Where that person is female, she may be called an executrix.

Of a wild nature; naturally dangerous (animals).

Examination of the body of a person suspected of having committed an offence, or the taking of certain body samples.

The right to belong, or not belong, to an industrial association (trade union).

The right of any person to have access to documents held by government agencies, except those exempted by legislation.

To undertake (q.v.) that a contract or a legal act will be correctly carried out, e.g. that money will be repaid. The person giving the undertaking is called the guarantor.

A person who has the right and duty to protect another person, his or her property and rights. A plenary guardian has all the powers of a parent.

A not-for-profit community organisation with a separate legal identity and a structure regulated by legislation.

Compensation for a wrong done, or an expense or loss suffered as a result of the act or default of another. Verb: indemnify.

An impartial person required to support and assist a person with an intellectual disability, mental illness, brain injury or dementia during questioning by police.

A serious crime which is generally triable before a judge and jury.

Notice showing that an offence (usually a driving offence) has been committed and the penalty to be paid (an "on-the-spot-fine").

A court order which directs someone either to do, or to refrain from doing, a particular thing. An injunction may be interim (operative until further order) or perpetual (continuing indefinitely).

Unable to pay debts in full.

A witness to a will who (or whose spouse) is given property or power under the terms of the will.

The asking of questions. In criminal cases, the questioning of suspects by police. In civil proceedings, the pre-hearing process, by which a party asks the other party a series of written questions (interrogatories) which are then required to be answered on oath.

Court order under the Crimes (Family Violence) Act restraining a person from harmful or annoying conduct against a family member.

One who dies without leaving a valid will. The deceased's property is distributed to the nearest relatives in an order set by law.

Persons who own land in an undivided share in common; on the death of one owner his or her interest passes to the surviving owner(s), and cannot be disposed of by will or deed, unlike tenants in common (q.v.).

Review by a court of an adminis­trative act (q.v.) on the basis of fault in the decision-making process. Compare: review on the merits.

The authority of a court to decide matters brought before it; the geographical limit within which a court order can be enforced.

A panel of people selected from the general public to decide the guilt or innocence of people tried in criminal cases, or questions of damages (q.v.) in civil cases.

A document of agreement between a landlord and a tenant, for rental of premises.

Legal responsibility, e.g. for breaking a contract, committing a crime. It may be civil (q.v.) or criminal, and is enforced by civil or criminal courts.

Court proceedings in civil matters (q.v.). A litigant is one of the opposing parties (q.v.) in a civil proceeding.

Laws made and enforced by municipal councils within their boundaries. Previously called by-laws.

Having to be strictly complied with. Mandatory reporting: obligation to report, e.g. cases of abuse of children, to authorities. Mandatory sentencing: automatic gaol term for certain offences.

Naturally tame; refers to most domestic or pet animals.

Relevant or important; information which may influence a decision.

Assessment of a person's income and assets to see if they qualify for financial assistance.

Form of dispute resolution where an impartial third party helps communication and negotiations between the parties, but does not decide the dispute. Compare: arbitration (q.v.).

A transfer of real property (land) or personal property (goods) as security for the repayment of money borrowed. The creditor to whom the mortgage is made is the mortgagee, the debtor who makes it is the mortgagor.

A form of communal title whereby land is not owned but is used by those who have rights over it. Describes traditional Aboriginal rights over land in Australia.

The rules and procedures to be followed by a person or body with the power to settle disputes. (See: Chapter 14.1 Administrative law. Some rules of natural justice are to act fairly, without bias, and the right of all parties to be heard.

A tort (q.v.) involving the breach of a duty of care (q.v.) resulting in loss or damage to another person.

A test to ensure that an employment agreement does not cause an employee to be worse off than under existing laws or awards.

A pledge that statements made are true which is made with one's hand on the bible. Witnesses in court are required to take an oath or make an affirmation (q.v.) before giving evidence.

A wrong prohibited by the criminal law.

A person who commits an offence.

Lying under oath (q.v.) when questioned in a court proceeding or when making a sworn statement. A person found guilty of perjury may face imprisonment.

Person who committed the offence.

Ownership of property remains with a group or organisation as a whole, not individual members of the group.

The person highest on a designated list who is available and able to make decisions on medical treatment for a patient who is unable to give informed consent (q.v.).

A formal written legal docu­ment by which one person (the donor) gives another (the donee) power to represent them or act in their place for certain purposes. See: enduring power.

The doctrine by which courts are obliged to follow past decisions.

A writ issued by a higher court (e.g. the Supreme Court) to prevent lower courts and officials from exceeding their powers or to compel them to exercise their functions, e.g. habeas corpus (q.v.), mandamus (q.v.), certiorari (q.v.).

A person who is injured or dies as a direct result of an act of violence.

The proving of a will, the acceptance by the Probate Division of the Supreme Court of Victoria that the deceased's will is valid (q.v.) and the last will in existence.

A name which cannot be registered because it is obscene or offensive, impracticable or against the public interest.

An order to stop decision-making proceedings in a lower court or tribunal.

The party (q.v.) presenting evidence against the person accused of committing a crime.

Person appointed to act on behalf of an incorporated association in any public dealings.

A person with a close family or personal relationship to a primary victim (q.v.) who has died as a result of an act of violence.

A parenting order (q.v.) stating with whom (usually which parent) a child is to live following separation or divorce.

The body that has the power to grant or refuse permits, often a local council.

A person who is injured, physically or psychologically, as a direct result of witnessing an act of violence, or through being the parent or guardian of a primary victim aged under 18 (q.v.).

In relation to transport injuries, a serious long-term impairment, disfigurement or loss of a body function, or severe long-term mental or behavioural disturbance, or loss of a foetus.

A state tax on transfers of ownership of assets or property, or on leases.

The right to take action in court or to be heard or represented in a case.

The existing situation.

A law made by Parliament (state or Commonwealth).

A written statement of facts which the person making it signs and solemnly declares to be true before a person authorised to take declarations.

To take legal action.

A document which is issued by the court requiring the attendance of the person named in the summons at court on a specified date.

A person who binds him or herself to be answerable for another. If there is a default, the surety will be liable.

The relation between a landlord and a tenant for rented premises. (See: lease).

Form of joint ownership, with two or more people occupying the whole of land in common. Each share has a separate title and can be disposed of by will. Compare: joint tenants (q.v.).

A person who makes a will. A female testator is sometimes called a testatrix.

Wrongful entry onto or interference with a property without the permission of the lawful owner or occupier.

A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding.

To promise, in the course of legal proceedings, to do or refrain from doing an act. An undertaking is enforceable by attachment or like an injunction.

Legally binding (q.v.) or effective.

A document which must be provided to the buyer of a property by the seller and which gives certain information about the property and matters affecting it.

Of no legal effect.

To give up a legal right or claim.

A document issued by a court directing an officer to take certain action. May be: a warrant of apprehension, directing that a person be arrested and brought before a court; a warrant of commitment, directing that a person be arrested and imprisoned; a warrant of distress, directing that a person's goods be seized to satisfy a debt; or a warrant of seizure and sale of real estate.

(1) A minor clause in a contract, the remedy for breach of which is damages for any loss. (2) A promise to repair or replace defective goods.

Something which does lasting damage to land or alters the nature of the property.

A person who can provide direct information based on their own knowledge about a relevant fact in issue, and appears in court to do this.

A document in the monarch's name and under the seal of the Crown which commands the person to whom it is addressed to do or refrain from doing some act.