- Any word or phrase followed by (q.v.) is defined elsewhere in the glossary
- Some words have an ordinary meaning as well as the specific legal meaning given here.
abate“ƒTo reduce, remove or minimise. Can be used to bargain an outcome. To abate a nuisance (q.v.) is to remove or reduce it without violence or unnecessary damage. Abatement is an alternative to bringing a court action.
abduction“ƒUnlawful removal of a person, often a child, from their home environment.
abrogate“ƒTo repeal or cancel. An act that repeals whole or part of an existing Act or a rule of common law (q.v.) is said to abrogate that Act or law.
absolute privilege“ƒThe protection given to parliamentary and court proceedings that any information produced or revealed in them cannot give rise to an action for defamation (q.v.).
abuse of process“ƒMisuse or unjust use of court procedure, e.g. long delay in bringing an action may disadvantage a defendant.
acquit“ƒTo discharge. To ï¬nd an accused “not guilty” after trial.
act of bankruptcy“ƒ An action of a debtor (q.v.) that shows an inability to pay their creditors (q.v.).
actus reus“ƒVoluntary actions or omissions constituting a crime; the physical element of an offence. The actus reus may be a positive act or failure to act.
adduce“ƒTo present as evidence (q.v.) in court.
adjourn“ƒTo suspend a court hearing to a future speciï¬ed day or sine die (q.v.). Also, adjournment.
adjournment without conviction“ƒA sentencing order of a good behaviour bond (q.v.). A conviction is not recorded if the bond is observed. Can also known as a deferred sentence or suspended sentence.
administrative act“ƒA decision, or refusal to make a decision, by an ofï¬cer of a government department and which is subject to review either internally or externally by the courts. See fiat.
administrative law“ƒRules that govern the decision making process of public ofï¬cials covering their powers, functions and procedures to follow.
adversary system“ƒThe system used to decide court cases in Australia, where the opposing parties (q.v.) argue against each other, with a judge or magistrate as an independent decision maker or arbitrator.
afï¬davit“ƒA written document sworn on oath before a person with authority to administer it for the purpose of providing evidence for a court case. The person in whose name the document is sworn is called the deponent.
afï¬rmation“ƒA 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 (q.v.) in a court or where a declaration or afï¬davit (q.v.) is being made.
alibi“ƒDefence to a criminal charge (q.v.) on the grounds that the accused was somewhere other than the scene of a crime when that crime was committed.
alleged“ƒSaid to be the case, but not yet proved.
ADR (alternative dispute resolution)“ƒProcess for resolving disputes outside the court system, e.g. through mediation (q.v.), negotiation (q.v.), arbitration (q.v.) or conciliation (q.v.).
amenity“ƒFeatures, beneï¬ts or advantages of the local environment that people currently enjoy. A park, for instance, is a local amenity.
amicus curiae“ƒFriend of the court. Someone who advises the court on a particular matter but does not represent any of the parties in the action.
annuity“ƒA sum of money payable yearly, such as a payment made under a will.
annul“ƒTo put an end to, cancel, render void (q.v.) in law.
appeal“ƒTo have a case go a higher court in order that a decision from a lower court or tribunal be reviewed.
appellant“ƒA person who appeals (q.v.) a decision of a court or tribunal to a higher court.
arbitration“ƒA procedure for resolving disputes that involves less formality than a court hearing. An arbitrator’s decision is ï¬nal and cannot be appealed.
arrears“ƒPayment that is overdue or made after the date when it fell due.
arrest“ƒTo take into custody usually for the purpose of bringing the person to court.
assessable income“ƒIncome on which liability to pay income tax is calculated.
assignment“ƒLegal transfer of a right or an interest in property from the owner to another person.
asylum“ƒRefuge or protection from persecution, usually in another country. Alternatively, a place for the detention and treatment of the insane.
at large“ƒ(An animal) not securely conï¬ned to the owner’s property. A person who has committed an offence (q.v.) and is still to be captured or who has escaped from legal custody.
attachment of earnings“ƒA court order that a debtor’s (q.v.) employer pays an amount of the debtor’s wages regularly to the creditor until the debt is paid off.
attestation clause“ƒA 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.
bail“ƒThe payment of money in order to be set free when one is in remand awaiting trial. This acts as a guarantee that the accused will appear in court to answer the charges otherwise the bail payment will be forfeited.
bail bond“ƒA form signed by a person released on bail (q.v.) setting out the conditions of release.
bail justice“ƒA person who is not a judge or magistrate but who has authority to grant or refuse bail (q.v.), usually at a police station.
balance of probabilities“ƒThe 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 (q.v.).
bankruptcy“ƒA person or organisation in a position of not being able to pay their debts in full to their creditors.
beneï¬ciary“ƒA person who is left something in a will, or a person for whose beneï¬t property is held by trustees or executors. Can also be known as a legatee (q.v.) or trust (q.v.).
bequeathed“ƒThe act of giving a person something by listing their name as the beneï¬ciary (recipient) in a will.
beyond reasonable doubt“ƒThe standard of proof (q.v.) required in criminal cases. If there is any doubt as to the guild of the accused, then a verdict of not guilty must be given. In civil cases, the standard is on the balance of probabilities (q.v.).
bias“ƒA pre-existing attitude or opinion that favours one side over another in a dispute.
bill of sale“ƒA document that enables one person to possess and use goods, the possessor, while another has legal ownership, usually a person or company that has lent money for the purchase of the goods. See goods mortgage.
bond“ƒA deed (q.v.) in which a person undertakes to do or refrain from doing certain things, e.g. good behaviour bond. Also, 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.
breach of contract“ƒFailure by one of the parties to a contract (q.v.) to satisfactorily perform the service or action agreed to in the contract.
burden of proof“ƒThe obligation to prove what is alleged. In criminal cases, this obligation rests on the prosecution, which must prove its case beyond reasonable doubt (q.v.). In civil cases, it rests on the plaintiff, who must prove their case on the balance of probabilities (q.v.). Sometimes, however, this burden shifts, for example, where the defendant raises particular defences.
business purpose declaration“ƒA statement signed by a debtor (q.v.) before entering a credit contract (q.v.) that the credit is for business, not domestic, purposes.
by-laws“ƒFormer name of local laws (q.v.).
capacity“ƒThe ability to understand and give legal consent (q.v.) to an action or arrangement. Full legal capacity is reached at 18 years of age when a child becomes an adult.
case law“ƒThe law based on decisions made by judges in previous case. See common law.
caveat“ƒTranslated from Latin it means to “˜beware’. A notice given to an appropriate ofï¬cer ordering them 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.
certiï¬cate of title“ƒA document prepared by the Titles Ofï¬ce that shows details of land registered under the Torrens system, particulars of the location, encumbrances (q.v.) and owners.
certiorari“ƒA form of writ (q.v.) by which actions for review of administrative decisions are commenced in the Supreme Court. Now termed “an order in the nature of certiorari“.
character witness“ƒA person who appears in court to give a reference for an accused person. See witness.
charge“ƒAn accusation made against a person or organisation that they have committed a criminal offence (q.v.). Also, a judge’s directions to a jury (q.v.) at the end of a case.
chattel“ƒAny property that is not freehold land. It may be a leasehold, called a chattel real, or a movable article of property, a chattel personal.
child maintenance order“ƒA parenting order (q.v.) setting out arrangements for the ï¬nancial support of a child after marriage breakdown.
citizen’s arrest“ƒAn arrest (q.v.) by any person who is not a police ofï¬cer or who does not have a warrant (q.v.) to arrest.
civil action“ƒLegal proceedings between two or more private persons. Sometimes a private person may bring a civil action against the state.
civil law“ƒLaw that is not criminal or church law, usually the former, it may mean law based on the Roman system. The body of law relating to civil matters (q.v.) between private individuals and/or organisations as opposed to the criminal law (q.v.). Throughout this book, civil law means non-criminal law.
civil matters“ƒDisputes between private individuals and/or organisations in contrast to criminal law matters that are between the state and an individual and/or an organisation.
clear title“ƒOutright ownership, without any debts or charges on the property.
code of practice“ƒA set of guidelines for fair practice developed for a speciï¬c industry, occupation, trade or profession. May be voluntary (q.v.) or statutory (q.v.).
codicil“ƒA document signed by a willmaker that alters or adds to an existing will.
cohabitation“ƒLiving together as a couple sharing an emotional and sexual relationship. Also, where any number of people lives together on a long-term basis as do members of a family.
collateral contract“ƒA separate contract (q.v.) that precedes or exists alongside the main one.
combined custody and treatment order“ƒA sentence that is served partly in prison and partly in the community undergoing supervised alcohol and/or drug treatment.
committal proceedings“ƒWhere a Magistrates’ Court hears evidence (q.v.) on an indictable charge (q.v.) and decides whether the accused should be sent for trial. Can also be called a preliminary examination (q.v.).
common law“ƒThe part of English law traditionally based on common custom and being unwritten. Law that is not equity (q.v.), statute (q.v.), ecclesiastical (church), or civil (i.e. Roman).
common law defence“ƒA defence based on decisions in previous cases.
Community Corrections Order (CCO)“ƒA ï¬‚exible order that allows a person to serve their sentence in the community. These court orders have at least one condition attached. These conditions differ according to the kind of offence the person has been found guilty of and their particular circumstances.
CTO (community treatment order)“ƒTreatment of an involuntary patient (q.v.) by a medical practitioner in the community, not in a mental hospital.
Community Visitor“ƒA voluntary, independent person with authority to monitor and report on the performance of mental health services and the welfare of their patients.
CBO (community-based order)“ƒA sentencing order, as an alternative to imprisonment, requiring a person to undertake unpaid or educational work in the community for a set number of hours under the supervision of the Ofï¬ce of Corrections.
compensation order“ƒA court order that a person found guilty of a criminal offence (q.v.) must pay for loss or damage of property caused by the offence. The payment would be paid to the affected individual or business.
compensatory damages“ƒDamages (q.v.) paid to the winning party (q.v.) in a civil (q.v.) action to compensate them for damage they have suffered as a result of the actions of the losing party. May be aggravated (q.v.).
complainant“ƒA person who begins a criminal prosecution against another in the Magistrates’ Court. In a civil action they could also be referred to as a plaintiff.
comprehensive insurance“ƒInsurance that covers claims against the insured by other persons for damage to their property as well as covering the insured for damage to their own property.
conciliation“ƒProcess of resolving disputes that involves negotiations (q.v.) between parties, assisted by a conciliator. Conciliation aims for mutual agreement rather than a decision in favour of one side.
condition precedent“ƒA condition that delays the coming into effect of a right, usually under a contract (q.v.), until that condition is fulï¬lled.
conduct money“ƒMoney that must be provided to a witness (q.v.) subpoenaed (q.v.) to court to cover the cost of travel, and other associated costs, to and from court.
conï¬dential relationship“ƒA relationship where one party (q.v.) depends on or trusts the authority or professional independence of the other party.
conï¬dentiality“ƒProtection against disclosure to an outside person of information revealed in a professional relationship, e.g. doctor”“patient.
conï¬‚ict of interest“ƒA situation where a person’s own interests, or a duty towards someone else, may corruptly affect the way they carry out a duty towards others.
consent“ƒAgreement to an action or arrangement. See informed consent.
consumer lease“ƒA contract (q.v.) for hire of goods by a person for a speciï¬ed period and rental payment/s.
contact order“ƒA parenting order (q.v.) that states the kind and frequency of contact between a child and another person ““ usually the parent with whom the child is not living.
contempt of court“ƒThe failure to obey a court order or an act that shows a disregard for the authority of the court or judge. A person in contempt may face imprisonment.
contest mention hearing“ƒA preliminary hearing/examination (q.v.) in criminal cases where parties can try to reach agreement on some matters before the full hearing.
contract“ƒA legally enforceable agreement between two or more people or organisations with enforceable obligations and promises.
contravene“ƒTo breach, neglect or refuse to comply with a particular requirement, condition or court order.
contributory negligence“ƒA defence in an action for damages (q.v.) for injuries arising from the defendant’s negligence. The defendant attempts to prove that the plaintiff’s own negligence caused or contributed to the injuries suffered.
conveyance“ƒA transfer of real property (q.v.).
convict“ƒAt the end of a criminal trial to ï¬nd the accused guilty of a crime.
cooling-off period“ƒThe time during which a purchaser can withdraw from a contract (q.v.) after signing.
copyright“ƒThe rights belonging to the owner or licensee of literary, artistic and dramatic works, ï¬lms and sound recordings, to reproduce, perform or otherwise deal with these works.
corporal punishment“ƒAny physical punishment, usually one causing pain.
corroboration“ƒIndependent evidence (q.v.) that supports the main evidence.
cost indemnity rule“ƒThe rule, applying in many court proceedings, that the losing side must pay the legal costs (q.v.) incurred by the other side in the action. See costs.
costs“ƒThe legal fees and expenses incurred by each party (q.v.) in legal proceedings. The losing party usually must pay the costs of the winning party. See cost indemnity rule.
counterclaim“ƒWhere the defendant has a claim against the plaintiff that might have been brought by bringing a separate action, the defendant may raise it in the existing action by adding a statement of the facts on which the claim is made to the statement of defence.
covenant“ƒAn agreement creating an obligation contained in a deed (q.v.) or land title. A covenant may serve the same purpose as a (q.v.).
cover note“ƒA document provided by an insurer as evidence (q.v.) of temporary insurance cover before a formal policy is issued.
credit charges“ƒCharges for which a consumer who enters into a credit contract (q.v.) will be liable in addition to the sum borrowed and any interest payable.
credit contract“ƒA contract (q.v.) for deferred payment of a debt owed by one person or organisation to another.
creditor“ƒA person or company to whom a debt is owed.
cross-vesting“ƒProcess by which a superior court can exercise the jurisdiction of another, e.g. between state supreme courts and federal courts.
cumulative sentence“ƒAn order by a court for two or more periods of imprisonment be served one after the other. See concurrent sentence.
custodial sentence“ƒA sentence of imprisonment.
custody“ƒControl over a person by keeping them in custody; e.g. when arrested and not free to leave; formerly, care and control of a child.
damages“ƒA court order for money to be paid as compensation for a loss suffered as a result of a civil wrong or breach of contract (q.v.). See compensatory damages; general damages; nominal damages; special damages.
debt“ƒMoney that is owed by one person or business to another.
debt agreement“ƒAn arrangement between the creditor and debtor for dealing with unpaid debts (q.v.) that is less formal and intrusive than bankruptcy (q.v.).
debtor“ƒA person who owes a debt.
decree absolute“ƒA ï¬nal order from the Family Court that a marriage has been terminated. Both parties are now free to remarry. See decree nisi; divorce; marriage.
decree of dissolution of marriage“ƒDivorce. See decree nisi; decree absolute; divorce.
decree nisi“ƒAn order that a marriage is terminated until a decree absolute is issued. During a decree nisi neither party (q.v.) may remarry. See decree absolute; divorce; marriage.
decree of nullity An order that a marriage is not legally valid.
deed“ƒA 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”.
deemed“ƒTo be treated as.
defamation“ƒPublication, in the press, electronic media or by word of mouth, of false and derogatory statements about another person, without any justiï¬cation recognised by law. See slander, libel.
default“ƒTo fail in some duty, i.e. to fail to do something you were meant to do. So, default rate ““ rate of interest charged on overdue payments; default summons ““ summons that alleges the debtor/defendant (q.v.) has failed to pay money due and owing. The summons may be ordinary or special.
defendant”ƒA person who has been charged with a criminal offence (q.v.), or against whom a civil action (q.v.) has been brought.
delegated legislation“ƒLaws made by bodies subordinate to parliament. These laws may be regulations/rules (q.v.), local laws (q.v.) or Orders-in-Council. See regulations/rules; local laws; Orders-in-Council.
delegation“ƒAllowing lower ranking ofï¬cials to make decisions on behalf of the person responsible by law for making the decision. Also, to delegate.
deportation“ƒExpulsion from a country of a resident non-citizen who has committed a serious crime or is considered a threat to national security.
determination“ƒA judicial decision. Also, the termination, ending or cessation of an estate.
dictation“ƒSituation where a decision making body improperly allows itself to be directed by another person or body when making a decision.
directions hearing“ƒA hearing held before the full hearing so that the court or tribunal can give directions to the parties about the law, admissibility of evidence or questions of face and how the action should proceed.
disbursement“ƒMoney 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.
discharge“ƒTo fulï¬l or be released from an obligation. A debt (q.v.) is discharged when it is paid.
disclosure“ƒGiving particular information to another party (q.v.) as required by a contract (q.v.) or legal process.
discoverable date“ƒThe ï¬rst day it is, or should have been, known that death or personal injury has occurred, that it was caused by the fault of the defendant, and that the injury was serious enough to justify bringing an action for damages (q.v.).
discovery“ƒA procedure by which documents relevant to a civil (q.v.) action are exchanged between the parties before the case comes on for hearing.
discretion“ƒPower to choose whether to do or not to do a certain thing, e.g. investigate a complaint.
distrain“ƒTo seize property or goods belonging to a debtor (q.v.) to enforce payment of the debt (q.v.). A court order must be given before distraint can be undertaken by the Sheriff.
divisible property“ƒProperty that can be taken by the trustee of a bankrupt (q.v.) to pay off debts (q.v.). It would include a house or a car but not furniture or household items. See protected property.
divorce“ƒThe bringing of a marriage to an end. A marriage is legally divorced when a court issues a decree absolute (q.v.) where there has been an irretrievable breakdown of the marriage. See decree absolute; decree nisi; marriage.
doctrine“ƒA 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; precedent.
doctrine of precedent“ƒSee precedent.
domestic relationship“ƒA relationship where two people, of the same or opposite sex, are not married but are living or have lived together as a couple.
domicile“ƒThe place where a person has their legal home ““ therefore, the place that determines the legal system relevant to that person.
double jeopardy“ƒA situation in which a person may be tried twice for the same offence (q.v.). There must be fresh and compelling evidence to warrant a retrial of a previously convicted or acquitted person. See convict; acquit.
duress“ƒUndue pressure placed on a person to force them to do something or refrain from doing something.
duty lawyer“ƒA lawyer at the court who provides free legal assistance to people appearing in court on criminal charges who have not yet had legal advice.
duty of care“ƒThe obligation of a person to exercise reasonable care in the conduct of an activity. Breach of a duty of care that causes damage or loss to another may give rise to an action in tort (q.v.).
encumbrance“ƒA charge (q.v.) or liability, e.g. a mortgage. An encumbrance operates to limit the right of a person to deal with an item as they wish without also paying attention to the terms of the encumbrance.
endorse“ƒTo write on the back of a document to indicate its authenticity or ownership.
enduring power“ƒA power of attorney (q.v.) or guardianship that continues to have effect even if the donor ceases to be mentally competent. See guardian; power of attorney.
enforce“ƒTo make people obey a law or the terms of an agreement, etc. Also, enforceability.
entrapment“ƒAction of a law enforcement ofï¬cer that induces someone to commit an offence (q.v.) that they would not otherwise have committed.
EPA Victoria“ƒEnvironment Protection Authority Victoria.
equitable estoppel“ƒA type of estoppel (q.v.) that bars a person from adopting a position in court that contradicts their past statements or actions when that contradictory stance would be unfair to another person who relied on the original position.
equity“ƒFairness. A system of legal rules developed by the Lord Chancellor and special courts in England to make the common law (q.v.) fairer. Also, a ï¬nancial interest in property or goods.
estoppel“ƒA legal rule of evidence that prevents or stops a person from denying what they have previously said or done.
eviction“ƒThe action of recovering land or property from an occupier or tenant by legal proceedings. The court would be asked to issue an ejectment order to remove the person.
evidence“ƒAnything the supports or disproves the truth or existence of a fact. Evidence can be oral, documentary or real (objects or things).
ex-nuptial“ƒOut of marriage; illegitimate. Used to describe a child born of the couple.
excess“ƒAmount of money the insured person has to pay towards the cost of settling a claim under the insurance contract (q.v.).
exclusion clause“ƒA clause in a contract (q.v.) that attempts to exclude, vary or avoid liability (q.v.).
executor“ƒThe 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.
exhibit“ƒA document or thing shown to a witness (q.v.) when giving evidence (q.v.), produced for inspection to the court or referred to in an afï¬davit (q.v.).
express warranty“ƒAn undertaking or statement made when offering goods for sale that would naturally encourage people to buy the goods. Breach of an express warranty can give rise to a right to sue for damages (q.v.) only.
expulsion“ƒPermanent exclusion of a student from a school; compare: suspension (q.v.). Also, used to describe the deportation (q.v.) of a person from a country.
extradition“ƒThe process used when a person in one state or country has committed a crime in another state or country, and is to be taken into custody and sent for trial to the place where the offence (q.v.) allegedly occurred (verb: to extradite).
fair dealing“ƒLegitimate use or reproduction of part or all of copyright (q.v.) material by someone other than the copyright owner, for deï¬ned purposes.
false imprisonment“ƒConï¬nement of a person without legal permission.
family violence intervention order“ƒCourt order under Family Violence Protection Act 2008 (Vic) restraining a person from harmful or annoying conduct against a family member.
ï¬at“ƒConsent (q.v.) by the Attorney-General to start proceedings on behalf of someone else for review of an administrative act (q.v.).
FOI“ƒOnline Victorian Government freedom of information website.
forensic procedure“ƒExamination of a crime scene or the body of a person suspected of having committed an offence (q.v.), with the taking of certain body samples. Samples may also be taken in a civil action (q.v.) for paternity reasons.
fraud“ƒIntentionally dishonest act, or lack of action, done to deceive someone and intended to bring some advantage over those who have been defrauded.
freedom of association“ƒThe right to belong, or not belong, to an industrial association, such as a trade union, or other group, such as a religion.
freedom of information“ƒThe right of any person to have access to documents held by government agencies, except those exempted by legislation (q.v.).
gazumped“ƒAccepting a higher offer on a property after having agreed on a purchase price with another buyer.
general damages“ƒDamages (q.v.) paid for expenses that are difï¬cult to accurately assess. They include payments for pain and suffering, loss of enjoyment of life, loss of future income, embarrassment and discomfort. See damages; special damages.
grievance procedure“ƒA deï¬ned process for attempting to settle employment disputes within an organisation.
guardian“ƒA person who has the right and duty to protect another person, their property and rights. A plenary guardian has all the powers of a parent.
habeas corpus“ƒTo have the body. A prerogative writ (q.v.) directed to a person who holds someone in custody commanding them to produce that person before a court.
hand-up brief“ƒDocuments tendered by the prosecution in a committal hearing containing the charges and a summary of evidence (q.v.) on which the prosecution proposes to rely.
hospital order“ƒA court order, known as a hospital security order, by way of sentence, that a person be admitted to a mental hospital as an involuntary patient (q.v.).
identiï¬cation material“ƒMaterial such as ï¬ngerprints, voice recordings, handwriting samples or photographs collected by police to help identify a person suspected of committing an offence (q.v.).
identiï¬cation parade“ƒA police “line up” held so a witness (q.v.) to an offence (q.v.) can try to identify a suspect among other people of similar appearance.
implied terms“ƒTerms set out in legislation (q.v.) that are automatically part of a contract (q.v.), without having to be stated in the contract document.
in lieu“ƒIn place of. So, time in lieu ““ agreement to allow time off instead of payment for overtime worked.
inadmissible“ƒNot allowed, i.e. not able to be used as evidence (q.v.) in a court action.
incorporated association“ƒA not-for-proï¬t community organisation with a separate legal identity and a structure regulated by legislation (q.v.).
incorporated documents“ƒDocuments added to and considered part of planning schemes that regulate land use and development in a local area or municipality.
indemnity“ƒCompensation for a wrong done, or an expense or loss suffered as a result of the act or default of another. Verb: indemnify.
ITP (Independent Third Person)“ƒAn impartial person required to support and assist a person with an intellectual disability, mental illness, brain injury or dementia during questioning by police.
indictable charge“ƒAn accusation against a party (q.v.) who is suspected of having committed a serious crime that is generally tried before a judge and jury (q.v.). Examples include burglary or theft.
indictable offence“ƒA serious crime that is generally triable before a judge and jury (q.v.).
indictment“ƒThe document that lists the accused’s name, the charges against the accused and the particulars of the offence (q.v.) relating to each in County or Supreme Court proceedings. Criminal proceedings commence upon its ï¬ling with the court.
industrial disease“ƒA disease linked to a particular industry or to doing a particular type of work.
infant“ƒThe legal term for a person under 18, used particularly in family law, criminal law and civil actions (q.v.).
informant“ƒGenerally someone who tells. A person who lays an information, i.e. a criminal charge (q.v.). Usually a police ofï¬cer.
informed consent“ƒAgreement given for something to be done, after the procedure has been fully explained so that the person understands the procedure and their right to agree or refuse. See consent.
infringement notice“ƒNotice showing that an offence (q.v.), usually a driving offence, has been committed and the penalty to be paid. Can also be referred to as an “on-the-spot-ï¬ne”.
injunction“ƒA court order that 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 indeï¬nitely).
insolvent“ƒUnable to pay debts (q.v.) in full.
instalment order“ƒA court order allowing or requiring a debtor (q.v.) to pay a judgment debt (q.v.) by regular speciï¬ed payments.
ICO (intensive correction order)“ƒA non-custodial sentence (q.v.) with very strict conditions attached.
interested witness“ƒA witness (q.v.) to a will who, or whose spouse is given property or power under the terms of the will.
interim order“ƒA temporary court order allowing or preventing certain action, until a full hearing can make a decision on the matter and a ï¬nal order is given.
interpleader summons“ƒAn action by which a person who claims a right to property can bring the question before a court to determine ownership.
interrogation“ƒThe asking of questions. In criminal cases, the questioning of suspects by police. In civil proceedings, the pre-hearing process, by which a party (q.v.) asks the other party a series of written questions, interrogatories, that are then required to be answered on oath.
intervention order“ƒCourt order restraining a person from harmful or annoying conduct.
intestate“ƒOne who dies without leaving a valid will. The deceased’s property is distributed to the nearest relatives in an order set by law.
invalid“ƒNot valid (q.v.); without legal effect.
involuntary patient“ƒA patient admitted to a mental hospital on a doctor’s recommendation and without the patient’s consent (q.v.).
irreconcilable difference“ƒSerious long-term disagreement between parties that cannot be overcome.
joint tenants“ƒPersons who own land in an undivided share in common; on the death of one owner their interest passes to the surviving owner(s), and cannot be disposed of by will or deed (q.v.), unlike tenants in common (q.v.).
judgment debt“ƒThe amount awarded to be paid under a court order.
judicial review“ƒReview by a court of an administrative act (q.v.) on the basis of fault in the decision-making process. Compare: review on the merits.
jurisdiction“ƒThe authority of a court to decide matters brought before it; the geographical limit within which a court order can be enforced.
juror“ƒA member of a jury (q.v.).
jury“ƒA panel of people selected from the general public to decide the guilt or innocence of people tried in criminal cases, or questions of fact and the amount to be awarded as damages (q.v.) in civil cases.
knowingly concerned“ƒConsciously and deliberately involved in committing an offence (q.v.).
lawyer-client costs“ƒThose costs that a lawyer can rightly charge their client. These would include fees, disbursements, postage and stamp duty.
lease“ƒA document of agreement between a landlord and a tenant, for rental of premises.
legally binding“ƒAble to be enforced by law.
legatee“ƒA person to whom property is bequeathed (q.v.) in a will.
legislation“ƒStatutory rules made either by parliaments or delegated bodies. See delegated legislation; statute.
lessee“ƒA person to whom property is leased.
lessor“ƒA person who leases property to another.
letter of demand“ƒA notice from a creditor that legal action will be taken if a debt (q.v.) is not paid.
letters of administration“ƒThe document by which a person is empowered to manage the estate of a deceased who left no valid will.
liability“ƒTo be responsible for something or to owe something to another under a legal responsibility, e.g. for breaking a contract (q.v.), committing a crime. It may be civil (q.v.) or criminal, and is enforced by civil or criminal courts.
libel“ƒAny defamatory written, drawn, painted or other permanent form of communication that has been published. See defamation; slander.
lien“ƒThe right to hold a person’s property as security for the performance of an obligation e.g. the payment of money owing.
linked credit provider“ƒA credit provider that has an arrangement with a supplier of goods that people wanting to borrow money to buy those goods will be directed to that credit provider.
litigation“ƒCourt proceedings in civil matters (q.v.). A litigant is one of the opposing parties (q.v.) in a civil proceeding.
litigation guardian“ƒAn adult through whom a person under 18 or a person with an intellectual disability can act in court, and who is liable for the costs (q.v.) of such action if unsuccessful. See McKenzie Friend; next friend.
local laws“ƒLaws made and enforced by municipal councils within their boundaries. Previously called by-laws (q.v.). See delegated legislation.
long stop limitation period“ƒIn personal injury cases, a period of 12 years, from the date of the act or omission that caused death or injury,within which court proceedings for damages (q.v.) must be issued.
malice“ƒA desire to cause harm to someone intentionally, particularly in relation to an action for defamation (q.v.).
mandamus“ƒA form of writ to commence an action for review of an administrative decision, such as a failure to perform a duty, in the Supreme Court.
mandatory“ƒHaving 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 (q.v.).
marriage“ƒThe union of a man and a woman to the exclusion of all others, voluntarily entered into for life. See divorce.
material“ƒRelevant or important; information that may inï¬‚uence a decision.
material form Any form of storage from which a copyright (q.v.) work can be reproduced.
McKenzie Friend“ƒThe general term used to describe a person who sits with and assists a party in court proceedings if they do not have any legal representation and the court agrees. They assist by taking notes and offering quiet advice. See litigation guardian; next friend.
means test“ƒAssessment of income and assets to see if a person qualiï¬es for ï¬nancial assistance.
mediation“ƒForm of dispute resolution where an impartial third party (q.v.) helps communication and negotiations (q.v.) between the parties, but does not decide the dispute. Compare: arbitration (q.v.); conciliation (q.v.)
mens rea“ƒThe state of mind required to constitute a particular crime; the mental element of an offence. Generally, every crime requires a mental element, which varies depending upon the nature of the crime. There may be more than one mental element of an offence and it may include intentions, recklessness, negligence, dishonesty, or malice.
mention date“ƒIn Magistrates’ Court criminal matters, the ï¬rst day on which a matter is listed at court. A case can only be heard on the mention day if it is a plea of guilty.
merchantable quality“ƒReasonable quality, being in a good enough condition to be sold.
misleading and deceptive conduct“ƒGenerally, an action or behaviour that leads another person into error, or that is unfair.
misrepresentation“ƒMaking a false statement, either deliberately or unintentionally, to induce someone to do something they would otherwise not have done, e.g. buy something.
mitigation“ƒCircumstances that go towards reducing the damages (q.v.) or punishment that the court may order against a defendant or prisoner.
moral rights“ƒThe rights of the creator, not the owner, of an artistic, dramatic or literary work or ï¬lm to have their authorship acknowledged and to protect the integrity of the work or ï¬lm.
mortgage“ƒA 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 (q.v.) who makes it is the mortgagor.
native title“ƒA 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.
natural justice“ƒThe rules and procedures against bias to be followed by a person or body with the power to settle disputes. Some rules of natural justice are to act fairly, without bias, and the right of all parties to be heard. See administrative law.
necessaries“ƒThe basic requirements for a reasonable lifestyle given a persons station in life and speciï¬c requirements at the time of purchase, e.g. food, clothes, housing, etc.
negligence“ƒA tort (q.v.) involving the breach of a duty of care (q.v.) resulting in loss or damage to another person.
negotiation“ƒA dispute resolution procedure where both parties discuss the matter in dispute with one another with the aim of reaching a settlement through a consensus, compromise or agreement. See conciliation; mediation.
next friend“ƒAny person who sues for, and on behalf of, another person. Typically this would be a parent acting for their child. See litigation guardian; McKenzie Friend.
nominal damages“ƒDamages (q.v.) of a small amount ordered where a right has been affected but no damage done.
nominee“ƒA person acting as a buyer on behalf of someone else.
non-custodial sentence“ƒA sentence for a criminal offence (q.v.) that does not involve imprisonment. The person would normally be sentenced to a form of rehabilitation. See custodial sentence/non-parole period. The minimum term a prisoner must serve before being eligible for parole (q.v.).
notice of defence“ƒIn civil proceedings, written notice that a defendant is required to give within a certain time stating that they intend to defend the action or cross-examine witnesses (q.v.).
nuisance“ƒAny inconvenience that interferes with normal physical human comfort. A nuisance may be either a private nuisance (q.v.) or public nuisance (q.v.).
oath“ƒA pledge that statements made are true, which is made with one’s hand on the bible, the New Testament, the Old Testament or another relevant religious text, such as the Koran. Witnesses (q.v.) in court are required to take an oath or make an afï¬rmation (q.v.), if they do not want to swear on a religious text, before giving evidence (q.v.).
obiter dictum“ƒAn opinion voiced by a Judge that has only incidental bearing on the case in question and is therefore not binding. Latin deï¬nition: said in passing.
offence“ƒA summary (minor) or indictable (serious) crime prohibited by state or commonwealth criminal law.
offender“ƒA person who commits an offence (q.v.).
ombudsman“ƒA public ofï¬cial appointed to investigate citizens’ complaints against the administrative agencies of government, or against members of a particular profession.
onus of proof“ƒThe responsibility for proving allegations are true. Usually it is the Crown in criminal cases and the plaintiff in civil cases who hears the responsibility of proving there version of the law and facts to the required standard of proof before they can win the case.
order to review“ƒAn appeal (q.v.) to a higher court if it is believed an error in law has been made.
Orders-in-Council“ƒLaws made by the Governor-in-Council, or at the federal level, by the Governor-General-in-Council. They are made under the authority of relevant Acts of Parliament and may also be known as regulations. See delegated legislation.
own motion“ƒDecision by a body to take action, e.g. to start an investigation, without a complaint having been made.
paramount“ƒMost important. An act of paramount force is one that cannot be made subject to another for its operation. See paramountcy principle.
paramountcy principle“ƒA shorthand expression for the rule in the Family Law Act 1975 (Cwlth.) that when the court makes certain decisions relating to a child, the best interests of the child must be regarded as the paramount consideration.
parenting orders“ƒCourt orders made in relation to care of children, where agreement cannot be reached on a Parenting Plan (q.v.), and covering aspects such as residence, contact, maintenance and other issues.
Parenting Plan“ƒAfter a divorce where children of the couple are involved, a written agreement between the parties detailing the parenting arrangements for the children.
parole“ƒTo free a prisoner on their own recognisance (q.v.) after serving a minimum term.
party/parties“ƒA person or organisation that participate in civil or criminal proceedings.
party”“party costs“ƒThe costs (q.v.) of a court action that a court can order to be paid by one party (q.v.) to the other party. See lawyer-client costs.
pecuniary“ƒInvolving money. So, pecuniary loss ““ loss of an amount of money; pecuniary penalty ““ ï¬ne; pecuniary interest ““ ï¬nancial interest in property.
perjury“ƒLying 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.
permanent care order“ƒA court order that a person who is not a child’s parent have long-term care and responsibility for the child.
perpetrator“ƒPerson who committed the offence (q.v.).
perpetual succession“ƒOwnership of property remains with a group or organisation as a whole, not individual members of the group.
person responsible“ƒThe 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.).
petition for bankruptcy“ƒFormal action by either a debtor (q.v.) or a creditor (q.v.) to ï¬le for bankruptcy (q.v.).
plaintiff“ƒPerson who initiates legal proceedings against another in a civil dispute. See complainant.
police brief“ƒThe evidence (q.v.) the police prosecutor relies on to prove the guilt of a person charged with a criminal offence (q.v.).
portability“ƒRight to carry the beneï¬ts of e.g. a pension, entitlement or protection order from one state, country or workplace to another.
power of attorney“ƒA 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.
pre-hearing conference“ƒAn informal, compulsory and conï¬dential conference between the parties in a court action to try to reach a settlement or clarify any matters in dispute before the full hearing.
pre-sentence report“ƒA report, usually prepared by the Department of Human Services, for the court to consider before sentencing a young person.
precedent“ƒThe doctrine by which courts are obliged to follow past decisions when hearing similar later cases. The precedent comes from the reasoning given by judges when delivering the decision in a case.
preliminary examination/hearing“ƒSee committal proceedings.
prerogative writ“ƒA writ issued by a higher court, such as the Supreme Court, to prevent lower courts and ofï¬cials from exceeding their powers or to compel them to exercise their functions. e.g. habeas corpus (q.v.), mandamus (q.v.), certiorari (q.v.).
prescribed owners corporation“ƒA prescribed owners corporation is an owners corporation that levies annual fees in excess of $200,000 in a ï¬nancial year; or an owners corporation that comprises more than 100 lots including any accessory lots such as a car park or storage area.
prima facie“ƒAt ï¬rst sight or on the face of it.
prima facie case“ƒA serious, opposed to a speculative, case which has a real possibility of ultimate success.
prima facie evidence“ƒThe sufï¬ciency of evidence upon which a person could be convicted of an offence or taking the evidence of the prosecution at its highest; evidence which is capable of proving the elements of the offence beyond reasonable doubt.
primary victim“ƒA person who is injured or dies as a direct result of an act of violence.
private nuisance“ƒA nuisance (q.v.) that you cause that interferes with a right of your neighbours.
private ruling“ƒAn opinion given by the Australian Taxation Ofï¬ce to an individual taxpayer that is binding on the ATO with regard to that taxpayer.
privative clause“ƒA provision in a statute (q.v.) that seeks to prevent judicial review (q.v.) of decisions made under that statute.
probate“ƒThe 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.
probation“ƒA non-custodial sentencing order (q.v.) that involves good behaviour and supervision by a probation ofï¬cer under deï¬ned reporting conditions for a speciï¬ed period.
procure“ƒTo encourage or persuade someone to commit an offence (q.v.).
professional indemnity insurance“ƒInsurance that provides cover for a person against claims for negligence arising out of the performance of their professional duties.
prohibited name“ƒA name that cannot be registered because it is obscene or offensive, impracticable or against the public interest.
prohibition“ƒAn order to stop decision-making proceedings in a lower court or tribunal.
prohibition notice“ƒA notice banning a workplace activity that may risk safety or health of any person.
prosecution“ƒThe party (q.v.) presenting evidence (q.v.) against the person accused of committing a crime.
protected property“ƒProperty that cannot be seized for later sale in order to pay a debt (q.v.) that is owing. It would include furniture, tools of trade and household appliances. See divisible property.
protection application“ƒAn application to a court by the Department of Human Services for intervention to protect the welfare of a child; may involve removal of the child from the family.
protection order“ƒA court order resulting from a protection application (q.v.) with various options for supervised care of a child.
provable debt“ƒA debt (q.v.) that must be accepted for proportional payment from available funds by the trustee of a bankrupt (q.v.), and from which the bankrupt is released on discharge from bankruptcy (q.v.).
proxy“ƒA person authorised to represent or act for another, or the use of such a person, e.g. voted by proxy.
prudential“ƒOf careful business management.
psychosurgery“ƒBrain surgery used as a way of treating mental disorders.
public nuisance“ƒA nuisance (q.v.) that interferes with a public right to do something.
public ofï¬cer“ƒPerson appointed to act on behalf of an incorporated association in any public dealings.
pursuant to“ƒAccording to, as directed by an Act or Regulation.
qualiï¬ed privilege“ƒLimited protection against an action for defamation (q.v.) except where the person revealing the information did so out of malice (q.v.).
quantum“ƒThe amount of money or compensation awarded as damages (q.v.).
quo warranto“ƒBy what authority; a prerogative writ (q.v.) to remedy improper use of public ofï¬ce. Today the Administrative Appeals Tribunal, or an appeal to the Ombudsman (q.v.), would be the most likely avenue to use to have the authority of the decision-making body reviewed.
quorum“ƒThe number of members of a body (e.g. a committee) required to be present to transact business legally.
real property“ƒLand or other real estate.
rebuttable“ƒCapable of being proved wrong in court.
recognisance“ƒA bond (q.v.) the object of which is to secure the performance of an act by the person bound by it, e.g. to be of good behaviour.
referral authority“ƒAn authority or government department to which a planning permit must be referred for advice before it is granted.
regulations/rules“ƒLaws made by government departments and statutory bodies under authority granted by a relevant Act of Parliament. See delegated legislation.
related victim“ƒA 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.
remand in custody“ƒOrder that a person who is charged with an offence (q.v.) be detained or imprisoned until the charge is heard by a court.
remission“ƒFor prisoners ““ a reduction in the time to be served on a sentence of imprisonment.
renewable insurance policy“ƒInsurance provided for a particular period of time, of a kind that is usual to renew at the end of that period of time.
repairer’s lien“ƒThe right of a repairer to hold repaired goods, e.g. a car, as security for payment.
repeal“ƒTo abrogate (q.v.) or cancel legislation (q.v.) or a regulation (q.v.).
repossession“ƒThe taking possession of goods by a creditor from a debtor (q.v.) who has breached a term of a credit contract (q.v.).
represented person“ƒA person whose ï¬nancial affairs are controlled by an administrator such as for a “publicly represented person”, the State Trustees).
rescinded“ƒRevoked or cancelled.
rescission“ƒA revocation or stopping action, particularly of a contract (q.v.). Rescission is only allowed where restitution (q.v.) is possible(verb: to rescind).
residence order“ƒA parenting order (q.v.) stating with whom (usually which parent) a child is to live following separation or divorce.
respondent“ƒA person against whom a summons has been issued or an appeal (q.v.) brought.
responsible authority“ƒThe body that has the power to grant or refuse permits, often a local council.
restitution“ƒGiving back what has been provided under a contract (q.v.), stolen, or seized to pay a debt (q.v.).
restraining order“ƒIn family law, an order preventing a speciï¬ed person from harassing or molesting the person applying for the order.
restraint of trade“ƒA commercial arrangement that prevents a business from freely buying or selling goods or services.
RCTO (restricted community treatment order)“ƒIf treatment can be safely obtained in the community, patients on hospital orders can be put on a RCTO under section 15A of the MHA, which provides for release into the community on certain conditions.
retrospective“ƒApplying to circumstances existing before the date on which a law came into effect.
review on the merits“ƒA review, or rehearing, of a case in order to determine whether it was the correct decision to have been made on the basis of the facts presented.
revocation“ƒCancelling the effect of a previous act, e.g. an earlier will.
sanction“ƒA penalty or punishment imposed on someone found guilty of an offence (q.v.).
secondary victim“ƒA 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.).
secured creditor“ƒA creditor (q.v.) who holds a mortgage, charge (q.v.) or lien (q.v.) on the property of the debtor (q.v.).
security interest“ƒAn interest in or power over goods to secure payment of a debt (q.v.) or obligation.
self-incrimination“ƒThe privilege against self-incrimination means the right, with certain limitations, not to do or say anything that might later be used as evidence (q.v.) against you.
self-representation“ƒPresenting your own case in court without a lawyer being there to assist you.
sentencing order“ƒA court order imposing a sentence of imprisonment on a guilty accused in a criminal case. See non-custodial sentence.
sequestration order“ƒAn order that property be seized to satisfy a debt (q.v.).
serious indictable offence“ƒAn indictable offence (q.v.) for which the penalty is imprisonment for ï¬ve years or more, or life imprisonment.
serious injury“ƒIn relation to transport injuries, a serious long-term impairment, disï¬gurement or loss of a body function, or severe long-term mental or behavioural disturbance, or loss of a foetus.
servitude“ƒ1. Being completely under the control of another, such as sexual servitude (slavery). 2. A nuisance (q.v.) that concerns a right over another person’s property, e.g. an easement. The owner of the easement may prohibit the owner of the land from building a fence or may claim a right to use the land as a thoroughfare.
sheriff“ƒAn ofï¬cer of the court responsible primarily for enforcement of court orders.
sine die“ƒTo adjourn (q.v.), put off, postpone or suspend a court hearing to a later speciï¬ed date. Can also be referred to as “stand down”, “stand over” or “postpone”.
show cause“ƒA reversed onus of proof (q.v.) that applies to applications for bail (q.v.) for some drug offences (q.v.).
slander“ƒDefamation (q.v.) that consists of spoken words or actions. See defamation; libel.
solvent“ƒAbility to pay all debts (q.v.) when they are due.
special damages“ƒDamages (q.v.) paid for expenses that are easy to determine and assess precisely. These damages (q.v.) would include payments for out-of-pocket expenses, e.g. medical costs, lost wages, rehabilitation costs. See damages; general damages.
specific performance”ƒDoing exactly what is stated in the terms of a contract (q.v.).
spent conviction“ƒA conviction for a minor criminal offence (q.v.), that after a certain time without re-offending, is considered to no longer exist.
stale (q.v.)“ƒA complaint that cannot be pursued because the complainant (q.v.) has delayed too long in taking action on a grievance.
stamp duty“ƒA state tax on transfers of ownership of assets or property, or on leases.
standard of proof“ƒThe required level to which something must be proved in court. In criminal matters, the standard is “beyond reasonable doubt” (q.v.); in civil matters (q.v.), on the “balance of probabilities” (q.v.)
stand down“ƒSee adjourn; sine die.
stand over“ƒSee adjourn; sine die.
standing“ƒThe right to take action in court or to be heard or represented in a case.
status quo“ƒThe existing situation.
statute“ƒA law made by Parliament, either state or Commonwealth. May also be known as an Act.
statute barred debts“ƒDebts (q.v.) for which the right to take action to recover payment is limited to a speciï¬ed period, after which such action will not succeed in court.
statutory“ƒA law developed by parliament or delegated bodies in the form of an act, regulations (q.v.) or local laws (q.v.). It must be followed otherwise the relevant penalty may apply for any breach of the law.
statutory declaration“ƒA written statement of facts that the person making it signs and solemnly declares to be true before a person authorised to take declarations.
statutory defence“ƒA ground for defence included in a particular law that, if argued successfully, would prevent a person from being found guilty of an offence (q.v.) under the law.
subpoena“ƒA writ that commands the appearance of a person or the production of speciï¬ed documents in a court.
substantiation“ƒProviding evidence (q.v.) to prove that an event took place, e.g. an expense was incurred.
sue“ƒTo take legal action in a civil case.
sufï¬ciently interested party“ƒA person or company, not a party (q.v.) to a contract (q.v.), that has been involved in a transaction giving rise to a claim under the contract and can be named as a party to the claim.
summary offence“ƒA minor offence (q.v.) heard and decided in a Magistrates’ Court and not sent for trial before a judge and jury (q.v.).
summons“ƒA document that is issued by the court requiring the attendance of the person named in the summons at court on a speciï¬ed date.
supervision order“ƒAn order that the Children’s Court may impose where a young person is found to be in need of care and attention. A probation ofï¬cer is appointed to supervise the young person. In addition, the court can impose conditions to be observed by the young person’s parents or persons with whom the young person is living. Also, a supervision order requires a person arguing substantial mental impairment in a serious criminal case to be admitted to a mental institution.
surety“ƒA person who binds themself to be answerable for another by paying an amount of money to the court. If there is a default, the surety will be liable and any money paid will be forfeited. The person who pays the money is also referred to as the surety or guarantor.
suspended sentence“ƒA sentence of imprisonment that is only served if the convicted person commits further offences (q.v.). May be partially or wholly suspended, or a combined custody and treatment order (q.v.).
suspension“ƒExclusion of a student from school for a speciï¬ed period as a disciplinary measure; less severe punishment than expulsion (q.v.).
sworn evidence“ƒEvidence (q.v.) given under oath (q.v.) or afï¬rmation (q.v.).
taxable form“ƒRefers to a lawyer’s bill of costs (q.v.) that shows details of all the lawyer’s charges.
tenancy“ƒThe relation between a landlord and a tenant for rented premises. See lease.
tenants in common“ƒForm 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 with joint tenants (q.v.).
tender“ƒAn offer by someone who owes money to pay the debt (q.v.), or part of it, to the person it is owed to. Also, a tender can be a quote submitted offering to construct a building or undertake renovations for a given price.
terms of reference“ƒThe preset terms under which an inquiry is conducted or a decision is made.
testamentary capacity“ƒThe legal and mental ability to draw up a valid will. The mental capacity to understand about property rights and family responsibilities is an important aspect of capacity in this regard.
testator“ƒA person who makes a will. A female testator is sometimes called a testatrix.
therapeutic privilege“ƒRight of doctors and other health professionals, in some circumstances, not to give a patient information that they believe might cause harm to the patient.
third party objector“ƒA person appealing against a decision to grant approval for developments that may produce discharge harmful to the environment.
tort“ƒA civil (q.v.) wrong; an act that causes harm, intentionally or otherwise, for which the remedy is an action for unliquidated (q.v.) damages (q.v.) or an injunction (q.v.)
trafï¬cking“ƒIn common law (q.v.), movement from source to end user in the course of trade. In criminal law the act of dealing with something illegal, such as humans. Also, drug trafï¬cking has a much wider deï¬nition. See servitude.
treatment order“ƒA court order that a person suffering from mental illness be sent to a psychiatric hospital for treatment instead of to prison after conviction for an offence (q.v.).
trespass“ƒWrongful entry onto or interference with property or with a person’s goods or property without the permission of the lawful owner or occupier.
tribunal“ƒA body set up to hear and decide disputes, usually with less formality and less strict rules of evidence (q.v.) than in a court proceeding.
trust“ƒItems held by one party known as the trustee for the beneï¬t of another party referred to as the beneï¬ciary. See trust account; trust deed.
trust account“ƒA special bank account where a lawyer deposits money held on behalf of other people, subject to strict accounting rules.
trust deed“ƒA document that sets out the rights and obligations of the trustee and beneï¬ciaries (q.v.) of a trust (q.v.).
unconscionable conduct“ƒAction that takes unfair advantage of another party (q.v.) that is under a special disability (q.v.) in a contract (q.v.) or transaction. See special disability or disadvantage.
undertake“ƒTo 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 (q.v.).
undue inï¬‚uence“ƒTaking unfair or improper advantage of the weakness of another party (q.v.) to make them agree to do or refrain from doing something without the beneï¬t of their free will.
unliquidated“ƒUndetermined, unascertained, e.g. when damages are left to a judge or jury (q.v.) to determine. Also, any debt (q.v.) that has not been paid or cleared by agreement.
valid“ƒLegally binding (q.v.) or effective.
vendor terms“ƒContract (q.v.) of sale of property where the seller allows the buyer to pay over a set period. Ownership remains with the seller until the ï¬nal payment is made.
vendor’s statement“ƒA document that must be provided to the buyer of a property by the seller that gives certain information about the property and matters affecting it. Can also be referred to as a section 32 statement.
vexatious“ƒLegal action that is unnecessary or undertaken only to cause trouble or inconvenience for the other party (q.v.).
victim impact statement“ƒA statement to the court by the victim of a crime setting out details of injury, loss or damage caused by the crime.
visa“ƒPermit that allows either temporary or permanent stay in a country.
VoIP (Voice Over Internet Protocols)“ƒA general term for a family of transmission technologies for delivery of voice communications over the Internet or other networks.
void“ƒOf no legal effect.
voidable“ƒAn agreement, or other act, that either of the parties is entitled to rescind and until that happens has full legal effect. There are certain restrictions on the view of what is, and is not, voidable that require advice from a lawyer. See rescission.
voluntary“ƒThat which is done by one’s own free will. See CTO (community treatment order); voluntary patient; hospital order.
voluntary patient“ƒA patient admitted to a mental with the patient’s consent (q.v.).
waive“ƒTo give up a legal right or claim usually for another beneï¬t or the beneï¬t of another.
warrant“ƒA document issued by a court directing an ofï¬cer 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 (q.v.); or a warrant of seizure and sale of real estate.
warranty“ƒA minor clause in a contract (q.v.), the remedy for breach of which is damages (q.v.) for any loss. Also, a promise to repair orreplace defective goods.
waste“ƒSomething that does lasting damage to land or alters the nature of the property.
witness“ƒA person who can provide direct information based on their own knowledge about a relevant fact in issue, and appears in court to do this or who provides a deposition setting out their evidence if they are not able to attend court.
writ“ƒA document in the monarch’s name and under the seal of the Crown that commands the person to whom it is addressed to do or refrain from doing some act.