Glossary

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.

Unlawful removal of a person (often a child) from their home environment.

The 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.).

Misuse or unjust use of court procedure, e.g. long delay in bringing an action may disadvantage a defendant.

An action of a debtor that shows an inability to pay their creditors (q.v.).

To suspend a court hearing to a future specified day or sine die (q.v.). Also: adjournment.

A sentencing order of a good behaviour bond (q.v.).

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.

The 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.

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.

The age at which a young person can legally enter into a sexual relationship.

Defence to a criminal charge on the grounds that the accused was somewhere other than the scene of a crime when that crime was committed.

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.

A sum of money payable yearly.

To put an end to, cancel, render void (q.v.) in law.

To remove a case to a higher court.

A person who appeals (q.v.) a decision of a court or tribunal.

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.

Income on which liability to pay income tax is calculated.

legal transfer of a right or an interest in property from the owner to another person.

Refuge or protection from persecution, usually in another country.

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

A court order that a deb­tor's employer pay an amount of the debtor's wages regularly to the creditor until the debt is paid off.

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.

A person who is not a judge or magistrate but who has authority to grant or refuse bail (q.v.), usually at a police station.

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.

A document which 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.

(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 obligation to prove what is alleged. In criminal cases, this obligation rests on the prosecution, which must prove its case beyond reasonable doubt. In civil cases, it rests on the plaintiff, who must prove his or her case on the balance of probabilities. Sometimes, however, this burden shifts, for example, where the defendant raises particular defences.

A statement signed by a debtor before entering a credit contract that the credit is for business, not domestic, purposes.

Former name of local laws (q.v.).

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

The law based on decisions made by judges in previous case. See: common law.

See common law.

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.

A form of writ (q.v.) by which actions for review of administrative decisions are commenced in the Supreme Court.

A person who appears in court to give a reference for an accused person.

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.

An arrest by any person who is not a police officer or who does not have a warrant (q.v.) to arrest.

Law which is not criminal or church law (usually the former), it may mean law based on the Roman system. Throughout this book, civil law means non-criminal law.

Outright ownership, without any debts or charges on the property.

A set of guidelines for fair practice developed for a specific industry or occupation. May be voluntary or statutory (q.v.).

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

Living together as a couple.

A separate contract which precedes or exists alongside the main one.

A sen­tence that is served partly in prison and partly in the community undergoing supervised drug treatment.

Where a Magistrates' Court hears evidence on an indictable charge (q.v.) and decides whether the accused should be sent for trial (also called a preliminary examination).

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).

Treatment of an involuntary patient (q.v.) by a medical practitioner in the community, not in a mental hospital.

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

A sentencing order, as an alternative to imprisonment, requiring a person to undertake unpaid or educational work under the supervision of the Office of Corrections.

A court order that a person found guilty of a criminal offence must pay for loss or damage of property caused by the offence.

Damages (q.v.) paid in a defamation action (q.v.) to make up for damage to a person's reputation. May be aggravated (q.v.).

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

Insurance that covers claims against the insured by other persons for damage to their property as well as covering the insured for damage to his or her own property.

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.

A condition which delays the coming into effect of a right (usually under a contract) until that condition is fulfilled.

Money which must be provided to a witness subpoenaed (q.v.) to court to cover the cost of travel to and from court.

A relationship where one party depends on or trusts the authority or professional independence of the other party.

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

A situation where a person's own interests, or a duty towards someone else, may affect the way they carry out a duty towards others.

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

A contract (q.v.) for hire of goods by a person for a specified period and rental.

A parenting order (q.v.) which states the kind and frequency of contact between a child and another person - usually the parent with whom the child is not living.

The failure to obey a court order or an act which shows a disregard for the authority of the court or judge. A person in contempt may face imprisonment.

A preliminary hearing in criminal cases where parties can try to reach agreement on some matters before the full hearing.

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

A defence in an action for damages 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.

A transfer of real property (q.v.).

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

The rights belonging to the owner or licensee of literary, artistic and dramatic works, films and sound recordings, to reproduce, perform or otherwise deal with these works.

Any physical punishment, usually one causing pain.

Independent evidence which supports the main evidence.

The 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.

An agreement creating an obligation contained in a deed (q.v.) or land title. A covenant may serve the same purpose as a bond (q.v.).

a document provided by an insurer as evidence of temporary insurance cover before a formal policy is issued.

Charges for which a consumer who enters into a credit contract will be liable in addition to the sum borrowed and any interest payable.

A contract (q.v.) for deferred payment of a debt owed by one person or organisation to another.

A person or company to whom a debt is owed.

Process by which a superior court can exercise the jurisdiction of another, e.g. between state supreme courts and federal courts.

An order for a period of imprisonment to be served in addition to a previous sentence. See: concurrent sentence.

See concurrent sentence.

A sentence of imprisonment.

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.

An arrangement for dealing with unpaid debts that is less formal and intrusive than bankruptcy (q.v.).

A person who owes a debt.

Divorce. See also: decree nisi and decree absolute.

See decree nisi.

See decree absolute.

An order that a marriage is not legally valid.

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.

Publication of false and derogatory statements about another person, without any justification recognised by law. See also: slander, libel.

See slander.

See libel.

To 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 which alleges the debtor/defendant has failed to pay money due and owing. The summons may be ordinary or special.

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

See: Regulations.

Allowing lower ranking officials to make decisions on behalf of the person responsible by law for making the decision. Also: to delegate.

Expulsion from a country of a resident non-citizen who has committed a serious crime or is considered a threat to national security.

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.

The first 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.

A procedure by which documents relevant to a civil (q.v.) action are exchanged between the parties before the case comes on for hearing.

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

To seize property or goods belonging to a debtor to enforce payment of the debt.

Property which can be taken by the trustee of a bankrupt (q.v.) to pay off debts.

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.

The place where a person has his or her legal home - therefore the place which determines the legal system relevant to that person.

A situation in which a person may be convicted twice for the same offence.

Undue pressure placed on a person to force him or her to do something.

A lawyer at the court who provides free legal assistance to people appearing in court on criminal charges who have not yet had legal advice.

The obligation of a person to exercise reasonable care in the conduct of an activity. Breach of a duty of care which causes damage or loss to another may give rise to an action in tort (q.v.).

The Accident Compensation (WorkCover Insurance) Act 1993 (Vic) (commenced 1 December 1992), which substantially amended the Accident Compensation Act 1985 (Vic).

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

To write on the back of a document.

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.

Action of a law enforcement officer which induces someone to commit an offence that they would not otherwise have committed.

Environment Protection Authority Victoria.

A type of estoppel (q.v.) that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position.

Fairness. 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 financial interest in property or goods.

The action of recovering land or property from an occupier or tenant by legal proceedings.

Out of marriage; illegitimate.

Amount of money the insured person has to pay towards the cost of settling a claim under the insurance contract.

A clause in a contract which attempts to exclude or avoid liability (q.v.).

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.

A document or thing shown to a witness when giving evidence, produced for inspection to the court or referred to in an affidavit (q.v.).

An undertaking or statement made when offering goods for sale which would naturally encourage people to buy the goods.

Permanent exclusion of a student from a school; compare: suspension (q.v.).

The 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 allegedly occurred (verb: to extradite).

legitimate use or reproduction of part or all of copyright (q.v.) material by someone other than the copyright owner, for defined purposes.

Confinement of a person without legal permission.

Court order under Family Violence Protection Act 2008 (Vic) restraining a person from harmful or annoying conduct against a family member.

Consent (by the Attorney-General) to start proceedings on behalf of someone else for review of an administrative act (q.v.).

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

Intentionally dishonest act (or lack of action) done to deceive someone.

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.

Accepting a higher offer on a property after having agreed on a purchase price with another buyer.

Damages (q.v.) paid for out-of-pocket expenses, e.g. medical costs, lost wages.

A defined process for attempting to settle employment disputes within an organisation.

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.

To have the body. A prerogative writ (q.v.) directed to a person who holds someone in custody commanding him or her to produce that person before a court.

Documents tendered by the prosecution in a committal hearing containing the charges and a summary of evidence on which the prosecution proposes to rely.

Where goods are sold with instalment payments required from the purchaser. No rights of ownership lie with the purchaser until the last payment due has been made.

A court order, either instead of or (hospital security order) by way of sentence, that a person be admitted to a mental hospital as an involuntary patient (q.v.).

Material such as finger­prints, voice recordings, handwriting samples or photographs collected by police to help identify a person suspected of committing an offence (q.v.).

A police "line up" held so a witness to an offence can try to identify a suspect among other people of similar appearance.

Terms set out in legislation (q.v.) that are automatically part of a contract, without having to be stated in the contract document.

A term, not stated in a contract but which must be fulfilled, that services and related goods will be fit for the purpose for which they are supplied.

In place of. So: time in lieu - agreement to allow time off instead of payment for overtime worked.

Not allowed, i.e. not able to be used as evidence in a court action.

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

Documents added to and considered part of planning schemes that regulate land use and development in a local area or municipality.

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.

See: presentment.

A disease linked to a particular industry or to doing a particular type of work.

The legal term for a person under 18, used particularly in family law and civil actions (q.v.).

A person who lays an information, i.e. a criminal charge (q.v.). Usually a police officer.

Agreement given for something to be done, after the procedure has been fully explained so that the person understands the procedure and his or her rights to agree or refuse.

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 court order allowing or requiring a debtor to pay a judgment debt (q.v.) by regular specified payments.

A non-custodial sent­ence (q.v.) with very strict conditions attached.

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

A temporary court order allowing or preventing certain action, until a full hearing can make a decision on the matter.

An action by which a person who claims a right to property can bring the question before a court to determine ownership.

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 restraining a person from harmful or annoying conduct.

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

Not valid (q.v.); without legal effect.

A patient admitted to a mental hospital on a doctor's recommendation and without the patient's consent.

Serious long-term disag­reement between parties that cannot be overcome.

The amount awarded to be paid under a court order.

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 member of a jury (q.v.).

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.

Consciously and deliber­ately involved in committing an offence.

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

Able to be enforced by law.

A person to whom property is bequeathed (q.v.) in a will.

A person to whom property is leased.

A person who leases property to another.

A notice from a creditor that legal action will be taken if a debt is not paid.

The document by which a person is empowered to manage the estate of a deceased who left no valid will.

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.

The publication of defamatory material in permanent form. See also: defamation, slander.

See defamation.

See slander.

The right to hold a person's property as security for the performance of an obligation (e.g. the payment of money owing).

A 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.

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

An 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 of such action if unsuccessful.

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

In personal injury cases, a period of 12 years, from the date of the act or omission which caused death or injury, within which court proceedings for damages must be issued.

A desire to cause harm to someone, partic­ularly in relation to an action for defamation (q.v.).

A form of writ to commence an action for review of an administrative decision (failure to perform a duty) in the Supreme Court.

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.

Relevant or important; information which may influence a decision.

any form of storage from which a copyright (q.v.) work can be reproduced.

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.).

In Magistrates Court criminal matters, the first 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.

Reasonable quality, being in a good enough condition to be sold.

Generally, an action or behaviour which leads another person into error, or which is unfair.

Making a false statement, either deliberately or unintentionally, to induce someone to do something they would otherwise not have done, e.g. buy something.

the rights of the creator (not the owner) of an artistic, dramatic or literary work or film to have their authorship acknowledged and to protect the integrity of the work or film.

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.

The basic requirements for a reasonable lifestyle, e.g. food, clothes, housing, etc.

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

The Accident Compensation (Miscellaneous Amendment) Act 1997 (Vic) came into operation in late 1997. It is especially relevant to injuries occuring on or after 12 November 1997. As with the previous amendments to workers compensation, it considerably affects people injured befroe the 12 November 1997 as well.

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

Damages of a small amount ordered where a right has been affected but no damage done.

A person acting as a buyer on behalf of someone else.

A sentence for a criminal offence (q.v.) which does not involve imprisonment.

The minimum term a prisoner must serve before being eligible for parole (q.v.).

In civil proceedings, written notice which a defendant is required to give within a certain time stating that he or she intends to defend the action or cross-examine witnesses.

A death that must be reported to the coroner because of unusual circumstances or because the cause of death cannot be certified.

Weekly wages currently earned or that the worker is considered capable of earning.

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 person who commits an offence.

A public official appointed to investigate citizens' complaints against the administrative agencies of government, or against members of a particular profession.

(Release on bail (q.v.)) without having to deposit money as a security for a later appearance in court.

An appeal to a higher court.

Decision by a body to take action, e.g. to start an investigation, without a complaint having been made.

Most important.

A shorthand expression for the rule in the Family Law Act 1975 that when the court makes certain decisions relating to a child, the best interests of the child must be regarded as the paramount consideration.

Court 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.

To free a prisoner on his or her own recognisances (q.v.) after serving a minimum term.

The costs (q.v.) of a court action which a court can order to be paid by one party (q.v.) to the other party. See: lawyer-client costs.

See lawyer-client costs.

Involving money. So: pecuniary loss - loss of an amount of money; pecuniary penalty - fine; pecuniary interest - financial interest (in property).

Under Victorian state law from 1 July 2009: 1 penalty unit (pu) equals $116.82, as published in the Victoria Government Gazette S132, 15 May 2009. Under Commonwealth law: 1 penalty unit equals $110.00, as per section 4AA of the Crimes Act 1914 (Cth).

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.

A court order that a person who is not a child's parent have long-term care and responsibility for the child.

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.).

Formal action by either a debtor or a creditor (q.v.) to file for bankruptcy (q.v.).

Person who initiates legal proceedings against another in a civil dispute (c.f. complainant).

The evidence the police prosecutor relies on to prove the guilt of a person charged with a criminal offence.

Right to carry the benefits of e.g. a pension, entitlement or protection order from one state, country or workplace to another.

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.

An informal conference between the parties in a court action to try to reach a settlement or clarify any matters in dispute before the full hearing.

A report, usually prepared by the Department of Human Services, for the court to consider before sentencing a young person.

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

A payment made by a bank­rupt (q.v.) to one creditor (q.v.) in preference to another creditor who has an equal claim.

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 prescribed owners corporation is an owners corporation that levies annual fees in excess of $200,000 in a financial year; or an owners corporation that comprises more than 100 lots including any accessory lots (car park or storage area).

The document listing the charges (q.v.) against an accused, filed with the court to commence criminal proceedings.

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

An opinion given by the Australian Taxation Office to an individual taxpayer and which is binding on the ATO with regard to that taxpayer.

A provision in a statute (q.v.) that seeks to prevent judicial review (q.v.) of decisions made under that statute.

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 non-custodial sentencing order (q.v.) that involves good behaviour and supervision by a probation officer under defined reporting conditions for a specified period.

To encourage or persuade someone to commit an offence.

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.

An 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.

A court order resulting from a protection application (q.v.) with various options for supervised care of a child.

A debt 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.

A person authorised to represent or act for another, or the use of such a person, e.g. voted by proxy.

Of careful business management.

Brain surgery used as a way of treating mental disorders.

Under Victorian state law from 1 July 2009: 1 penalty unit (pu) equals $116.82, as published in the Victoria Government Gazette S132, 15 May 2009. UnderCommonwealth law: 1 penalty unit equals $110.00, as per section 4AA of the Crimes Act 1914 (Cth).

Under Victorian state law from 1 July 2009: 1 penalty unit (pu) equals $116.82, as published in the Victoria Government Gazette S132, 15 May 2009. UnderCommonwealth law: 1 penalty unit equals $110.00, as per section 4AA of the Crimes Act 1914 (Cth).

Under Victorian state law from 1 July 2009: 1 penalty unit (pu) equals $116.82, as published in the Victoria Government Gazette S132, 15 May 2009. UnderCommonwealth law: 1 penalty unit equals $110.00, as per section 4AA of the Crimes Act 1914 (Cth).

A nuisance (q.v.) that interferes with a public right to do something.

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

According to, as directed by (an Act or Regulation).

Limited protection against an action for defamation (q.v.) except where the person revealing the information did so out of malice (q.v.).

The amount of money or compensation awarded as damages (q.v.).

By what authority; a prerogative writ (q.v.) to remedy improper use of public office.

The number of members of a body (e.g. a committee) required to be present to transact business legally.

Land or other real estate.

Capable of being proved wrong in court.

A 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.

An authority or government department to which a planning permit must be referred for advice before it is granted.

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.

For prisoners - a reduction in the time to be served on a sentence of imprisonment.

Insurance provided for a particular period of time, of a kind that is usual to renew at the end of that period of time.

The right of a repairer to hold repaired goods, e.g. a car, as security for payment.

To abrogate (q.v.) or cancel legislation (q.v.) or a regulation (q.v.).

The taking possession of goods by a creditor from a debtor who has breached a term of a credit contract.

A person whose financial affairs are controlled by an administrator (for a "publicly represented person", the State Trustees).

A revocation or stopping action, particularly of a contract. Rescission is only allowed where restitution (q.v.) is possible (verb: to rescind).

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

A person against whom a summons has been issued or an appeal brought.

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

Giving back what has been provided (under a contract), stolen, or seized to pay a debt.

In family law, an order preventing a specified person from harassing or molesting the person applying for the order.

A commercial arrangement that prevents a business from freely buying or selling goods or services.

Applying to circumstances existing before the date on which a law came into effect.

Cancelling the effect of a previous act, e.g. an earlier will.

A penalty or punishment imposed on someone found guilty of an offence.

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.).

A creditor (q.v.) who holds a mortgage, charge (q.v.) or lien (q.v.) on the property of the debtor.

An interest in or power over goods to secure payment of a debt or obligation.

The privilege against self-incrimination means the right (with certain limitations) not to do or say anything which might later be used as evidence against you.

Presenting your own case in court without a lawyer being there to assist you.

An order that property be seized to satisfy a debt.

An indictable offence (q.v.) for which the penalty is imprisonment for five years or more, or life imprisonment.

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.

An officer of the court responsible primarily for enforcement of court orders.

A reversed onus of proof (q.v.) which applies to applications for bail for some drug offences.

The publication of defamatory material in non-permanent form. See also: defamation, libel.

See defamation.

See libel.

Able to pay all debts when they are due.

Damages (q.v.) paid for pain and suffering, disfigurement or loss of earning capacity or enjoyment of life. Compare: general damages (q.v.).

A parenting order (q.v.) which sets out arrangements for aspects of parental responsibility not covered by other types of orders. See: child maintenance, residence, contact orders.

See child maintenance order.

See residence order.

See contact order.

Doing exactly what is stated in the terms of a contract.

A conviction for a minor criminal offence, which after a certain time without re-offending, is considered to no longer exist.

(A complaint) where the complainant has delayed too long in taking action on a grievance.

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).

Debts for which the right to take action to recover payment is limited to a specified period, after which such action will not succeed in court.

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

A ground for defence included in a particular law which would prevent a person from being found guilty of an offence under the law.

A writ which commands the appearance of a person or the production of specified documents in a court.

Providing evidence to prove that an event took place, e.g. an expense was incurred.

To take legal action.

A person or com­pany, not a party to a contract, 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.

A minor offence heard and decided in a Magistrates Court and not sent for trial before a judge and jury.

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 provision in an Act of Parliament that a particular provision of the Act or the Act itself will be repealed after a certain date unless further legislative action is taken to extend it.

An order which the Children's Court may impose where a young person is found to be in need of care and attention. A probation officer 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.

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

A sentence of imprisonment which is only served if the convicted person commits further offences. May be partially or wholly suspended, or a combined custody and treatment order (q.v.).

exclusion of a student from school for a specified period as a disciplinary measure; less severe punishment than expulsion (q.v.).

Evidence given under oath (q.v.).

Refers to a lawyer's bill of costs (q.v.) which shows details of all the lawyer's charges.

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.).

An offer by someone who owes money to pay the debt, or part of it, to the person it is owed to.

The preset terms under which an inquiry is conducted or a decision is made.

The ability to draw up a valid will, the mental capacity to understand about property rights and family responsibilities.

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

Right of doctors, in some circumstances, not to give a patient information that they believe might cause harm to the patient.

A person appealing against a decision to grant approval for developments which may produce discharge harmful to the environment.

A civil (q.v.) wrong, an act which causes harm, intentionally or otherwise, for which the remedy is an action for unliquidated (q.v.) damages.

In common law, movement from source to end user in the course of trade. Drug trafficking has a much wider definition.

A 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.

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.

A special bank account where a lawyer deposits money held on behalf of other people, subject to strict accounting rules.

A document which sets out the rights and obligations of the trustee and beneficiaries (q.v.) of a trust (q.v.).

Action that takes unfair advantage of another party that is under a special disability (q.v.) in a contract or transaction.

See special disability or disadvantage.

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.

Taking unfair or improper advantage of the weakness of another party to make them agree to something.

Undetermined, unascertained, e.g. when damages are left to a jury to determine.

Legally binding (q.v.) or effective.

Contract of sale of property where the seller allows the buyer to pay over a set period.

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.

(Legal action) that is unnecessary or undertaken only to cause trouble or inconvenience for the other party.

A statement to the court by the victim of a crime setting out details of injury, loss or damage caused by the crime.

Permit that allows either temporary or permanent stay in a country.

A general term for a family of transmission technologies for delivery of voice communications over the internet or other networks.

Of no legal effect.

An agreement (or other act) which either of the parties is entitled to rescind (see: rescission), and which 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.

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.

Person who makes a complaint about illegal or inappropriate actions of their employer.

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.