Binding over

Another course of action is to take out a complaint for a threatened breach of the peace. This action is made in a state Magistrates’ Court under section 126A of the Magistrates’ Court Act 1989 (Vic) (‘MC Act’). In such cases a woman, for example, must show that she is genuinely afraid that she will suffer bodily … Continued

warranty

A promise in a contract. For example, a promise by a manufacturer that goods will be repaired or replaced if they turn out to be faulty.

revocation

Cancellation of a previous law or legal document. For example, when a new will is made, the old one is usually revoked.

restraint of trade

A commercial arrangement that prevents a business from freely buying or selling goods or services. For example, a seller may promise the buyer of a business that the seller will not set up a new business within 10 kilometres for 4 years. A contract like this cannot be enforced if it goes on for too … Continued

linked credit provider

A credit provider who has an agreement with someone selling goods, for example a car. If a customer wants to buy goods but needs to borrow the money, the seller will suggest the buyer go to that credit provider.

excess

The amount a person does not get back from the insurer when they make a claim on their insurance. For example, if a car is insured for an agreed value of $10 000 with an excess of $1000, the insurer will pay only $9000 on a claim if the car is written off.

directions hearing

A short hearing between the judge and the lawyers in a case to decide how the case will be run until the hearing starts. For example, information can be given about the legal points the parties disagree about and the evidence that can be admitted.

bequeath

To leave money or other property to someone in a will. For example, a grandmother might bequeath her engagement ring to her granddaughter.

Settled estates

A beneficiary who does not receive any capital, but whose share is restricted to the income only, is said to have an interest in a settled estate. For example, the willmaker may have left the income from the estate to a spouse for their life, and after the spouse’s death, the capital to their children. … Continued