Law topics glossary
accused Person charged with a criminal offence. acquit To discharge, to find an accused "not guilty" after
trial. administrative act 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 affidavit 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. age of consent The age at which a young person can legally enter into a sexual
relationship. aggrieved party A person(s) who has suffered a loss or injury, or whose legal
rights have been threatened or damaged. agistor The landowner who provides land for agistment alleged Said to be the case, but not yet proved. ADR (alternative dispute resolution) Process for resolving disagreements. amenity Features, benefits or advantages of the local environment that
people currently enjoy. arbitration A procedure for resolving disputes which involves less formality
than a court hearing. arrears Payment that is overdue or made after the date when it fell due. arrest To take into custody. assessable income Receipts and other benefits that are subject to tax. at large (An animal) not securely confined to the owner's property. bail The procedure which enables an accused person to be released
from custody in between the date of being charged and the eventual hearing of
the court case. Conditions can be specified, and a guarantor (surety) can be
required. back to top bankruptcy When the financial affairs of an individual are taken over by a
trustee, following the individual becoming unable to pay his or her debts. beneficiary A person who is left something in a will, or a person who
benefits from a trust or estate. Bill A proposed new law, or a change to an existing law, which has
not yet been passed by the Parliament. Once passed, it becomes an Act (q.v.). bond (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. breach of contract Failure 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 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. by-laws Former name of local laws (q.v.). caveat 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). back to top certificate of title 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. civil law 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. clear title Outright ownership, without any debts or charges on the
property. code of practice A set of guidelines for fair practice developed for a specific
industry or occupation. May be voluntary or statutory (q.v.). codicil A document signed by a willmaker that alters or adds to an
existing will. common law 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). community-based order 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. complainant A person who begins a prosecution against another in the
Magistrates' Court, a plaintiff. conciliation 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. confidentiality Protection against disclosure to an outside person of
information revealed in a professional relationship, e.g. doctor-patient. conflict of interest 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. contract An agreement enforceable by the law. contravene To breach, neglect or refuse to comply with a particular
requirement or condition. contributory negligence 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. conveyance A transfer of real property (q.v.). copyright 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. covenant 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.). cover note a document provided by an insurer as evidence of temporary
insurance cover before a formal policy is issued. credit contract A contract (q.v.) for deferred payment of a debt owed by one
person or organisation to another. creditor A person or company to whom a debt is owed. custody Control; e.g. when arrested and not free to leave; formerly,
care and control of a child. damages
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. de facto In reality, e.g. a de facto wife is one in reality but not in
law. back to top debt agreement An arrangement for dealing with unpaid debts that is less formal
and intrusive than bankruptcy (q.v.). debtor A person who owes a debt. deed 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". deemed To be treated as. default 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. defendant A person who has been charged with a criminal offence, or whom a
civil action has been brought against. determination Decision. directions hearing 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. disclosure Giving particular information to another party as required by a
contract or legal process. domestic relationship A relationship where two people (of the same or opposite sex)
are not married but are living or have lived together as a couple. duress Undue pressure placed on a person to force him or her to do
something. duty lawyer 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. duty of care 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.). encumbrance A charge (q.v.) or liability, e.g. a mortgage. back to top
enduring power A power of attorney (q.v.) or guardianship which continues to
have effect even if the donor ceases to be mentally competent. eviction The action of recovering land or property from an occupier or tenant
by legal proceedings. executor 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. expulsion Permanent exclusion of a student from a school; compare:
suspension (q.v.). fiduciary duty An obligation to act in good faith for the benefit of another
person while acting on behalf of that person, e.g. as a solicitor. back to top fraud Intentionally dishonest act (or lack of action) done to deceive
someone. freedom of association
The right to belong, or not belong, to an industrial association
(trade union). freedom of information The right of any person to have access to documents held by
government agencies, except those exempted by legislation. grievance procedure A defined process for attempting to settle employment disputes
within an organisation. back to top
guarantee 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. guardian 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. hire purchase 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. back to top
in lieu In place of. So: time in lieu - agreement to allow time off
instead of payment for overtime worked.
indemnity Compensation for a wrong done, or an expense or loss suffered as
a result of the act or default of another. Verb: indemnify. indictable offence A serious crime which is generally triable before a judge and
jury. informed consent 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. infringement notice (a driving offence) has been committed and the penalty to be
paid (an "on-the-spot-fine")." injunction 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). insolvent Unable to pay debts in full. instrument A formal legal document in writing. intervention order Court order under the Crimes (Family Violence) Act restraining a
person from harmful or annoying conduct against a family member. intestate One who dies without leaving a valid will. The deceased's
property is distributed to the nearest relatives in an order set by law. jurisdiction
The authority of a court to decide matters brought before it;
the geographical limit within which a court order can be enforced. back to top
jury 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.
lease A document of agreement between a landlord and a tenant, for
rental of premises. leasehold An interest in land for a fixed period. legally binding Able to be enforced by law. legislation Laws made by Parliament which are referred to singly as Acts. lessee A person to whom property is leased. liability 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. In accounting and taxation may be used to describe a debt or an
obligation to pay. lien The right to hold a person's property as security for the
performance of an obligation (e.g. the payment of money owing). litigation Court proceedings in civil matters (q.v.). A litigant is one of
the opposing parties (q.v.) in a civil proceeding. local laws Laws made and enforced by municipal councils within their
boundaries. Previously called by-laws. mandatory 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. back to top means test Assessment of a person's income and assets to see if they
qualify for financial assistance. mediation 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.). merchantable quality Reasonable quality, being in a good enough condition to be sold. misleading and deceptive conduct Generally, an action or behaviour which leads another person
into error, or which is unfair. misrepresentation Making a false statement, either deliberately or
unintentionally, to induce someone to do something they would otherwise not
have done, e.g. buy something. mitigation Circumstances which go towards reducing the damages or
punishment which the court may order against a defendant or prisoner. mortgage 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. native title 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. back to top necessaries The basic requirements for a reasonable lifestyle, e.g. food, clothes,
housing, etc. negligence A tort (q.v.) involving the breach of a duty of care (q.v.)
resulting in loss or damage to another person. nominee A person acting as a buyer on behalf of someone else. offence A wrong prohibited by the criminal law. back to top ombudsman A public official appointed to investigate citizens' complaints
against the administrative agencies of government, or against members of a
particular profession. parenting orders 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. pecuniary Involving money. So: pecuniary loss - loss of an amount of
money; pecuniary penalty - fine; pecuniary interest - financial interest (in
property). pu (penalty unit) Breaches of statute law are usually prescribed in terms
of penalty units. The unit value is reviewed every year by the Treasurer. perpetual succession Ownership of property remains with a group or organisation as a
whole, not individual members of the group. plaintiff Person who initiates legal proceedings against another in a
civil dispute (c.f. complainant). power of attorney A formal written legal document by which one person gives another person power to represent them or act in their place for certain purposes. pre-hearing conference 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. precedent The doctrine by which courts are obliged to follow past
decisions. privity of contract A principle that restricts contractual rights and obligations to
the immediate parties to a contract. probation 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. prosecution The party (q.v.) presenting evidence against the person accused
of committing a crime.
protection application 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. public nuisance A nuisance (q.v.) that interferes with a public right to do
something.
public officer Person appointed to act on behalf of an incorporated association
in any public dealings. pursuant to According to, as directed by (an Act or Regulation) real property Land or other real estate. back to top referral authority An authority or government department to which a planning permit
must be referred for advice before it is granted. Registry The administrative section of a court, which handles enquiries
and submission of documents to the court. The officer in charge is a registrar. Regulations Laws which are not made by Parliament but by other bodies to
whom the power to make law is delegated in legislation (q.v.). repossession The taking possession of goods by a creditor from a debtor who
has breached a term of a credit contract. respondent A person against whom a summons has been issued or an appeal
brought. responsible authority The body that has the power to grant or refuse permits, often a
local council. revocation Cancelling the effect of a previous act, e.g. an earlier will. security interest An interest in or power over goods to secure payment of a debt
or obligation. back to top
sequestration order An order that property be seized to satisfy a debt. serious injury 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. solvent Able to pay all debts when they are due. stamp duty A state tax on transfers of ownership of assets or property, or
on leases. standard of proof The required level to which something must be proved in court.
In criminal matters, the standard is "beyond reasonable doubt"; in
civil matters, "on the balance of probabilities". standing The right to take action in court or to be heard or represented
in a case. statute A law made by Parliament (state or Commonwealth). statutory declaration A written statement of facts which the person making it signs
and solemnly declares to be true before a person authorised to take
declarations. substantiation Providing evidence to prove that an event took place, e.g. an
expense was incurred. summons A document which is issued by the court requiring the attendance
of the person named in the summons at court on a specified date. supervision order 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. suspended sentence 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.). suspension exclusion of a student from school for a specified period as a
disciplinary measure; less severe punishment than expulsion (q.v.). tenancy The relation between a landlord and a tenant for rented
premises. (See: lease). back to top
tender An offer by someone who owes money to pay the debt, or part of
it, to the person it is owed to. terms of reference The preset terms under which an inquiry is conducted or a
decision is made. tort 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. trafficking In common law, movement from source to end user in the course of
trade. Drug trafficking has a much wider definition. trespass Wrongful entry onto or interference with a property without the
permission of the lawful owner or occupier. tribunal A body set up to hear and decide disputes, usually with less
formality and less strict rules of evidence than in a court proceeding. trust deed A document which sets out the rights and obligations of the
trustee and beneficiaries (q.v.) of a trust (q.v.). unconscionable conduct Action that takes unfair advantage of another party that is
under a special disability (q.v.) in a contract or transaction. back to top undue influence Taking unfair or improper advantage of the weakness of another
party to make them agree to something. vexatious (Legal action) that is unnecessary or undertaken only to cause
trouble or inconvenience for the other party. void Of no legal effect. voidable 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. warrant 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. back to top warranty (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. witness 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.
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