Glossary

Person charged with a criminal offence.

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

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

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

Said to be the case, but not yet proved.

Process for resol

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

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.

Receipts and other benefits that are subject to tax.

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

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.

When the financial affairs of an individual are taken over by a trustee, following the individual becoming unable to pay his or her debts.

A person who is left something in a will, or a person who benefits from a trust or estate.

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

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.).

(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.

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

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

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.

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.

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

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

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

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

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.

An agreement enforceable by the law.

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 pur

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.

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.

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.

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.

In reality, e.g. a de facto wife is one in reality but not in law.

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

A person who owes a debt.

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

To be treated as.

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.

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.

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

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

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.).

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

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

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

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.

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

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.

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

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

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.

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.

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

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

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

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.

ly 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 formal legal document in writing.

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

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

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

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

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

An interest in land for a fixed period.

Able to be enforced by law.

Laws made by Parliament which are referred to singly as Acts.

A person to whom property is leased.

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.

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

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

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

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

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.).

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.

Circumstances which go towards reducing the damages or punishment which the court may order against a defendant or prisoner.

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 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.

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

A wrong prohibited by the criminal law.

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

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.

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

Breaches of statute law are usually prescribed in terms of penalty units. The unit value is reviewed every year by the Treasurer. The value of a penalty unit for 2006 - 2007 is $107.43 ($110.12 from 1/7/07). To establish a fine, multiply the number of penalty units by the amount - i.e. 3 penalty units is $322.30 (rounded to the closest 10 cents). Under Commonwealth law a penalty unit is currently $110. As the value of a penalty unit will change, do not rely on the figure provided.

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

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

A formal written legal docu

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.

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

A principle that restricts contractual rights and obligations to the immediate parties to a contract.

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.

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 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).

Land or other real estate.

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

The administrative section of a court, which handles enquiries and submission of documents to the court. The officer in charge is a registrar.

Laws which are not made by Parliament but by other bodies to whom the power to make law is delegated in legislation (q.v.).

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

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.

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

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

An order that property be seized to satisfy a debt.

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.

Able to pay all debts when they are due.

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

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".

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

A law made by Parliament (state or Commonwealth).

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

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

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

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 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.).

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

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.

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.

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 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.

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

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

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.

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.

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.