Divorce Resource
Glossary of Terms
www.DivorceResource.com.au
Glossary
(Legal terms that may be encountered in the process of separation and divorce)
Abandonment This term is applied when one married spouse leaves the marital
home. In some countries, this may be grounds for divorce or may
reflect adversely upon the spouse who moves. In Australia
however, there is a “no blame” approach.
Abduction The wrongful taking away of a person. Commonly refers to a child
being taken by a parent in breach of a Court Order.
Abuse In relation to a child means – (a) an assault, including a sexual
assault, of the child; or (b) a person (the first person) involving the
child in a sexual activity with the first person or another person in
which the child is used, directly or indirectly, as a sexual object by
the first person or the other person, and where there is an unequal
power in the relationship between the child and the first person; or
(c) causing the child to suffer serious psychological harm,
including (but not limited to) when that harm is caused by the child
being subjected to, or exposed to, family violence; or (d) serious
neglect of the child.
Address for
Service
The address given by a party where documents can be served on
them by hand, post or some other form of electronic
communication.
Adjourn To defer or postpone a court event to another day.
Adultery This term refers to sexual intercourse by a married person outside
of the marriage. Australia has moved to a "no fault" divorce.
However, in some countries this may also be grounds for divorce
or adversely affect the offender's case.
Adversarial
An adversarial approach of dealing with disputes is characterised
by parties engaging in a competitive approach to present their
case. It may involve high levels of conflict. (See adversarial system
& non-adversarial).
Adversarial
system
In an adversarial system, the court process involves opposing
parties arguing their case in opposition to each other in presenting
their case to a third party (usually a judge or magistrate). The third
party’s role is to determine the outcome of the case.
Affidavit A written statement by a party or witness. It is the main way of
presenting the facts of a case to the court. An affidavit must be
signed before an authorised person (such as a lawyer or Justice of
the Peace) by way of attesting to the truth of the contents of the
statement.
Affirmation A declaration by a person that evidence which they give in court,
or an affidavit they make is true. A person makes an affirmation if
they do not wish to swear an oath.
AFP Australian Federal Police. The Police Force established by the
Commonwealth Government to deal with crimes under
Commonwealth Law.
Aggrieved
persons
A person named in a Domestic Violence Protection Order who is
protected by the order in addition to the aggrieved spouse. Usually
relatives, friends etc of the aggrieved spouse
Aggrieved
spouse
A person who is entitled to apply for a Domestic Violence
Protection Order
Agreement An agreement at law is where two or more people consent to an
arrangement which requires them each to take certain actions or
abide by certain conditions.
Airport watch
list
A list maintained by the Australian Federal Police of children at risk
of being removed from Australia in breach of a court order.
Alien A person who is a non-citizen of Australia.
Alternative
Dispute
Resolution
(ADR)
All methods of resolving disputes which do not involve a court
making a decision. Common methods of Alternative Dispute
Resolution are Mediation and Conciliation.
Annuity A yearly payment of a certain sum of money
Annulment A marriage is declared to be “annulled” where the law does not
recognise it as a valid marriage. (This is different to religious
procedures for annulment. Any inquiry about church granted
annulments should be made through the relevant church.)
Annulment "Nullity of Marriage" A legal action that says your marriage was
never legally valid because of unsound mind, incest, bigamy,
being too young to consent, fraud, force, or physical incapacity.
Appeal Procedure which allows a party to challenge the decision made by
a court and have the court decision reviewed by a higher court.
There must be valid grounds of appeal or the higher court will not
take the case.
Applicant The person who applies to a court for orders.
Application for
divorce
The forms issued by the court which must be completed to get the
court to make an order for divorce
Apprehend To take somebody into custody of police.
Approved
deposit funds
Funds which can accept deposits of superannuation benefits
which must by law be preserved until retirement.
Approved
Organisation
(Family Law
matters)
Centres approved by law to provide dispute resolution services for
parties in dispute over parenting issues. (See Family Relationship
Centres)
Arbitration A dispute resolution procedure where an expert person makes a
decision to resolve the dispute. In family law, this can only be
used for property disputes.
Arrearage The amount of money that is past due for child or spousal support.
Arrears Child maintenance or child support owing under an order,
agreement or assessment.
Arrest The procedure where a person is taken into police custody to be
charged with a criminal offence or to be brought before a court,
and must remain in police custody until they receive bail or until a
court deals with their charges.
Assault The application of force, or threatened application of force, to a
person without their consent.
Assessment
Order
An order by a Court Magistrate or the Children's Court authorising
action necessary as part of the investigation process to assess
whether a child is in need of protection from harm.
ATO Australian Taxation Office The Government Department which
administers the law in relation to Taxation.
Attorney A person who is appointed to act on behalf of another usually in
the areas of property and financial affairs.
Attorney
General
The government minister responsible for the administration of
justice.
Auction A process by which property is offered for sale to the highest
bidder
Auctioneers
and Agents
People licensed to act as Auctioneers of Agents under the
Auctioneers and Agents Act administered by the Office of Fair
Trading.
Australian
business
number
A single identifier for dealings with the Australian Taxation Office.
It replaces the Australian company number or Australian
registered body number.
Australian
citizen
A person who is a citizen of Australia, either by birth or because
they have been granted citizenship.
Australian
residents
Persons entitled to reside in Australia, either because they are
citizens or because they hold an appropriate visa.
Authorised civil
celebrant
A person, other than a minister of religion, authorised to perform
marriages.
Authorised
person
A person authorised to make an application for a Domestic
Violence Protection Order on behalf of an aggrieved spouse.
Award A document, approved by the necessary authority, which sets out
the terms and conditions of employment.
BAC Blood alcohol Concentration. The percentage of alcohol present in
a person's blood.
Bail The release of a person from custody based on a written
commitment or promise by a person that they will appear in court
on the next occasion when their case comes before the court.
Bailiff A court officer who assists in court proceedings, serves court
documents and carries out court orders eg warrants to sell
property.
Bailment The delivery of goods from one person to another for a particular
purpose (eg storage, repair, cleaning) upon condition that the
goods will be returned.
Balance of
Convenience
An objective test applied by the courts to each party's
circumstances to establish who is more inconvenienced with
having to travel to court.
Balance of
Probabilities
The standard of proof in civil cases, ie for something to be proven
to be true it must be more probable than not. This is a lesser
standard than the standard of proof in criminal matters which is
"beyond reasonable doubt".
Bank cheque A cheque issued by a bank which is often accepted as cash, unlike
a personal cheque which must be cleared.
Bankrupt When a person is unable to pay their debts, a court may order that
their financial affairs be managed by a trustee to call in all assets
and pay debts from available funds. Also referred to as insolvent
Bankruptcy When a person is unable to pay their debts, a court may order that
their financial affairs be managed by a trustee to call in all assets
and pay debts from available funds. Also referred to as insolvency.
Barrister A lawyer who specialises in court appearances and providing
written opinions. Usually not able to act for clients directly and is
engaged through a solicitor. In some courts they are required to
wear wigs and gowns.
Bench charge
sheet
A sheet of paper which sets out brief details of a charge against a
person.
Bench warrant A warrant issued by a court calling for the immediate arrest of a
person so that they can be brought before the court. Usually
issued when a person fails to appear in court.
Beneficiary A person who is left something in a will or a person for whose
benefit property is held by a trustee.
Benefit A payment by the Department of Social Security to assist a person
who falls within a defined category of person needing short term
financial help (eg sickness benefit)
Bequeath To leave property to somebody in a will
Best interest of
the child
In each case which comes before it about children, the Family
Court must make a decision based on what is in the best interests
of the child and not necessarily the wishes of the parents. All
circumstances affecting the child are taken into account.
Beyond
reasonable
doubt
The standard of proof in criminal matters, ie it must be proved
beyond reasonable doubt that a person has committed an offence
before they can be convicted. This is higher than the civil standard
of proof which is the "balance of probabilities".
Bigamy Being married to more than one person at once. A criminal
offence.
Bill of Sale A document which allows one person to possess and use goods
while another person (eg a finance company) retains ownership of
the goods until such time as the goods are fully paid for.
Birth certificate A document issued by the Registrar of Births Deaths and
Marriages which is a legal record of the details of a person's birth
(eg date, place, parents).
Birth parent The natural parent of a child.
Bona fide In good faith.
Bond A bond is an agreement by a person to abide by certain conditions
(eg not to commit criminal offences, undergo educational courses,
pay rent and not damage property). Can involve the payment of
money which is forfeited if the bond is breached.
Bond Loan An interest free loan available from the Department of Public
Housing to low income people to pay a bond for a private rental.
Breach The breaking of a condition eg breach of contract, breach of
parole.
Breach of bail Breaking a condition of bail, eg failing to appear in court, not
reporting to police, contacting a victim of crime.
Breach of
discipline
An action by a member of the police service which is not in
accordance with the rules of the service.
Breach of
domestic
violence order
An action which contravenes a domestic violence order, eg
contacting the aggrieved spouse. A criminal offence
Breach of
protection
order
An action which contravenes a domestic violence order, eg
contacting the aggrieved spouse. A criminal offence
Breach of the
peace
Behaviour which causes a public disturbance or is likely to lead to
violence.
Break and enter The unauthorised entry to premises involving the deliberate
shifting or removal of obstacles to enter the premises eg opening a
door, forcing a lock, breaking a window.
Burden of proof The obligation to prove that allegations made in court are true by
calling evidence to support the allegations. In criminal cases, the
prosecutor has the burden of proof and the defendant is presumed
innocent until proven guilty.
Call over A day on which the court goes through the list of cases waiting to
come before the court and indicates a date on which they might be
dealt with.
Capacity The person is capable of understanding the nature and effect of
decisions about the matter and can freely and voluntarily make
decisions about the matter and can communicate decisions in the
same way.
Carer Someone who has the day to day care of a child. This person may
be a parent, an adoptive parent, a grandparent, an aunt or friend.
Previously this person may have been called the custodian. The
CSA legislation refers to this person as "eligible carer" or "payee".
Case When a person makes an application to a court for orders, that
becomes the case before the court.
Case
management
Where a court manages the cases which are awaiting hearing by
setting time frames within which certain steps must be taken eg
filing of affidavits
Casual
employment
Employment not on a permanent basis which does not have leave
entitlements (eg holiday leave, sick leave etc)
Caveat A notice by a person claiming an interest in land, lodged with the
Department of Natural Resources which prevents dealing with that
land.
Caveat emptor Let the buyer beware.
Certificate
(parenting
orders)
From 1 July 2007, people that wish to make an application to the
family law court for parenting orders, must file a certificate from by
an approved organisation with their application. The certificate is
issued by a Family Dispute Resolution Practitioner.
Certificate of
exemption
A certificate which exempts a child from attending at school.
Change of
Assessment
Team
The office which reviews decisions made by the Child Support
Agency in assessing the amount payable by a parent. It has the
power to change the amount.
Change of
name
The procedure whereby a person formalises the use of a name
other than their birth or married name.
Charge A formal procedure where a person is accused of committing a
criminal offence.
Child For most purposes a person under the age of 18 years, however
at criminal law a person is dealt with as an adult once they reach
17 years.
Child Abuse An assault, including a sexual assault of the child, or a person
involving the child in a sexual activity with the person or another
person which the child is used, directly or indirectly, as a sexual
object by the first person or the other person, and where this is
unequal power in the relationship between the child and the first
person, or causing the child to suffer serious psychological harm,
including (but not limited to) when that harm is caused by the child
being subjected to, or exposed to family violence, or serious
neglect of the child.
Child
agreements
An agreement about the arrangements for children made before
June 1996. See Parenting plans, consent orders. From 1 July
2006 parties can reach an agreement by entering into parenting
plans or consent orders.
Child
maintenance
This is financial support payable by a parent for a child who does
not usually live with that person. This term is relevant for Stage 1
cases.
Child of the
marriage
Children of the husband and the wife, includes adoptive children,
children born before the marriage, children born as a result of
artificial conception procedures. For divorce only, extends to
include any child who is treated as a child of the family.
Child
Protection
Order
An order made by the Children's Court when it is believed that a
child is in need of protection.
Child support This is financial support payable by a parent for a child who does
not usually live with that person. The term is relevant for Stage 2
cases.
Child Support
Formula
See "mathematical formula." This formula is set out in the Child
Support Assessment Act 1989 and is used to work out the amount
of child support payable in stage 2 cases. There are different
formulae which may apply depending on the circumstances of the
particular case.
Child support
income amount
The amount which forms the basis for an assessment of child
support based on gross income and number of dependents.
Child Support
Scheme
Refers to the legislation which covers child maintenance and child
support cases. It was introduced in two stages - stage 1 and stage
2. It is administered by the Child Support Agency and other
agencies play a fundamental role in the operation of the Child
Support Scheme - eg. Centrelink and the Commonwealth
Attorney-General's Department. The Child Support Forum Unit and
Caxton Legal Centre, for example, come under the umbrella of the
Commonwealth Attorney-General's Department.
Child support Money that one parent pays to the other parent for their children's
support.
Child`s views The Court must consider the views of the child if known however
the weight given to them by the court will depend on a number of
factors including the age of the child.
Children`s
Commissioner
A government official who handles complaints about the
Department of Families Youth & Community Care in relation to
children in care and protection and hears appeals from decisions
of the Department.
Children`s
Court
The Court which deals with juvenile crime and Child Protection
Orders.
Children`s
Court Judge
A judge appointed to deal with Children's Court matters.
Children`s
Court
Magistrate
A magistrate appointed to deal with Children's Court matters.
Church
annulment
Annulment of marriage by a church. Not the same as an
annulment granted by the Family Court.
Civil action Any court action concerning a civil matter, ie not a criminal matter.
Classified
Patients
A person admitted to an authorised mental health service from
court or custody is a classified patient.
Clear Days When calculating clear days, the first and last days are not
counted, eg if a summons is served on November 1st, the number
of clear days begin on November 2nd.
Clear title The title to property is clear if a person is able to pass the property
to another person free of the claims of any third person eg a car
has clear title if it is not registered in the Register of Encumbered
Vehicles (REVS).
Client Care
Letter
A letter which solicitors must send to new clients which sets out
important information about the handling of the case by the
solicitor, including information about costs and complaint
procedures.
Closed court A court which in not open to anyone other than those people
immediately involved in the matter being heard in court.
Codicil An amendment to a will.
COLA Cost of Living Adjustment.
Commencing
proceedings
Filing the court papers necessary to start a matter in a court.
Commissioner
for declarations
A person recognised by the law as having the ability to witness
signatures on documents.
Commit to trial A matter is sent to a higher court for trial.
Common Law
Marriage
A judicially-recognized marriage, usually based on cohabitation.
Communicates
with
In family law matters a child or parent can communicate with each
other by means of telephone calls, emails &/or letters.
Community
debts
Community obligations are the debts that a husband and wife or
registered domestic partners OWE TOGETHER
Community
Legal Centre
A community based group which provides legal advice and may
offer legal representation.
Community
property
Community property is everything that a husband and wife or
registered domestic partners OWN TOGETHER. In most cases
that includes (1) Money or benefits like pensions and stock
options that you now have which either of you earned during the
time you were living together as husband and wife or as registered
domestic partners; and (2) Anything either of you bought with
money earned during that period.
Company A company is an organisation recognised at law as having the
same legal status as a person. It may own property and is capable
of suing and being sued.
Compensation An amount of money paid to a person who has suffered injury or
loss by the person who the law regards as being responsible for
that injury or loss. The amount payable depends on the facts of the
case.
Complainant A person who begins a legal prosecution eg a person seeking a
Peace & Good Behaviour Order, or a person making a complaint
about criminal behaviour towards them, eg a victim of assault.
Compulsory
contributions
Money required to be paid by an employer for superannuation of
employees.
Conciliation
conference
A conference held before a court officer between the people
involved in a court action and their legal representatives to try and
resolve matters in dispute in the family court. A conference held
before a court officer between the people involved in a court action
and their legal representatives to try and resolve matters in dispute
in the family court.
Consent Formal agreement.
Consent Order An agreement between the parties that is approved by the court
and then becomes a court order.
Consent Order An order which the court makes because all persons affected by
the order agree that it should be made and agree to the terms.
Consideration The price paid by a person for something under a contract. It may
be money or it may be a promise eg a promise not to pursue court
action.
Contact From 1 July 2006, the term 'contact' is replaced with the term 'who
the child spends time or communicates with' a person whom they
do not usually live with.
Contempt of
Court
The deliberate failure to comply with the orders or directives of the
Court.
Contempt of
court
Failure to obey a court order or behaviour which shows disregard
for the authority of the court eg offensive behaviour in court. A
person may be jailed for contempt of court.
Contested Any issue on which the petitioner and respondent cannot agree,
which must then be decided by the court.
Contract An agreement which the law recognises as legally binding.
Contract of
guarantee
A contract where one person makes a legally binding promise to
take on the legal responsibilities of another person, if that person
defaults in their obligations.
Contravention When a court finds a party has not complied with (followed) a court
order, that party is in contravention of (or has breached) the order.
Contravention
Order
An order of the Family Court that states a party has contravened a
legally enforceable order regarding major long term issues (ie.)
Parental responsibilities or who the child 'lives with', 'spends time
with', and 'communicates with'.
Contributions
to property
Any financial or non financial contribution whether direct or indirect
which is made towards the acquisition of property
Corroboration Independent evidence which supports the main evidence.
Costs Costs are often awarded to the person who succeeds in a court
action (party/party costs). There may be a difference between the
amount to be paid by the losing party and the costs payable to a
person's solicitor (solicitor/own client costs)
Counsel A lawyer who appears in court on behalf of clients. In the higher
courts counsel are usually barristers, but in the lower courts eg
Magistrates Court, solicitors often appear as counsel
Counselling The process whereby one or both parties in a relationship meet in
the presence of a counsellor to discuss problems and explore
solutions
Counsellor A person who is qualified to do counselling. To provide counselling
recognised by the Family Law Act, a counsellor must be approved
(see approved counsellor)
Couple Defined under de facto property settlement law as two persons
who live together on a genuine domestic basis in a relationship
based on intimacy, trust and personal commitment to each other.
People who are co-tenants of a property are not necessarily a
couple
Court Hearing The date and time when a case is scheduled to come before the
court.
Court Order The actions the parties or a party must do to carry out a decision
made by a court. An order may be either interim or final.
Court order A ruling made by a court which must be followed by the people
concerned
Court
proceedings
The process whereby a claim is determined in court
Court seal A stamp put on documents by the court to indicate that the court
has accepted the document for filing
Credit card A card issued by a finance provider where there is an agreed
credit limit, and the consumer can use the card to purchase items
and must make regular minimum repayments
Credit
contracts
Any contract where credit is provided
Credit limit The maximum amount which can be advanced in a credit
arrangement eg credit card or overdraft
Creditor A person, institution or business to whom money is owed.
Cross
examination
Questioning a person in court about evidence they have given to
the court.
Crown A name sometimes given to government because the Queen is the
formal head of government
CSA Child
Support
Agency
Is part of the Australian Taxation Office. Is responsible for
administering the Child Support Scheme the collection of child
support and child maintenance (stage 1 and stage 2 cases) the
enforcement of payments (stage 1 and stage 2) working out how
much child support is payable (stage 2)
Curfew A requirement that a person must be at home after a certain time
Custodial
Parent
The parent who has physical custody of the child.
Custody In family law, it was the old term where a person has the custody
of a child, they have the right and the responsibility of a child's day
to day care. This term was replaced by "residence" in June 1996
and from 1 July 2006 it is replaced with the term who the child
'lives with'. In Child Protection matters, the right to and the
responsibility of a child's day to day care.
Custody Order An order made by a court placing a child in the care of a person.
This term was after June 1996, replaced by "residence order" and
from 1 July 2006 it is replaced with the term who the child 'lives
with'.
Custody Order An order made by a court placing a child in the care of a person.
This term was after June 1996, replaced by "residence order" and
from 1 July 2006 it is replaced with the term who the child 'lives
with'.
Custody Having rights to your child There are two types of custody -- legal,
which means that you have the right to make important decisions
about your child's health, education and welfare, or physical, which
means that the child lives with and is raised by you.
De facto
partners
People living in a de facto relationship
De facto
property
Property owned by people living in a de facto relationship
De facto
relationship
A de facto spouse is either 1 of 2 persons, whether of the same or
the opposite sex, who are living or have lived together as a couple.
2 persons are a couple if they live together on a genuine domestic
basis in a relationship based on intimacy, trust and personal
commitment to each other; and 2 persons are not a couple only be
cause they are co-tenants.
Debt An amount of money owing
Debtor A person who owes money
Declaration of
interest
A declaration by a court that a person has an entitlement to
property or to a share in property.
Decree
absolute
'Decree absolute' is replaced with the term 'divorce order that has
come into effect' (see 'divorce order that has come into effect') A
'divorce order that has comes into effect' is issued by the court one
(1) month after the 'divorce order' (see 'divorce order') is made.
Decree nisi 'Decree nisi' is replaced with the term 'divorce order' A 'divorce
order' (see divorce order) is made by the court for divorce and
does not become final until usually one (1) month after the order
was made when the court will then then issue a 'divorce order that
has come into effect' (see 'divorce order that has come into effect')
Decree of
nullity
An order made by the court that a marriage is void
Deed A formal written document which is legally binding
Deed of
revocation
A written document which revokes the appointment of a power of
attorney
Deed poll A written document registered with the Supreme Court used to
formally record a change of name
Defamation Speaking or publication of words or other matter which is likely to
injure a person's reputation
Defamatory The adjective used to describe material which defames a person
Default Failure to respond in the prescribed manner within a given period
of time. The Respondent in a Petition for Dissolution is said to be
in default if he or she failed to respond within a set period of time,
usually 30 days after the date of service.
Default Not meeting legal obligations
Default
judgment
Judgment given because the defendant does not defend a court
action
Default One way to complete a divorce case which means the
Respondent does not "answer" the petition and pay a filing fee to
the Court.
Defence A legal reason why a claim made against a person should not
succeed
Department of
Child Safety
The government department responsible for administering law in
relation to child protection and state welfare
Dependant A person who may be recognised as having a legal entitlement to
be maintained by another person. A person may be recognised as
a dependant for some purposes eg taxation, but not others eg
testators' family maintenance
Deponent A person who makes (deposes to) an affidavit.
Deputy
Registrar
An officer of the Family Court with limited power to deal with family
law disputes eg hold conciliation conferences
Detinue An action where a person claims the specific return of goods or the
value of goods wrongfully detained
Directions
hearing
A procedure in the Family Court to set a time table for an action
and make any other necessary orders eg for documents to be
produced
Disbursement A payment made. Often used in a solicitor's account to describe
payments made by the solicitor on the client's behalf.
Discharge To be released from an obligation
Discovery Pretrial disclosure of pertinent facts and documents, including
financial figures, by one or both parties.
Discovery A procedure by which each person involved in court proceedings
gets to view documents held by the other people involved before
the matter goes to trial.
Discovery The information-exchanging process of a legal proceeding,
including documents regarding the finances of both parties
Discrimination Treating a person differently because of a personal attribute.
Discrimination is unlawful if it occurs because of defined attributes
(eg race, sex, age etc) and in some circumstances (eg
employment, education etc)
Dishonoured
cheque
A cheque which is not paid by a bank when it is presented for
payment not usually because there is not enough money in the
person's account to pay the cheque.
Dispensing
with service
An order by a court that it is not necessary to notify a person about
court proceedings in the usual way.
Dispute
resolution
A procedure designed to resolve disputes between people. Usually
refers to procedures which are an alternative to going to court.
Dispute
Resolution
Centre
Centres established by government to provide mediation of a
range of disputes between members of the public.
Dissolution of
marriage
An order that a marriage is at an end. Divorce
Dissolution Another word for divorce, which is the legal termination of a
marriag
Division of
matrimonial
property
The division of property belonging to a husband and wife after a
breakdown of the marriage.
Divorce The legal procedure which ends a marriage.
Divorce Order An order made by a court that ends a marriage.
'Divorce order'
replaces the
terminology
'decree nisi'
A 'divorce order' is made by the court granting the application for
divorce and does not become final until usually one (1) month after
the order was made when the court will then then issue a 'divorce
order that has come into effect'
Divorce order
that has come
into effect
Divorce order that has come into effect' replaces the terminology
'decree absolute' and indicates that divorce has been granted and
the marriage is legally dissolved. A 'divorce order that has comes
into effect' is issued by the court one (1) month after the 'divorce
order' is made.
Divorce The legal termination of a marriage relationship.
DNA Testing Medical testing which can establish paternity of a child and
involves testing of both alleged parents and of the child.
Docket The court's calendar schedule.
Domestic
violence
The term used to describe violence which occurs within a family
including physical, verbal, emotional, psychological, sexual,
financial or social abuse
Domestic
Violence
Application
An application made to the court by or on behalf of an aggrieved
spouse for an order to prevent domestic violence.
Domestic
Violence
Protection
Order
An order made by the court which imposes conditions on a person
designed to prevent domestic violence eg that a person not
contact their spouse.
Domicile The place where a person normally lives and regards as home.
Donor A person who gives something (eg a power of attorney) to
someone else.
Duty of care An obligation to take reasonable care to avoid causing foreseeable
harm to another person or their property.
Easement A right to enter onto land owned by another person.
Economic loss Loss suffered of a direct financial nature, eg loss of past and future
income if unable to work as a result of an injury
Ejectment Action to remove a person from land or recover possession of land
from someone who is unlawfully in possession.
Emancipation An act by which a parent relinquishes their to custody and are
relieved of their duty to support the child. The child is then no
longer bound to the stipulations set forth in the divorce decree.
Emancipation can occur when the child marries, is inducted into
military service, by court order based upon the child's best interest
or by when the child reaches an appropriate age.
Emergency
Examination
Order
Authorises a person to be taken to an authorised mental health
service and be detained for assessment.
Emergency
housing
Housing which can be provided by the Department of Public
Works and Housing to people who need accommodation urgently
eg victims of domestic violence.
Emotional harm Harm which is recognised as resulting from an event and for which
a person may be compensated even though it is not a physical
injury
Encumbrance A legal impediment which prevents dealing with a property freely
eg a mortgage over property
Endorsement of
warrant
The process of recognising a warrant in a place other than the
state or territory where it was issued which enables the warrant to
be enforced in that place.
Enduring
Power of
Attorney
A power of attorney which enables the attorney to act even though
the person who appointed the attorney may cease to have legal
capacity
Enforceable
Money Order
An order of the court for payment of an amount of money.
Enforcement Action taken after a court order has been made to ensure that the
order is in fact followed eg selling property to pay a judgment debt
Enforcement
hearing
A hearing to obtain information to facilitate the enforcement of a
money order.
Enforcement
hearing warrant
A warrant which authorises the arrest of a person to bring them
before a court to be examined.
Enforcement
Order
An order made by a court to make a party or person comply with
(follow) an order.
Equal shared
parental
responsibility
In family law matters, it is presumed to be in the best interest of
the child for parents to have equal shared parental responsibility
(exceptions family violence and child abuse). This does not mean
‘shared care’. It means that parents share responsibility for making
decisions about major long term issues that affect their children.
(See major long term issues).
Equal time In family law matters, if parents have equal shared parental
responsibility, then the court must consider the possibility of the
child spending equal time with each parent (exceptions family
violence and child abuse).
Equitable
Distribution
He division of the property (marital assets) acquired during the
marriage. Marital debts can also be part of the equitable
distribution.
Equity A system of legal rules developed to modify common law. Also
used as a general term for fairness and to describe the fact that a
person has an interest in property even though they may not be
the legal owner of the property.
Estate The property belonging to a person. Usually used to describe the
property left by a person on their death or the property which a
person held at the time of bankruptcy.
Evict The legal procedure to have a person removed from property
when they have no legal entitlement to be there eg a tenant who
does not pay rent
Ex parte In the absence of a party. In some limited cases an application
may be made to the court without informing any one else involved
in the proceedings of the application and this is said to be an ex
parte application.
Ex Parte
Hearing
A hearing where one party is not present and has not been given
notice of the application before the court; usually reserved for
urgent cases.
Executor The person appointed to administer the estate of a deceased
person under their will.
Executrix The old term used for a female person appointed to administer the
estate of a deceased person under their will.
Ex-Parte On or from one side or party only, sometimes used in reference to
the absence of the opposing party.
Exposed to
family violence
Exposed to family violence - is defined in section 4AB(3) of the
Act. For convenience, the definition is set out below with the
definition of 'Family Violence'.
Fair comment A defence to an action for defamation that something was an
honest opinion and not purporting to be a statement of fact.
Family
Consultant
A psychologist and/or social worker who specialises in child and
family issues that may occur after separation and divorce.
Family
consultant
The family court can appoint a family consultant in parenting
proceedings. The family consultant is a person with professional
training, approved by law, who assists and advises people about
parenting their children and best interest of the child factors.
Family
counsellor
A family counsellor is a person with professional training and
approved by law, who helps people with relationship issues and
separated parents with parenting issues.
Family court A court established by the Commonwealth government to
determine disputes in family law matters.
Family court
scale
The scale of fees which lawyers may charge for acting for clients
in family law matters in the absence of any written agreement
between the lawyer and the client to the contrary.
Family Dispute
Resolution
A process whereby a family dispute resolution practitioner assists
people to resolve some or all of their disputes with each other
following separation and/or divorce.
Family dispute
resolution
Family dispute resolution is a method of dispute resolution used in
family law matters to help people reach agreement about
parenting arrangements. A family dispute resolution practitioner
(i.e. Mediator) assists people to reach agreement by conducting
the process of discussion and negotiation to assist in resolving the
dispute. (See Family Dispute Resolution Practitioner).
Family dispute
resolution
practitioner
A family dispute resolution practitioner is a person with
professional training and approved by law who provides dispute
resolution services to parties involved in disputes about parenting
arrangements and other family law issues.
Family Law Act The Act of the Commonwealth Parliament which deals with Family
Law and establishes the Family Court of Australia
Family Law Act
1975 ('the Act')
The law in Australia which covers family law matters.
Family Law
Courts
Comprise the Family Court of Australia and the Federal
Magistrates Court of Australia.
Family Law
Registry
A public area at a Family Law Court where people can obtain
information about the court and its processes and where parties
file documents in relation to their case.
Family
Relationship
Centres
Centres approved by law who provide counselling and dispute
resolution services for parties in dispute over relationship issues
and parenting arrangements.
Family report A written assessment of a family by a family consultant. A report is
prepared to assist a court to make a decision in a case about
children.
Family Violence Family violence - means violent, threatening or other behaviour by
a person that coerces or controls a member of the person's family
(the family member), or causes the family member to be fearful. A
child is exposed to family violence if the child sees or hears family
violence or is otherwise exposed to family violence. See the
Family Law Act, section 4AB, which gives examples. Family
violence may also amount to child abuse.
Family violence Violent, threatening or other behaviour by a person that coerces or
controls a member of the person’s family, or causes the family
member to be fearful.
Family Violent
Order
An order (including an interim order) made under a prescribed law
of a State or Territory to protect a person from family violence.
Fee waiver Where the Family Court can allow the filing of an application for
divorce without the payment of a fee. A person must show that
they are financially eligible by completing a fee waiver form.
Fee waiver
application
form
A form to be completed by a person who requires the Family Court
to forgo the payment of a filing fee on an application for divorce
Filing The procedure of lodging a document at a family law registry for
placing on the court file.
Filing The process whereby documents are accepted by a court and
often this is evidenced by the court stamping its seal on the filed
document
Final hearing Where the matter is determined for the last time and orders are
made as to what is to take place
Final Order An order made by a court to bring a case to a close.
Finance
company
An institution which provides finance
Financial abuse Where a person does not provide sufficient financial assistance to
enable their de facto/ wife/ other parent of the child to have access
to the bare necessities of life
Financial
affairs
Matters relating to finances including the receipt of income and or
benefit, the payment of rent and the investment of monies
Financial
agreement
A written agreement, made, before, during or after marriage, which
deals with financial resources and maintenance of parties.
Financial agreements are enforceable through the courts.
Financial
contributions
Any contribution whether direct or indirect which is made towards
the acquisition of property or payment of expenses
Financial
counselling
A procedure where a person having financial problems is
counselled by a qualified person to assist them to resolve their
financial problems
Financial
hardship
Where a debtor cannot afford repayments on a credit contract,
they may seek a variation of the repayment arrangement on the
grounds of hardship, where "illness, unemployment, or other
reasonable cause" is the reason for that hardship.
Financial
matters
Includes looking after the donor's property, payment of bills,
accommodation and other expenses, investment and legal issues.
First court date The court date which appears on the summons or bench charge
sheet. On this date a person can, depending on the nature of the
charge, plead guilty, have the matter adjourned, or ask for a
hearing/committal date. Also known as first mention date
First mention
date
The court date which appears on the summons or bench charge
sheet. On this date a person can, depending on the nature of the
charge, plead guilty, have the matter adjourned, or ask for a
hearing/committal date. Also known as first court date
FOI An abbreviation of freedom of information. Where members of the
public are allowed access to documents held by government
agencies at the federal, state and local levels.
Foreclosure The forced sale of real property by a creditor due to money owing
under a mortgage or a debt
Foreseeable
harm
Harm that could be foreseen by the average person
Form A particular document that must be completed and filed at court.
Different forms are used for different family law matters.
Freezing bank
accounts
Where a financial institution may at the request of one of the
signatories to the account, place a hold over the account so that
money cannot be taken out, or further credit cannot be obtained
Full Court of
the Family
Court
A division of the Family Court where appeals are heard
Full hand up
committal
A committal where there is no cross examination and all evidence
is given to the magistrate in the form of statements
General Power
of Attorney
A legal document where a donor appoints an attorney to act on the
donor's behalf in areas of property and financial affairs. A general
power of attorney, unlike an enduring power of attorney will come
to an end if the donor becomes mentally incapacitated
Gossip Unless gossip amounts to defamation, there is no court action
available to prevent gossip from occurring
Grounds The basis for action or complaint, as in grounds for divorce.
Guardian A person who has the right and duty to protect another person,
their property and their rights
Guardian ad
litem
A person appointed to defend a court action or other legal
proceeding on behalf of a child, or a person under a disability
Guardianship If a person has the guardianship of a child, they have the
responsibility of a child's daily care as well as decisions relating to
the child's long term care.
Guardianship
of adults
Where a guardian acts for an adult, and in cases where the adult
is disabled, then it may be the Public Trustee
Habeas corpus A court order requiring a person who has someone in their care to
bring that person to the court
Hague
Convention
An international treaty on child abduction where if a child is taken
to a country which is a party to the treaty, then the child can be
ordered to be returned. The Commonwealth Attorney General's
Department can assist with these proceedings
Harassment Harassment itself is not an offence and there must be elements of
threat, or defamation or be part of a domestic violence matter,
before any legal action can be taken
Hearing A court session in which testimony or arguments are offered by
attorneys or involved parties for the purpose of resolving a legal
dispute.
Hearing Where evidence is heard from all parties involved in the matter
and a judgment is made
Hearsay
evidence
Where a person has not seen or heard the fact to be used as
evidence but has been told by another who saw or heard the fact.
Often hearsay is not permissible in court, but there are exceptions
Hire purchase An agreement to buy goods where a person gets possession of
the goods without paying for them in full, however ownership of the
goods does not pass to them until after the goods have been paid
for
Husband The male partner in a marriage. Sometimes used to refer to the
male partner in a de facto relationship
Independent
Children's
Lawyer
A lawyer appointed by the court to represent a child's interests in a
case.
Interim Order An order made by a court until another order or a final order is
made.
Interrogatories A formal or written question that must be answered under the
direction of the court.
Joint Legal
Custody
Situation in which both parents continue to make joint decisions for
their child's education, medical care, religious training, camp, and
other day to day matters.
Joint legal
custody
The sharing, by both parents, of the right to make important
decisions about a child's health, education and welfare.
Joint Physical
Custody
A situation wherein the child spends time sleeping in both parents'
homes.
Joint physical
custody
The sharing, by both parents, of the actual physical care and
custody of a child.
Judgment A decision by a court after all the evidence is heard.
Judicial officer A person who has been appointed to hear and decide cases; for
instance, a judge or federal magistrate.
Jurisdiction The authority given to a court and its judicial officers to apply the
law. For example, the courts have jurisdiction under the family law
act 1975 in family law matters.
Legal custody The right to make important decisions about the raising of your
child, on issues such as health care, education, and welfare
Legal
separation
You and your spouse or domestic partner can end your
relationship but still remain legally married or partnered, and get
court orders on parenting and money issues, with a judgment of
legal separation
Lump-Sum
Alimony
Alimony (a.k.a. Spousal support, maintenance) money is given in a
single lump-sum payment.
Maintenance Also called alimony or spousal support.
Mediation A non-adversarial process in which two or more parties work
through discussion and compromise toward agreement with the
aid of a neutral party, or Mediator. In Divorce Mediation, the
Mediator works with the divorcing spouses.
Mediation A form of alternative dispute resolution (ADR) for resolving legal
disputes without going to trial, by the use of a trained and impartial
third party who attempts to bring the parties together in mutual
agreement.
Motion to
Modify
A motion put before the court requesting that changes be made in
physical or legal custody, or in child support payments, thus
modifying the existing arrangement.
Motions Written or verbal appeals to the court for some sort of temporary
relief, such as maintenance, child support, attorney's fees, etc.
Narcotic drugs Drugs which dull the senses, relieve pain and induce sleep. In
sufficient quantity can lead to unconsciousness
Natural Justice Rules and procedures to ensure fairness which must generally be
followed by a person or body which has power to resolve disputes
Natural
Resources
Any resource occurring in the natural environment such as water,
forests, minerals, fish
Negligence,
Negligent
Failure to take reasonable care to avoid foreseeable harm to other
people or their property
Negotiation In family dispute resolution, negotiation can be as simple as you
and your former partner sorting out issues together, or a lawyer
may negotiate an agreement on your behalf. When you ask a
lawyer to negotiate for you, be clear about what you want to
happen.
Next friend A person recognised as being able to bring legal proceedings and
accept reponsibility for these proceeding on behalf of someone
who lacks legal capacity eg the parent of a child. Now known as
Litigation Guardian.
Next of kin A person's closest living relative either by blood or by marriage
No-Fault
Divorce
A divorce in which neither party has been accused of or found
guilty of any misconduct.
Noise Pollution Unreasonable noise which substantially interferes with the comfort
of an occupier of premises
Nominal
Defendant
A government authority which provides compensation to people
injured by unidentified or unregistered motor vehicles or where the
compulsory third party insurance has lapsed and not been
renewed.
Non party
disclosure
A process to obtain information or documents from a person who
is not a party to the civil action.
Non resident
parent
The parent with whom a child does not live
Non-adversarial A non-adversarial approach is a method of dealing with a dispute
in a more co-operative manner. (See adversarial and adversarial
system)
Non-Custodial
Parent
The parent with whom the child is not physically living.
Non-custodial
parent
The parent who does not have physical custody of the children.
Non-financial
contributions
Contributions to property which are not of a strictly financial nature
eg working on a house to improve it or contributions to a marriage
which are not of a strictly financial nature eg contribution as a
parent and homemaker
Non-profit
association
An association which is established for a purpose other than to
make a profit eg a club
Notary public A person recognised by law as having the ability to verify the
signing of a deed, certify copies of documents, and witness
documents from another country
Notice of
assessment
A notice from the Taxation Office which sets out how much tax is
payable by a person
Notice of
intended
marriage
A notice which must be given more than 1 month and not less than
3 months before a marriage.
Notice of
Intention to
Defend and
Defence
A form in the civil courts filed by a defendant to notify the plaintiff
of the intention to defend the claim.
Notice of
intention to
survey
A notice given to the owners of adjoining property of an intention to
carry out a survey to establish boundaries
Notice to
appear
A notice given to a person requiring them to attend at court. It is an
alternative to arrest or complaint and summons.
Nuisance Something which interferes with the right of an occupier of
property to use their property eg noise, smells, dust, smoke, fire
Oath A promise that statements made by a person are true or that the
contents of an affidavit are correct made by swearing on the bible.
A person who has no religious belief or who objects to making an
oath may make an affirmation.
Obscene Language or material (eg publication, photograph etc) which is
recognised by community standards as likely to cause offence
depending on the context.
Obscene
Language
Language which is offensive to modesty or decency; expressing or
suggesting unchaste or lustful ideas; impure, indecent, lewd; which
threatens against the recognised current standards of propriety;
emphasising matters of sex or crime, or calculated to encourage
depravity. The Act contains no definition except indirectly in
defining obscene publication as 'including but without limiting the
generality of its meaning, emphasising matters of sex or crime, or
calculated to encourage depravity'.
Obstruct police To behave in a manner that prevents police officers from carrying
out their duties.
Occupiers`
liability
The liability which an occupier of land may have for things which
occur on the land eg injury to a person from something dangerous
on the land
Offence Something which the law prohibits
Offences
against
morality
Includes prostitution, obscene language and obscene publications
Offender A person who does something which is prohibited by law.
Official
misconduct
Serious misconduct which can lead to criminal charges
Official visitor Persons who are appointed to visit prisons and mental hospitals to
deal with issues raised by prisoners and patients about their
conditions. Each hospital/prison has their own Official Visitor.
Hospital/prison staff can give the contact details of the Official
Visitor.
Ombudsman A person with power to investigate complaints. A government
ombudsman investigates complaints about government and
reports directly to parliament.
On the spot fine A fine which is imposed by issue of a ticket for a breach of certain
minor offences eg parking, littering, traffic offences. If the person
pays the fine, the matter does not proceed to court.
Onus of proof The obligation to prove that allegations made in court are true by
calling evidence to support the allegations. In criminal cases, the
prosecutor has the burden of proof and the defendant is presumed
innocent until proven guilty.
Open court A court open to the public at large. Any person may sit in court and
watch the proceedings
Other
significant
people
A person, other than a parent, who plays an important role in the
upbringing of a child
Ouster order A domestic violence order that has the effect of removing the
respondent spouse from the premises where the aggrieved
spouse and respondent spouse reside together.
Outlays A payment made. Often used in a solicitor's account to describe
payments made by the solicitor on the client's behalf - sometimes
referred to as disbursments.
Paramount
consideration
In each case which comes before it about children, the Family
Court or the Federal Magistrates Court must make a decision
based on what is in the best interests of the child and not
necessarily the wishes of the parents. All circumstances affecting
the child are taken into account.
Parental
responsibility
The responsibility of each parent to make decisions about the
care, welfare and development of their children. These
responsibilities may be varied by agreement or by a court order.
Parental
responsibility
All duties, powers, responsibilities and authorities which by law
parents have in relation to children
Parenting
orders
A parenting order covers parental responsibilities, who the child
lives with, spends time with and communicates with. (See Major
long term issues).
Parenting plan A written agreement between the parties setting out parenting
arrangements for children. It is not approved by or filed with a
court.
Parenting Plan A parenting plan is a voluntary written agreement, signed and
dated by the parties that deals with any aspect concerning the
care, welfare and development of the child.
Parole The release of a prisoner before the completion of their
imprisonment. Conditions are attached to the parole, which if
broken, can result in criminal charges.
Particulars Details of a court action or a defence which are necessary to
inform the other person as to the extent of their case
Partition and
sale
An order by the court as to who owns land and the extent of
ownership, and the terms of sale
Partner A person who carries on a common business with at least one
other person, where the business is not run by a company
Partner One party of a married or defacto relationship between two
persons (whether of the same sex or a different sex)
Partnership A business which is carried on by more than one person , and
where it is not run by a company
Party or Parties A person or legal entity, such as a corporation, involved in a court
case; for example, the applicant or respondent.
Party to the
Hague
Convention
Any country which has signed a treaty to be part of the Hague
Convention
Party/Party
Costs
Those costs ordered by the court to be paid to the successful
person by the loser.
Passport A document in booklet from issued by the government which
identifies the bearer and enables that person to travel overseas
Patents A form of recognition by the government that a person has the
exclusive use and benefit of a new invention
Paternity Fatherhood
Paternity Legal determination of fatherhood. Paternity must be determined
before a court can order child support or medical support
Patient Review
Tribunal
The tribunal which reviews a person's detention in a mental
institution as an involuntary patient
Pay as you
earn tax
Tax paid from a person's wages each week. Abolished as of
01/07/2000 and replaced by Pay As You Go tax
Pay as you go
tax
A single intergrated system for reporting and paying income tax
installments. Introduced on 01/07/2000 - it replaces 11 tax
schemes including provisional tax and pay as you earn tax
Pay by
Instalments
To pay something in more than one payment usually in a series of
payments over time
PAYE Pay as you earn tax payments
Payee This is a term used by the Child Support Agency. It refers to the
person who receives child support or child maintenance for a child
in their care. See also "carer."
Payer This is a term used by the Child Support Agency. It refers to the
person paying child support or child maintenance. See also "liable
parent."
Peace & Good
Behaviour
Order
An order made by the Magistrates Court that a person be of good
behaviour and keep the peace towards another
Penalties The consequence for breaking the law.
Penalties &
Sentences Act
The Act of Parliament which sets out the principles for sentencing
offenders and the sentencing options
Penalty tax
Penalty unit A penalty for an offence may be expressed in a certain number of
penalty units payable as a fine. Each unit represents a set amount
of money which changes from time to time. The current rate is
$100 for State matters and $110 for Commonwealth matters.
Pension A long term support payment lasting for a person's lifetime or until
they become ineligible eg single parent whose child turns 16.
Periodic
maintenance
Money paid for the support of another person in fixed amounts at
regular intervals of time
Perjury The giving of false evidence in any judicial proceedings
Permanent
Resident visa
A visa which entitles a person to live permanently in Australia
Person A person at law includes a natural person and also an entity which
is recognised as having a legal personality such as a company.
Personal
guarantee
An agreement by a person that they will pay a debt which would
not otherwise be payable by them eg a director of a company may
agree to be personally liable for a companies debts
Personal injury An injury to a person. Can include psychological injuries as well as
physical injuries
Personal loans A loan made without the requirement for any security to be given
Personal
Matters
Includes lifestyle matters (eg where one lives, day to day issues)
and health matters (eg obtaining health care or consenting to
health care or treatment).
Personal
Property
Property which is not real property (ie all property other than land)
Personalty Property which is not real property (ie all property other than land)
Petitioner The person who initiates the divorc
Physical
custody
The day-to-day rights and responsibilities associated with having
your child in your home and being responsible for his or her care
and upbringing.
Plaint A document which starts civil court proceedings in the Magistrates
and District Courts
Plaintiff A person who brings a civil claim in court
Plea of guilty A statement by an alleged offender that they have committed the
offence with which they are charged
Plea of not
guilty
A statement by an alleged offender that they do not admit to
having committed the offence with which they are charged.
Police
prosecutor
The police officer responsible for appearing in the Magistrates
Court to bring charges against an alleged offender
Policy A contract of insurance
Post Prison
Community
Based Release
Order
(A) a release to work order; or (b) a home detention order; or (c)
an exceptional circumstance parole order; or (d) a parole order.
Power of
Attorney
A legal document by which a person appoints another person to
act on their behalf in property and financial matters
PPS Prescribed Payments Scheme of payment of tax.
Pre hearing
conference
A meeting convened by a court officer with the people involved in
court proceedings and their lawyers to try and resolve a dispute
which would otherwise proceed to a court hearing.
Pre sentence
Report
A report to assist the court in deciding what sentence to impose on
a person convicted of an offence.
Pre-accident
value
The value of a motor vehicle in its undamaged condition
immediately prior to an accident.
Precedent A decision made by a judicial officer, which may serve as an
example for other cases or orders.
Premium The sum of money paid for an insurance policy
Prenuptial
agreement
An agreement entered into before marriage that sets forth each
party's rights and responsibilities should the marriage terminate by
death or divorce Also called a premarital agreement.
Prescribed
payments
scheme
Tax which must be deducted when paying some trade contractors
Presumption of
parentage
In relation to child support and child maintenance matters
"presumption of parentage" refers to the specific presumptions
which are noted in law and which are sufficient means of
presuming someone is the father or mother of a child. In child
maintenance and child support cases this must often be proven
before the issue of financial contribution (child maintenance or
child support) is considered.
Presumption of
paternity
A presumption made by the law that a person is the father of a
child.
Prima facie
case
A case which on its face is sufficient and evidence is required to
prove otherwise
Principal A person who appoints an agent
Priority
Housing
Allocated to a person with special circumstances
Prisoner A person who is held in custody in prison
Private
property
Property which is owned privately and to which the public does not
have access or has access only on limited conditions with the
consent of the owner/occupier
Private Schools Schools which are owned and operated by private agencies rather
than government
Privilege The legal entitlement to do what is usually unlawful eg defamation
by a member of parliament, or to be exempt from something which
the law usually requires (eg solicitor not obliged to give evidence
in court of client's instructions)
Pro per A short form of "in propria persona." Refers to persons that
represent themselves in court without lawyers.
Pro Se To represent yourself in court proceedings without an attorney.
Probate The formal proving of a will, which indicates acceptance by the
court that the will is valid. Usually an administrative procedure in
the Supreme Court
Probation A person is released after conviction on the basis that they are
subject to the directions of a correctional services offer and other
conditions eg. Reporting, undertaking a course etc
Procedural
order
An order made by a court of a practical nature. For example, the
court may order the parties to attend family dispute resolution.
Process server A person who serves court documents by handing them to the
person concerned
Process server A person that serves court papers on a party to a lawsuit
Producing
drugs
Growing, preparing, manufacturing, packaging and production of
drugs
Professional
conduct
Conduct is unprofessional if there is serious neglect or undue
delay, or the charging of excessive fees or costs, or the charging
of excessive fees or costs, or failure to maintain reasonable
standards of competence or diligence
Professional
Standards
Committee
A committee of the Law Society responsible for maintaining
professional standards of solicitors and for determining whether
disciplinary proceedings are taken against solicitors.
Prohibited
contact
Contact with a person may be restricted or banned by the court
Prohibited
marriages
Bigamy or marriages between people in a prohibited relationship
eg brother/sister, parent/child
Proof of
parentage
In relation to child support "proof of parentage" refers to proof
which is sufficient for the purposes of the Child Support Agency to
enable the carer to apply for an administrative assessment of child
support. It can include the father's name being entered on the
child's birth certificate as father, a signed statutory declaration. In
child maintenance and child support cases this must often be
proven before the issue of financial contribution (child
maintenance or child support) is considered. A DNA report of itself
is generally not sufficient or proof of parentage for the purposes of
the Child Support Agency.
Proof of
paternity
Proof that a person is the father of a child, usually done by DNA
testing.
Proof of
service
The form filed with the court that proves that court papers were
formally served on (delivered to) a party in a court action on a
certain date.
Property
damage
Damage to any form of property
Property
Settlement
An agreement between the two parties as to the division of assets.
Property
Settlement
The division of the property of the husband and wife after
separation whether by agreement or court order. To be final must
be done in approved forms.
Proposed
resumptions
A notice by the government that it will compulsorily take land
belonging to a person and will pay compensation.
Prosecution The bringing of a court action against a person
Prosecutor The lawyer representing the state who tells the court the police
version of the case.
Protection
Order
An order made for the protection of a person, usually refers to a
Domestic Violence Order, but can refer to an order by the court
that a person's affairs be managed by the Public Trustee.
Protective
supervision
Supervision by the Department of Families Youth & Community
Care of parents who are permitted to keep their children where a
care and protection application has been made to ensure the
welfare of the children
Provisional
licence
A licence which is held on a limited basis. Eg for a period
following first obtaining a licence or for a limited purpose eg a
work licence/day licence
Provisional tax Tax paid in advance by non PAYE taxpayers. Abolished as of
01/07/2000 and replaced by Pay As You Go tax.
Provocation A defence to some violent offences because a person cannot be
held fully responsible for their actions because they have
reasonably lost self control due to another person's actions
Public Housing Housing provided by the government for low income persons
Public liability
insurance
Insurance which provides cover for liability which a person has to
another eg the liability of an occupier of premises to a person
injured on those premises where the injury is due to the dangerous
condition of the premises.
Public place A place open to the public. It may be privately owned premises if
they are generally open to the public.
Public Schools A school operated by the government
Public Sector The term used to refer to government departments and agencies
Public servant A person employed by government
Public Trustee A government agency which provides a trustee service eg
administration of estates, handling of affairs of people lacking legal
capacity. Also does wills and powers of attorney.
Purchaser A buyer
Qualified
counsellor
Counsellors approved to provide counselling under the Family Law
Act.
Qualified
counsellor
certificate
A certificate given by a qualified counsellor that counselling has
taken place.
Qualified
privilege
A limited legal entitlement to do what is usually unlawful eg
defamation by a member of parliament, or to be exempt from
something which the law usually requires (eg solicitor not obliged
to give evidence in court of client's instructions)
Quantum Amount
Quid Pro Quo The giving of one valuable thing for another. (From the Latin
meaning "what for what")
Quote An estimate of how much a job will cost.
Racial
Discrimination
Act
An Act of the Commonwealth Parliament which prevents
discrimination on the basis of race
Real Estate Land including all things which are permanently fixed to the land
eg house, unit, shed etc.
Real Property Land including all things which are permanently fixed to the land
eg house, unit, shed etc.
Reasonable
Care
The standard of care required to be observed by a person in any
situation. Will differ depending on the circumstances
Reasonably
practical
(parenting
orders)
Before making a parenting order, the Family Court must consider if
the order is reasonably practical. Some matters the court must
take into account are how far apart the parents live, the impact of
the arrangements on the child and how the parents communicate
with each other and the child.
Rebuttal The act of rebutting or contradicting in a legal suit.
Rebuttal The act of rebutting or contradicting in a legal suit.
Rebutted To prove that something is not the case
Recognisance An obligation acknowledged before a court
Recognisance
release orders
Conditional release orders available for prisoners serving
sentences for offences committed after 1st July 2001.
Recognised
agreement
A written agreement signed by the defacto spouses and witnessed
by a justice of the peace or solicitor and contains a statement of all
significant property and financial resources and liabilities.
Recording of
conviction
A note is made that a person has been convicted of an offence
and will later appear on that person's criminal history
Recovery order An order that a child be returned to a person
Referee A court officer, either a registrar or magistrate who presides over
the small claims tribunal.
Refuge A place where a person may go when leaving a violent home
situation
Refugee status Acknowledgment by the government that a person is a refugee
and therefore entitled to remain in Australia
Refund Return of a payment
Register of
Encumbered
Vehicles
A Register of vehicles where a finance provider claims an interest
in a vehicle as security for a loan
Registered
agreement
An agreement registered with the court
Registrar A court lawyer who has been delegated power to perform certain
tasks; for example, grant divorces, sign consent orders and decide
the next step in a case.
Registrar An officer of the court who deals with matters of mostly an
administrative nature
Registrar-
Generals office
The office which maintains the register of all births, deaths and
marriages in Queensland. Civil marriage ceremonies can be
conducted at this office.
Registrar of
Births Deaths &
marriages
The public official who maintains the register of all births, deaths
and marriages in Queensland
Registration
Number
The number given by the Department of Transport to identify a
vehicle
Registration of
vehicle
The process by which a fee is paid to the Department of Transport
and if the vehicle is in roadworthy condition, then a number is
given to identify the vehicle
Registry That part of the court where all documents are filed
Regulated
patient
Patients that have been involuntarily admitted to hospital for
mental treatment
Regulated
superannuation
funds
Funds able to accept investments for superannuation
Regulatory
offence
An offence under the Regulatory Offences Act. Includes
shoplifting, leaving a restaurant/hotel without paying and damage
to property
Rehabilitation
period
The period after which a person is not obliged to disclose some
criminal convictions
Rehearing A second hearing for the same matter
Relatives In family law matters, a relative includes grandparent, uncle/aunt,
nephew, niece, cousin, step-parent, brother, sister, half
brother/sister, step brother/sister.
Release to
work
Prisoners are permitted to leave prison to attend work
Remand The period of time before a criminal charge is finally dealt with by
the court
Remedy The thing which compensates a person for a breach of their legal
rights eg damages, injunctions
Remission A reduction in the time to be served on a sentence of
imprisonment due to good behaviour by the prisoner
Removal of
disqualification
A person becomes is no longer prevented from obtaining a drivers'
licence
Rent Money paid to the owner of property for the use of the property
Rent
assistance
Money paid by government to subside rent paid by low income
people who are not in public housing
Rental bond Money paid by a tenant as security for them to abide by the
conditions of the rental agreement
Rental Grant Money paid by government to assist in payment of rent
Repeal Cancel
Reporting
conditions
Conditions attached to bail or probation or parole that a person
must report to an official at a specified intervals
Repossession The taking of property by a finance provider where the borrower
has not fulfilled their obligations eg non-payment
Reprimand The court may reprimand a child instead of convicting them. A
note of the reprimand is kept and will be taken account of if the
child reoffends
Repute Reputation or usage; the name by which a person is commonly
known.
Request for
Production
Part of the Discovery process in which one attorney asks for the
other side to produce documents they deem necessary to the
case, such as financial documents.
Rescission The cancelling of a contract usually by one person after breach of
contract. The other person may be entitled to damages to return
them to their position prior to the contract
Residence From 1 July 2006, the term ‘residence’ is replaced with the term
who the child ‘lives with’.
Residence
Order
An order by the court specifying where a child should live. From 1
July 2006, a residence order is replaced with the term 'parenting
order'.
Resist arrest Physical resistance, not refusal to obey or arguing, can include
pulling away, refusing to move, or going limp
Respondent A person named as a party to a case. A respondent may or may
not respond to the orders sought by the applicant.
Respondent A person against whom a claim is brought in the Small Claims
Tribunal
Respondent
spouse
A person against whom an application for a Domestic Violence
Order is made
Restitution Money paid to compensate for loss
Restraining
Order
An order which prevents a person from doing something, usually
refers to a Domestic Violence Protection Order
Restricted
contact
Contact with a person may be restricted or banned by the court
Restricted
licence
Allows a person convicted of a drink driving or related offence to
drive for employment purposes. Also known as provisional, day or
work licence
Restricted
patient
Patients believed by the Director of Mental Health to be dangerous
to themselves or others who cannot be released without special
approval
Restricted
provisional
licence
Allows a person convicted of a drink driving or related offence to
drive for employment purposes. Also known as provisional, day or
work licence
Resumption of
land
Where the government compulsorily takes land belonging to a
person and will pay compensation.
Retainer The fee paid to an attorney or other professional for their services,
sometimes representing advance payment for anticipated future
services.
Retainer A contract between a lawyer and a client
REV A Register of vehicles where a finance provider claims an interest
in a vehicle as security for a loan
Review A reconsideration of a matter
Revocation of
Protection
Order
The cancelling of a Domestic Violence Protection Order
Right of
survivorship
The right of a joint tenant to sole ownership of property after the
other joint tenant(s) die
Rules A set of directions that outlines court procedures and guidelines.
The rules of the family court are the family law rules 2004 and the
rules of the federal magistrates court are the federal magistrates
court rules 2001.
Rules of
evidence
Rules about what facts can be put before a court
Salvage value The value of an item after it has been damaged
Scale of Costs A scale, published as part of court rules, which sets out fees that
can be charged by solicitors in the absence of any agreement to
the contrary
Schedule 1
drugs
Drugs set out in Schedule 1 of the Drugs Misuse Act which attract
more severe penalties because of their dangerous nature eg
heroin, cocaine
Schedule 2
drugs
Drugs set out in Schedule 2 of the Drugs Misuse Act which attract
less severe penalties eg marijuana, amphetamines
Seal of office An official stamp which is issued to Justices of the Peace, Notaries
Public, Commissioners of Declarations which they place on official
documents they sign
Search warrant A document which enables police to search premises and/or
vehicles and/or persons and to seize things found which may be
used as evidence
Secured
Creditor
A creditor who hold security over a debtor's property eg a
mortgage
Secured debts Debts where a debtor has given security to the creditor eg a
mortgage
Security Something which secures an obligation, eg payment of money or
a mortgage over land
Security for
costs
Guarantee for the payment of court costs or money paid into court
in anticipation
Security guard A person who provides private protection of premises or people
and is required to be registered. Entitled to carry weapons.
Sedition Material which incites disaffection, hatred or contempt of the
sovereign
Seizure The taking of items, usually by police of items found in a search
which are to be used as evidence of an offence
Self defence Use of reasonable force to prevent an assault from an other
Self employed A person who is not employed by another person, business or
organisation
Sentence The penalty for committing an offence
Separate
property
Generally, property owned by either spouse prior to marriage or
acquired by them individually, such as by gift or inheritance, during
the marriage.
Separate
Representative
A solicitor appointed by the Children's Court to represent the best
interests of the child.
Separation Separation occurs when at least one person in a relationship
makes a decision to separate, acts upon the decision and
communicates the decision to the other person
Separation
date
The date of separation for divorces or registered domestic
partnerships is when one spouse (or both) or one partner (or both)
decides that the marriage or partnership is over and takes some
actions to show this (like moving out of the house).
Separation
under one roof
Separation may occur although the people remain living in the
same house.
Sequestration
order
An order removing property from a person
Served The delivery of court papers to a person
Service The process of sending or giving court documents to a party after
they have been filed, in accordance with the rules of court. Service
ensures that all parties have received the documents filed with a
court.
Service The delivery of court papers to a person
Serving The delivery of court papers to a person
Set off A claim for a specific amount of money raised by a defendant in
defence to a claim
Settlement When all that is needed to be done between two parties to effect a
transfer of property takes place eg payment of money in
exchange for the title to property. Typically used to refer to a
financial agreement between ex-spouses.
Sever joint
tenancy
To end a joint tenancy
Severing a
tenancy
The ending of a tenancy
Sex
Discrimination
Act
The Act of the Commonwealth Parliament which prohibits
discrimination on the grounds of sex, marital status or pregnancy
Sexual
harassment
Any form of sexual attention that is unwelcome
Sheriff An official of the court who is responsible for the enforcement of
court orders and the selection and management of juries
Show Cause Where a person must show a good reason why something should
not occur eg. Licence should not be suspended or cancelled.
Show cause A court order telling a person to appear in court and present any
evidence why the orders requested by the other side should not be
granted or executed
Simple offence A less serious offence, under legislation other than the Criminal
Code.
Sine die An adjournment of court proceedings without a new date being
set.
Slander The publication of defamatory material in a non permanent form eg
by speaking
Social security Financial support provided by the government for people without
other forms of income
Social Security
Act
The Act of the Commonwealth Parliament which establishes the
Social Security system
Social Security
Appeals
Tribunal
A body which hears appeals from decisions made by the
Department of Social Security
Social Security
Fraud
The obtaining of social security payments dishonestly
Sole Custody The custodial parent has the power to make all decisions,
including day-to-day decisions as well as major decisions,
concerning the child(ren)'s health, education and welfare without
notice to and consent from the non-custodial parent. See Joint
Custody
Sole trader A person who trades on their own
Sole use and
occupation
order
An order that either a husband or a wife be entitled to live in a
home formerly occupied by both of them.
Solicitor A lawyer who advises clients and represents them in legal matters.
A solicitor may engage a barrister for court work or for specialist
advice on behalf of the client.
Solicitor/Client
Costs
The costs payable by a client to a solicitor. Usually higher than
party/party costs which a person who loses court action is ordered
to pay.
Solicitor`s Lien The right of a solicitor to hold a client's documents or money until
the solicitor's bill has been paid
Solicitors
Complaints
Tribunal
A statutory tribunal set up to hear and decide charges of
unprofessional conduct or practice brought against a solicitor and
also to resolve disputes over solicitors fees.
Special leave to
appeal
A person who wishes to appeal to the High Court must apply for
special leave to do so.
Special Medical
Procedure
A medical procedure which may permanently affect a person's
quality of life
Special
provisional
licence
A person who has accumulated 12 traffic demerit points in 3 years
may opt to hold a special provisional licence for 12 months instead
of an automatic 3 month suspension.
Specific issues All issues relating to a child other than with whom a 'child lives
with' (residence) and who a child should 'spend time or
communicate with' (contact) eg. Schooling, medical treatment,
name, religious upbringing. From 1 July 2006, this term is now
replaced with ‘major long term issues’.
Specific Issues
Order
An order by the court about specific issues relevant to a child.
From 1 July 2006, this order is now known as ‘Major Long Term
issues’ order.
Specific
questions
A list of questions may be delivered in Family Court proceedings
seeking answers relevant to matters in dispute in the proceedings.
Speculative
basis
A solicitor agrees not to charge a fee unless a case is successful
Spousal
maintenance
Money paid by one spouse to another for their financial support
after separation
Spousal
support
Financial payments made to help support a spouse or former
spouse during separation or following divorce Also called alimony.
Spouse A husband or wife
Stage 1 Stage 1 of the Child Support Scheme refers to matters where the
parties separated and the children of that relationship were born
before 1 October 1989.
Stage 1 child
maintenance
Maintenance for children born before 1.10.89 and whose parents
separated before 1.10.89 and who have no siblings born after
1.10.89. The amount payable must be ordered by a court if not
agreed
Stage 1
Maintenance
Maintenance for children born before 1.10.89 and whose parents
separated before 1.10.89 and who have no siblings born after
1.10.89. The amount payable must be ordered by a court if not
agreed
Stage 2 Stage 2 of the Child Support Scheme refers to matters where the
parties separated or at least one child of that relationship was born
on or after 1 October 1989.
Stage 2 child
Support
Maintenance for children born after 1.10.89 or whose parents
separated after 1.10.89 or who have siblings born after 1.10.89.
The amount payable is assessed by the Child Support Agency if
not agreed
Stage 2
Maintenance
Maintenance for children born after 1.10.89 or whose parents
separated after 1.10.89 or who have siblings born after 1.10.89.
The amount payable is assessed by the Child Support Agency if
not agreed
Stalking A form of harassment designed to intimidate, torment and cause
fear in another person
State courts Courts operated by the State Government
Statement of
Claim
The document which sets out the details of a claim made by
person in a court action
Statute An Act of Parliament
Statute barred No legal action is available because of the operation of an Act of
Parliament eg a time limit
Statutory
Declaration
A written statement of facts which the person making it signs and
solemnly declares to be true. It is affirmed by the declarant and not
sworn and must be witnessed by a justice of the peace, a
commissioner for declarations, a notary public, or a lawyer.
Statutory
Health
Authority
A person empowered by statute to make decisions about health
matters for a person who does not have the decision making
capacity.
Stay A stay order can be sought by a liable parent seeking a departure
from a child support assessment. This puts the collection of child
support ‘on hold' until the departure is heard by the Departure from
Assessment Team.
Step parents The spouse of a child's parent who is not a parent of the child
Step relations The relations of a step parent
Sterilisation A medical procedure which ends a person's ability to have children
Stipulation An agreement entered into by the divorcing spouses that settles
the issues between them and is often entered into the court's final
judgment and decree.
Street Offences The name given to a range of less serious offences committed in
public
Strict liability Liability which arises regardless of intention or fault of a person
Strip search A search of a person which requires them to remove their clothing.
Student visa A visa entitling a person to live in Australia while they are a student
Subcontractor A person who contracts to perform part of the work which another
person has contracted to do for a third party
Sub judice Under consideration by a court. This usually means that no public
comment can be made about the issue.
Subpoena A document issued by a court, at the request of a party, requiring a
person to produce documents and/or give evidence to the court.
Subpoena A court order which requires a person to appear in court to give
evidence or produce documents.
Substantial and
significant time
In family law matters, substantial & significant time refers to the
time a child spends with a parent who they do not live with. It
includes time spent during the day and overnight, weekends, time
during the week, holidays, special occasions (e.g. Birthdays,
weddings). It also includes time allowing a parent to be involved in
the child’s daily routine.
Substituted
service
An order by the court that a document which is usually required to
be served personally can be served in another way eg by post,
fax or leaving a document with a family member
Sue To take legal action against a person
Summarily In the Magistrates Court
Summary
offences
Less serious offences must be heard in the Magistrates Court
Summary trial A trial in the Magistrates Court
Summons Written notice to appear in court either as a defendant or a
witness.
Summons A document which requires a person to attend at court
Superannuation A method of saving money towards retirement while working
Superannuation
fund
The company or trustee which administers superannuation
Supervised
Release Order
A period of the detention order is served in the community under
supervision.
Supply of drugs Giving, distributing, selling, administering or transport of drugs
Support Person In family law matters, a support person is someone over the age of
18 years who provides practical or emotional assistance to another
person.
Supreme Court The Court which deals with the most serious crimes eg murder
and which deals with civil claims of amounts exceeding $250,000
Supreme Court
Sittings
The name given to a period of weeks in which the Supreme Court
hears cases from the list of cases waiting to be heard.
Surety A person who puts up a sum of money to guarantee that either
themselves or another person will appear in court when next
required. If the person does not appear, the money is forfeited
Suspended
sentence
Where a term of imprisonment is imposed, but a person does not
go to jail providing they do not commit another offence for a
specified period of time
Suspension A notice that a person may not drive under their licence for a
period of time.
Swearing The making of an oath
Tax free
threshold
The amount of money which a person may earn before they are
liable to pay tax
Taxable form A form of setting out a solicitor's bill so that it can be seen what
charge is made for each item of work
Taxation The levying of tax by the Government
Taxation of
costs
The procedure where a court officer goes through a solicitor's bill
to decide if it is reasonable
Temporary
Protection
Order
An order made by the court which imposes conditions on a person
designed to prevent domestic violence eg that a person not
contact their spouse. The order is in force until a final decision is
made by the magistrate.
Tenancy The right to occupy property, usually in exchange for rent.
Tenancy in
common
The ownership of property by people who each own a defined
share of the property. That share may be left in a will. Not the
same as joint tenancy.
Tenant A person who rents property
Tenants in
common
People who each own a defined share of property. That share may
be left in a will. Not the same as joint tenancy.
Tender An offer to pay money
Termination The end of something, usually refers to contracts
Termination
agreement
A writen agreement, made, before, during or after marriage, which
terminates a prior financial agreement.
Testamentary
Capacity
The capacity to make a will
Testamentary
guardian
A person appointed in a will to be the guardian of a child. This
does not prevent the Family Court from making an order for
another person to have the responsibility for the long term and the
day to day care of the child
Testamentary
Trust
A testamentary trust is a legal entity created as specified in a
person's will, and is occasioned by the death of that person. It is
created to address any estate accumulated during that person's
lifetime or generated as a result of the death itself,
Testator A person who makes a will
Testator`s
family
maintenance
Where family members apply to court for a portion of an estate
because the deceased did not provide for them adequately
Testatrix The old term used for a woman who makes a will
Threats A statement made by a person or an action of a person indicating
that they will cause harm
Time limits Where certain actions must be brought within time limits set by law
. The time limits differ depending on the type of matter.
Time with Formerly known as 'contact', it is the occasions or moments when
a child spends with the parent they do not live with or with anyone
else who plays an important part in their life.
Tort A legal wrong which is not an offence, but which may give rise to a
liability for civil compensation eg negligence
Trade In An item which is used as part payment of the purchase price of
another item.
Trademarks A distinctive symbol, slogan, logo, mark, emblem, stamp or device
attached to or accompanying an article to indicate that it is
manufactured, selected or sold by a particular person or company.
Can be registered
Traffic history A sheet which sets out all of the traffic offences committed by a
person
Traffic offence A breaching of a traffic rule or regulation
Transcript A record of the spoken evidence in a court case. All court hearings
are recorded, except uncontested divorce hearings. The court
does not order transcripts in all instances and does not provide
transcripts to parties. If a party orders a transcript, they will be
responsible for the costs.
Transfer of
Registration
The form issued by the Department of Transport which a buyer
and a seller sign which formally transfers ownership of the vehicle
on the Register maintained by the Department of Transport.
Travel visa A visa which allows a person to stay temporarily in a country
Trespass Entering on to or remaining on land without the consent of the
owner or lawful occupier
Trial A hearing in court when all evidence is heard and a final decision
is made
Trial date The date on which a trial ie court hearing is due to take place
Tribunal A body set up to hear and decide disputes
Trust An obligation recognised at law, upon the legal owner of property,
to hold property wholly or partly for the benefit of another person.
Trust Account An account into which moneys which are held on trust are
deposited. Used by solicitors to deposit money which a client
provides for conducting a case until the money is needed.
Trust property Property which is held by the legal owner wholly or partly for the
benefit of another person
Trustee A person who holds property for the benefit of another person
Ultra vires Beyond power. An act done by an agency of government which it
is beyond their authority to do is described as ultra vires
Unconditional
contract for
sale
A contract for sale which is not dependent upon any conditions
being fulfilled in order for it to proceed.
Uncontested When all issues have been resolved in a manner acceptable to
both parties, the divorce is said to be Uncontested.
Under the
influence
A person who is affected by alcohol or a drug
Undertake To promise, usually in the course of legal proceedings, to do or
refrain from doing an act.
Unfair contract An unfair contract includes arrangements collateral to Contract
and Contracts which become unfair by the parties conduct and is a
contract that is harsh, unconscionable or unfair, or is against the
public interest, or provides for the remuneration less than an Act or
Award, or is designed to avoid an award.
Unfair
dismissal
Dismissal of an employee by an employer on grounds which were
not justifiable or in some cases in a way which was procedurally
unfair.
Unlawful
dismissal
An employee's dismissal from employment is unlawful if it is for an
invalid reason.
Unlawful non-
citizen
A person who has no legal authority to be present in Australia, eg
an illegal immigrant, or a person who has overstayed their visa
conditions
Unlawfully
killed
Killed in breach of the law
Unlicensed
driving
Driving without holding a current drivers licence
Unliquidated Unascertained or undetermined. Usually used to describe a
general claim for damages.
Unsecured
creditor
An individual or institution that lends money without obtaining
specified assets as collateral.
Unsecured
debts
Debts for which a creditor does not hold security over any property
of the debtor
Unsound mind A person incapable of understanding the effect of their actions is
said to be of unsound mind.
Vagrancy Having no visible means of support
Valid marriage A marriage performed in accordance with the legal requirements of
the place where the marriage occurred
Variation To change a child maintenance order or court registered deed of
agreement. A variation can be an increase or decrease of the
amount of child maintenance payable.
Variation of
maintenance
A change to an order of the court to pay maintenance.
Variation of
Protection
Order
A change to a Domestic Violence Protection Order either to make
it more restrictive (eg to go from restricted contact to no contract)
or to make it less restrictive (eg to go from no contact to contact
for dropping of children for contact visits)
Veterans
Review Board
A body which hears appeals from decisions made by the
Department of Veteran's affairs in relation to veterans entitlements
Vexatious
complaint
A complaint which is made without a reasonable basis and for the
purpose of causing annoyance
Vicarious
liability
Liability for the actions of another person eg liability of an
employer for actions by their employees
Victim impact
statement
A statement presented to the court which outlines the effect of a
crime upon the victim
Victim of Crime A person who has a crime committed against them.
Victim support
group
A group to provide personal support to victims of crime
Violence
Restraining
Order (VRO)
A Violence Restraining Order is an order made by the
Visa Court to restrain a person (known as the respondent or
Visitation The time that a noncustodial parent spends with the children.
Void When an order is made, the person bound) from either
Voir dire Committing an act of abuse, breaching the peace, causing
voluntary
bankruptcy
Fear, damaging property or intimidating another person
Voluntary
mediation
(Known as the person seeking to be protected).
Voluntary
Patients
Patients who agree to undergo treatment for mental illness
Wages Money paid to employees in exchange for their labour
Waiver The legal document with which one relinquishes a known right,
claim, or privilege.
Warrant An official document which gives the police or other authorised
person power which they may not otherwise have to arrest,
search, seize property, sell property
Warranties A promise that an item meets a certain standard
Watch House The part of the police station where people who have been
charged with an offence are held until they appear in court or are
granted bail
Watch house
keeper
The police officer in charge of the watch house
Weapon An item listed in the schedule to the Weapons Act
Welfare Rights
Centre
A community agency which assists people with disputes with the
Department of Social Security
Will A document which sets out a person's wishes about how their
property is to be distributed upon their death
Winding up The procedure which occurs when a company becomes insolvent
and goes into liquidation whereby all of the assets of the company
are called in to pay its liabilities
Without
Prejudice
"Without prejudice" is used in legal negotiations (eg for a motor
vehicle accident, an offer can be made to pay without admitting
fault for the accident). If the negotiations fail, a person will not be
prejudiced or compromised by concessions or offers made in
negotiations.
Witness A person who is present when something occurs or who gives
evidence of something they have observed or heard or of
something in which they have recognised expertise
Witness
expenses
Money paid to a witness to compensate them for having to take
the time to appear in court
Work licence Allows a person convicted of a drink driving or related offence to
drive for employment purposes. Also known as provisional,
restrictive or day licence
WorkCover The scheme which provides compensation for workers who are
injured in the course of their employment
Worker A person who works under a contract of service and who is a Pay
As You Earn (PAYE) taxpayer
Workers`
compensation
The scheme which provided compensation for workers injured in
the course of their employment prior to the commencement of the
workcover scheme
Workplace
agreement
An agreement which sets out the terms of employment in a
workplace and which is recognised by law
Wound up The procedure which occurs when a company becomes insolvent
and goes into liquidation whereby all of the assets of the company
are called in to pay its liabilities
Writ A document issued in the name of the Queen which commands a
person to do something or to refrain from doing something. Used
to commence an action in the Supreme Court and in other cases
eg a writ of execution for property to be sold
Wrongful arrest The arrest of a person when there is no legal authority to do so
Zoning A system of control over the ways in which land can be used or
developed by creating zones within which only certain types of
development can occur.
Recommended
