Glossary

Lawyers often use technical terms. This guide to common legal words will make it easier for you to understand the law and Victoria’s legal system. It will help you understand the legal information you need to read when you have a legal issue or problem.

Jump to: A B C D E F G H I K L M N O P Q R S T U V W

NOTE: Any word or phrase shown in bold italic type is defined elsewhere in the glossary. Some words have an ordinary meaning as well as the specific legal meaning given here.

A

To reduce, remove or minimise harm to a property, or stop something that prevents the owner of renter using the property fully. To abate a nuisance is to remove or reduce it without violence or unnecessary damage. Abatement is a self-help alternative to bringing a court action.
Stealing someone away from their home, usually a child.
To abolish or cancel something, such as a law, so that it is no longer in force.
The protection given to parliamentary and court proceedings so that any information produced or revealed in them cannot be used as the basis for a defamation lawsuit. See also defence; qualified privilege.
Using a legal right or process in a way that is unfair or improper. For example, starting a court procedure out of malice when the claim has no good legal basis, or causing delay on purpose, to get some advantage over the other party.
A person who has been charged with a crime. Also known as a defendant.
To find someone ‘not guilty’ on a charge in a criminal case.
An action of a debtor that shows they cannot pay what they owe to their creditors.
A natural event such as a cyclone that no-one could see coming or prevent.
A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.
Actions or omissions that must be proved before a court can find someone guilty of a criminal offence. The acts are different for different offences. For example, armed robbery includes the act of using or pretending to use a weapon. See also mens rea.
To present evidence to a court. This may be done by showing something to the court, such as a document or an object, or by asking a witness questions.
To postpone a court case, to move the hearing to another time or another day. Also referred to as ‘standing over’, as in ‘standing the matter over’ or ‘standing down’. If a case is adjourned indefinitely it can only be brought back if one of the parties applies to the court. This was formerly called adjournment sine die.
In a criminal case, a sentencing order which includes a good behaviour bond. A conviction does not go on the defendant’s record if they keep the promises they made in the bond. Also known as a deferred sentence or suspended sentence.
A decision or action by a government department or agency. Government departments are given power by Acts of parliament, and they can only do what is allowed by the Act. If they do things they do not have power to do, their actions can be challenged in a court or tribunal. See also fiat; ultra vires.
Rules that govern the decisions of public officials, covering their powers and functions and the procedures they have to follow.
(1) (wills) Someone who takes legal responsibility for the possessions of a person who has died without making a will, or who is still alive but cannot manage their own possessions.
(2) (companies) A manager appointed by the directors of a company that is in financial difficulty.
(3) A person appointed by VCAT to manage financial matters for a person with disability who lacks decision-making capacity.
A document created by a person to set out their decisions to refuse or consent to particular medical treatment (instructional directive) or set out their values and preferences (values directive), to guide decisions about their treatment and care should they lose capacity to make those decisions.
A way of resolving a dispute outside the court system. There are different kinds of alternative dispute resolution, including arbitration, negotiation and mediation.
The system used to decide court cases in Australia. In this system, barristers for each opposing party question witnesses and present arguments and evidence to the judge, who then decides between them and makes orders about what is to happen. Also called the adversarial system. Compare an inquisitorial legal system. See also barrister; court.
The pleasantness, benefits and enjoyableness of an environment. While individual features such as a toilet block are called ‘amenities’, amenity in planning law is a quality, not a location or a thing. For example, building a toilet block will add to the number of public amenities in the area, but it may also decrease the amenity of the near neighbours.
A person who is not a party to a dispute but appears in a case to help the court, either to advise the court independently (without representing a party) or to help a party pro bono (without charging them) by, for example, explaining complicated laws to them in a balanced way. Also known as a ‘friend of the court’.
A payment or other benefit that is received once a year.
To cancel the legal effect of something, as if it never happened; to make it void. For example, a court can annul a marriage, which means it was never valid, in contrast to making a divorce order, which means a valid marriage is ended.
Prior. Something that happened before.
The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision.
A person who appeals a decision of a court or tribunal to a higher court.
A form of alternative dispute resolution where the parties appoint an independent person (an arbitrator) to sort out their dispute. Arbitration is often the method chosen to solve commercial construction and shipping disputes. It is less formal than a court hearing. An arbitrator’s decision is final and generally cannot be appealed.
Money owed that is due on a certain date and is late being paid (overdue).
To seize a person suspected of breaking the law and hold them in custody. Police have powers to arrest and charge suspected offenders and bring them before a court.
The total of a person’s annual pay and other earnings that is used to calculate the income tax they must pay.
Legal transfer of some right to use property. For example, putting a lease over farmland into another person’s name, or giving another person copyright in a song you have written.
Refuge or protection from persecution, usually in another country. Historically, also a place for the detention and treatment of the mentally ill.
Having escaped from control, for example, a person who has committed a serious offence and has not yet been captured, or who has escaped from legal custody. Animals at large have escaped from secure confinement on their owner’s property.
A court order that tells an employer to hold money back from an employee’s wages and pay it to a creditor. A share of the debtor’s wages go to the creditor every payday until the debt is paid off.
Words in a document that say a witness was there when the document was signed, and that they saw another person sign that document. The witness signs their name next to the attestation clause.
(1) A standard set of working conditions, including pay rates, for a particular industry.
(2) A court decision that a party receive compensation, such as an award of damages to compensate them for physical injuries.

B

A form signed by a person released on bail. It sets out the promises the person has made to the court so they can be released from police control or prison. See also undertaking; surety.
An official, usually based at a police station, who is not a judge or magistrate but has the same power as judges and magistrates to grant or refuse bail to an accused person.
The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking.
Looking after another person’s goods. The person looking after the goods must return them in good condition, as agreed. For example, when you give your watch to a jeweller for repairs, they must look after it until the repairs are done and paid for. Bailment has nothing to do with bail in criminal cases.
More likely than not. The plaintiff in a civil case (a non-criminal case) must prove that what they are arguing is more likely to be true than false. This is called the standard of proof. See also beyond reasonable doubt.
A formal action by either a debtor or a creditor to file for bankruptcy of the debtor.
When a debtor who cannot pay their debts has their money and property taken over and managed by a trustee who uses it to pay back creditors. The debtor is then called a bankrupt.
A lawyer who specialises in giving advice in difficult cases and representing clients in court.
(1) Someone whose money or property is being looked after for them by someone else (called a trustee).
(2) A person who is left something in a will, also sometimes called a legatee. See also trust.
To leave money or other property to someone in a will. For example, a grandmother might bequeath her engagement ring to her granddaughter.
The level of proof (or standard of proof) required in criminal trials. If there is any reasonable doubt about the case made by the prosecution, the offence has not been proved, and the defendant will be found not guilty.
A pre-existing attitude or opinion that favours one side over another in a dispute, so that the judge or other decision-maker is not open to being persuaded.
Honest and genuine.
(1) An undertaking by someone to do or not do something, especially a good behaviour bond, which can be part of a sentence given by a court.
(2) A tenant’s payment of money to a landlord at the start of a tenancy. The bond is held in case there is any damage to the property or the tenant fails to pay rent.
Failing to do what was agreed in a contract.
The obligation on one legal party to prove their case in court. In a criminal trial, this obligation is on the prosecution. The standard of proof is beyond reasonable doubt. In a civil trial, the plaintiff has the burden of proof, and they must prove their claim on the balance of probabilities. The burden of proof is also called the onus of proof.
A document signed by a debtor before entering a loan contract, stating that the credit is for business, not domestic, purposes.
Former name of local laws.

C

The ability to understand and be held responsible by the law for your actions. It also refers to a person’s ability to understand and agree to something, such as to undergo medical treatment. Full legal capacity is reached at 18 years of age, when a child becomes an adult.
Law based on the reasons judges have given for their decisions in court cases, and which judges in later, similar cases are bound to follow. Under the doctrine of precedent, lower courts are bound to follow relevant decisions of higher courts. Case law is also called ‘common law’ and ‘judge-made law’.
‘Let the buyer beware’. In the past, buyers who purchased goods could not easily get a refund if there was something wrong with the goods. These days buyers can get refunds or exchanges much more easily because consumer protection laws say goods must be of reasonable quality, work properly and do what they are supposed to do.
(1) A warning or notice – for example, to a buyer to thoroughly check a product before buying it (see caveat emptor).
(2) A notice filed with Land Victoria warning anyone who searches the land title that someone claims ownership or some other right in the land.
A document created by Land Victoria that gives details of where a piece of land is, who owns it, any mortgage on it, and other restrictions on the title. Certificates of title are official copies made from registers kept for all land in the state. See also transfer of land. See also encumbrance.
An order made by a higher court, such as the Supreme Court of Victoria, that cancels the legal effect of a decision that was incorrectly made by a lower court, public official or authority, or one they had no power to make. Now termed ‘an order in the nature of certiorari’. See also jurisdiction; prerogative writ.
A person who appears in court to give a reference for an accused person. See also witness.
(1) A statement giving the details of a crime an accused person is claimed to have committed.
(2) A personal property security.
(3) A judge’s directions to a jury at the end of a case.
Anything that can be owned as personal property. It may be a leasehold, called a chattel real, or a movable article of property, such as jewellery, called a chattel personal. See also real property; personal property security.
A parenting order that sets out arrangements for the financial support of a child, including making regular payments to the other parent to help with the costs of bringing up the child.
An arrest by any person who is not a police officer or who does not have a warrant to arrest. A person who sees a serious crime taking place can stop the offender committing the crime and keep them under control until the police get there. The rule is based on old case law.
A court case in which one person or organisation sues another for compensation, or for some other court order.
A document given by an insurer to a client as evidence that temporary insurance is in place while the formal policy document is being prepared.
How believable a witness is in court when they claim to be telling the truth. See also independent witness; interested witness.
The fees and interest a consumer will have to pay if they enter into a credit contract, in addition to repayment of the sum borrowed and any interest payable. Includes collection costs, penalty interest and any other amount beyond the sum borrowed.
A contract relating to the giving of credit.
A debt that does not have to be paid until some future time. Being allowed to pay later, in the future, for something you are getting now.
The person or organisation to whom a debtor owes a debt.
An opposing party’s questioning of a witness in a court case. Questioning of your own side’s witness is called examination in chief.
The process by which a superior court can exercise the jurisdiction of another, for example between state supreme courts and federal courts.
(1) A common term for the legal power and authority of the Commonwealth, state and territory governments.
(2) Another name for the prosecution in a criminal trial.
Two or more terms of imprisonment that are served one after the other, not at the same time. See also concurrent sentence.
A prison sentence.
Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds.

D

A court order for money to be paid to someone to compensate them for a loss suffered as a result of a civil wrong or breach of contract. See also aggravated damages; compensatory damages; general damages; liquidated damages; nominal damages; special damages.
In fact, rather than in law. Commonly used to refer to two people living together as a married couple but who are not legally married. They are sometimes said to be in a ‘de facto’ marriage or relationship. See also domestic relationship.
An arrangement between a debtor and a creditor for the repayment of an unpaid debt, often by instalments. Generally negotiated because the debtor has been unable to pay the debt as originally agreed.
Money that is owed by one person or business to another.
A person who owes a debt.
A court’s judgment about the meaning of a point of law in a case. A declaratory order just states the law. It does not itself include a remedy such as damages or an injunction.
The final order in divorce proceedings, made by the Federal Circuit Court. The order states that the marriage has been terminated. Both parties are now free to remarry. See also decree nisi; decree of nullity; marriage.
An order that a marriage is to be terminated in one month. Neither party can remarry until the order is finalised (when a decree absolute will be issued).
Divorce. See decree nisi; decree absolute.
A court order stating that a marriage is not legally valid.
(1) A command given by a public authority.
(2) A court order.
A formal legal document that is used for specific purposes, such as trusts, some types of ownership of land, and agreements where no money is going to be paid. Deeds must clearly state that they are a deed, and they usually include the words ‘signed, sealed and delivered’. They are also called ‘contracts under seal’.
Treated by the law as if something is the case, even if that is not the reality. Compare rebuttable.
To damage another person’s reputation by publishing or communicating false statements about them. The old common law distinction between libel and slander no longer has any legal significance.
Failure to do something that is legally required. For example, a person who fails to make a payment on their car is in default on the loan.

E

A legal right over another person’s land. Easements are usually listed on a property’s title. For example, a right of way to walk or drive across a property to get to another place is an easement.
An action by an owner to get their land back, sometimes involving evicting a tenant or a squatter from the property.
A legal restriction, such as a mortgage, that prevents the owner from freely dealing with real estate or other property.
To support or approve something; to write on and sign a document to indicate its authenticity or ownership, or to indicate willingness to be bound by it.
Written authority given to a person to make decisions on behalf of another person. The authority remains valid even when that person is no longer mentally competent. The power applies to personal or financial matters or both. See also power of attorney; supportive attorney.
To make people obey a law or the terms of an agreement, using police powers or court orders.
A request you can make to Fines Victoria that a fine be resolved without you paying it. It can be made only after a fine has been registered by an enforcement agency with Fines Victoria.
Action by a law enforcement officer that tricks or encourages someone to commit an offence that they would not otherwise have committed.
See estoppel.
(1) Fairness and justice.
(2) A right to property that the court will recognise even though it does not amount to full legal ownership.
(3) A set of legal rules that aims to reduce any harshness that would result from strict application of the law.
All the property a person has, including real property and personal property. It is often used to describe property belonging to someone who has died, or the property of a bankrupt.
(1) In general, not being permitted to make (being stopped from making) a particular argument or claim in court.
(2) Equitable estoppel: stopping someone going back on what they did or said they would do, when what they said has been relied on by another person who would be disadvantaged if the situation changed.
The lawful removal of a tenant from a property. If a tenant who has been lawfully told to leave refuses to leave, the owner can take possession back by asking a court to issue an order. The order can then be enforced by the Sheriff’s Office.
Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects.
Done as a favour, without any legal obligation to do so.
An application to a court made by one party only, where the other party is not present or does not yet know about the court action.
A party’s questioning of their own witness in a court case. Questioning of the other side’s witness is called cross-examination.
The amount a person does not get back from the insurer when they make a claim on their insurance.
A term in a contract which tries to exclude rights or avoid liabilities. It is also sometimes called a ‘limitation clause’. Many of these clauses are void, especially in consumer contracts.
The person named in a will as the one who must ensure that the deceased person’s intentions, as stated in the will, are carried out.
A court order that a wrongdoer pay the victim a larger amount of damages than would be needed just to compensate them for their loss. Its purpose is to punish the wrongdoer and make an example of them. See also general damages; special damages.
A document or thing that is provided as evidence in a court case or referred to in a sworn statement.
Out of marriage; illegitimate. Used to describe a child born of the couple.
A verbal or written promise made about a product when it is offered for sale, which would naturally encourage people to buy the goods. Breach of an express warranty can give rise to a right to sue for damages.
The deportation of a non-citizen from a country, or the permanent removal of a person from an organisation or place, especially the expulsion of a student from school. Compare suspension.
The process of allowing an accused person in one country to be taken into custody and sent for trial in another country where it is alleged they committed an offence.

F

Legitimate use or reproduction of copyright material by someone other than the copyright owner, for specific purposes (parody or satire, study or research, criticism or review, or reporting the news).
Without lawful authority, keeping someone locked up or confined, preventing them leaving against their will. A common law action challenging the legality of someone’s imprisonment seeks a writ of habeas corpus.
A court order made to protect a family member from violence, intimidation or harassment by restraining a person from harmful or annoying conduct towards that family member. See also intervention order.
An official authorisation to do something, issued in the name of a government official.
An obligation to act honestly and for the benefit of another person. The duty only applies to certain relationships where a fiduciary relationship exists.
A person detained in a mental hospital or institution after being found unfit to stand trial, or found not guilty because of mental illness or intellectual disability.
A method of collecting evidence, such as taking fingerprints or getting a DNA sample, from a person suspected of committing an offence, or by examining a crime scene and collecting samples.
A business arrangement where a person who has worked out a successful business model sets up a chain of businesses and sells licences to others to operate using the same model and branding.
An intentionally dishonest act, or lack of action, done to deceive someone and bring some advantage over those who have been deceived.
The right to join or choose to be identified with some group with a common interest. Equally, the right not to belong.
The right of any person to access documents held by government agencies, except documents excluded by legislation.

G

The practice of making a higher offer on a property after the vendor has agreed on a purchase price with another buyer, and having the higher price accepted. The first buyer has then been gazumped, and loses the deal.
Part of the money a court orders a defendant to pay as compensation. General damages cover losses that cannot be calculated exactly, such as money for pain and suffering, disfigurement or loss of earning capacity or enjoyment of life. See also exemplary damages; special damages.
The steps that need to be followed by someone with a complaint against an organisation, for example an employer, government department or agency.
A binding promise made as reassurance that another person will carry out their legal obligations (for example, paying a debt). The person making the promise is called a guarantor. If the person being guaranteed fails to pay, the guarantor becomes responsible for the debt.
(1) Someone who is appointed to make decisions about personal matters of a person with disability.
(2) Someone who is responsible for a child.

H

See false imprisonment.
A collection of documents that the prosecution must give to the accused person in a criminal case and also provide to the court. The brief must contain all the charges and a summary of evidence that will be used against the accused. See also service.
The time and place at which a court or tribunal hears the parties argue their case and makes a decision.
Statements about something that has not been seen or heard by the witness, but has been told to them by another person. Hearsay evidence is usually not allowed in court.
A contract that requires a buyer to purchase goods by making instalment payments. The buyer only owns the goods after they have made the final instalment payment.
(1) An agreement to pay for the temporary use of something; for example, a car. Also called renting or leasing.
(2) To employ someone to do work.
In a criminal case, a sentence imposed by the court that a person be admitted to a mental hospital as an involuntary patient. Also known as a hospital security order.

I

Evidence collected by police to help identify a person suspected of committing an offence. This may include fingerprints, voice recordings, handwriting samples or photographs.
A police line-up. A group of people that includes a suspect and several other people who look similar but have nothing to do with the case. A witness who saw an offence being committed is asked to say whether anyone in the line is the offender. If they pick the suspected person, it can be used as evidence in court.
(1) Unwritten promises that a court considers are part of an agreement because it is clear that the parties meant to include them.
(2) Terms that, under legislation such as consumer protection laws, are automatically part of some agreements. For example, under legislation all goods sold must be of acceptable quality.
A promise that goods and services will be of reasonable quality. This does not need to be written into the contract as it automatically applies to all goods and services sold in Victoria.
Instead of. So, time in lieu is time off instead of payment for overtime worked.
Someone who is acting in the position of a parent and has authority over a child. For example, a school teacher in charge of children on a school bus trip has the right to give them reasonable instructions.
Something that is not allowed as evidence in a court hearing. For example, the fact that someone has been convicted of theft in the past is inadmissible to show that they stole something this time.
A not-for-profit community organisation, such as a club, with a separate legal identity and a structure regulated by legislation.
Additional papers that are included in a contract or other legal document, such as a planning scheme, by being specifically referred to and stated to form part of the main document.
Lawyers’ fees paid in full by the party who loses a court case. See also costs.
A promise to pay compensation to cover losses or expenses that may arise in the future if some stated event occurs.

K

The crime of taking a person away without their consent, usually by force, threats or deception.
An agreement between insurance companies that each insurer will pay the costs of its own policyholder’s claim, regardless of who was at fault in a car accident.

L

A tax charged by the state government on the value of land owned by a person, company or trust, subject to certain exemptions.
Allowed by law; legal.
A contract giving someone the right to occupy or use land or buildings for a set period in return for payment of rent.
Money or property left to someone in a will.
Free or low-cost legal help, often provided by government-funded organisations, to people who cannot afford a private lawyer.
A person who is qualified and admitted to practise law, such as a solicitor or barrister.
Having a lawyer act for you in a legal matter, including giving advice, preparing documents and appearing in court on your behalf.
Laws made by parliament. Also called Acts or statutes.
A person who leases property from another. Also called a tenant.
A person who leases property to another. Also called a landlord.
Legal responsibility for something, especially to pay money or to fix a problem.
A written or published statement that damages a person’s reputation. Libel is a form of defamation.
(1) Official permission to do something that would otherwise be illegal.
(2) Permission to use someone else’s property without having exclusive possession of it.
A person who is involved in a court case, either bringing it or defending it.
The process of taking legal action in court.
A sum of money agreed in advance in a contract as the amount to be paid if one party breaches the contract. See also damages.
The right to bring a case before a court. A person must have a sufficient connection to and be affected by the matter to have locus standi.

M

Money paid to a person to financially support them. When a couple has separated both parents have a duty to support their children, and a court can order a parent to make regular payments to support the children. Maintenance for a spouse is now less common, and must be applied for within 12 months of a divorce. It is usually covered in a final settlement of all property.
A desire to cause harm to someone, in a criminal act or by defamation.
An order made by the Supreme Court requiring a lower court, government body or official to do something that they have a duty to do. For example, the court might order a minister to reconsider an application for a new broadcasting licence they have failed to consider properly.
Required by law to be done; a law that must be strictly complied with. Under mandatory reporting, people in particular jobs must tell a government agency if they know an offence is being committed – for example, doctors and teachers must report child abuse. Mandatory sentencing requires judges to give an automatic jail term for certain offences.
A voluntary, formal and legally binding agreement between two people to have a permanent relationship together. There must be a statement in front of official witnesses who register the marriage with the authorities. See also cohabitation; de facto; divorce; domestic relationship.
Relevant or important. For example, material evidence is something that helps to prove an argument in a criminal case.
Any form of storage from which a copyright work can be reproduced.
The general term used to describe a person who sits with and assists a party in court proceedings if they do not have any legal representation and the court agrees. They assist by taking notes and offering quiet advice. See also litigation guardian; next friend.
A list of requirements that a person must meet to qualify for a benefit such as a pension or other financial assistance. Means tests generally take into account a person’s income and assets.
A form of alternative dispute resolution where an independent person (a mediator) is appointed to help the parties come to agreement. Mediators do not decide the outcome of the dispute. They help the parties consider the issues and best possible outcome. Parties may choose to use mediation instead of going to court, or the court may order the parties to go to mediation as a way of avoiding a court hearing. See also arbitration; conciliation; negotiation.
Someone appointed by a patient or by VCAT or through operation of statute to make decisions about medical and dental treatment.
The mental part of a crime that the prosecution must prove in a trial. For example, an intention to steal is the mens rea for the crime of theft. See also actus reus.
The first day on which a criminal matter is brought before a Magistrates’ Court. On that day, a person tells the court whether they will plead guilty or not guilty to a criminal charge. A case can only be finalised on the mention day if it is a plea of guilty.
Being in good enough condition to be sold. Under Australian consumer protection laws, goods must be of merchantable quality.
In Victoria, a child or young person under 18. See also infant.
Something done by a manufacturer or seller that is unfair, dishonest or likely to mislead a consumer when buying goods or services.
Making a statement or doing something that is false to try to get someone to do something they would not otherwise do; for example, buy goods of poor quality.
Circumstances which reduce the sanction a court will order for committing an offence, or the amount of damages a court will order against a civil defendant.
The rights of the creator, not the owner, of an artistic, dramatic or literary work or film to have their authorship acknowledged and to protect the integrity of the work or film. For example, the right not to have someone else’s signature added to their work, or have changes made to it so that it expresses a different idea.
A restriction attached to ownership of property to secure the repayment of money borrowed. The mortgage stops the owner of the property selling it until they have paid off the debt.
A person or body, such as a bank, that lends money secured by a mortgage over the property of the borrower.
A person who borrows money and signs a mortgage as security. The money is often lent to buy something valuable, such as real estate, and the mortgage is a debt over that property.

N

The interests and rights of Indigenous Australians to their traditional land. This title is not the same as a certificate of title. It is a connection to land under traditional laws and customs that has not been interrupted by later settlement and permits use of the land for traditional purposes.
Rules that courts, other dispute settlement bodies and government officials must follow to ensure that decisions are fair to all parties. Examples include the requirement that decision-makers act fairly, without bias, and the right of all parties involved in a case to present their side of a dispute. See also administrative law.
Things such as food and basic clothes that the law says are needed for people to live a reasonable life. A minor, in Victoria someone under 18 years old, cannot enter a legally enforceable contract, except for necessaries.
An act that breaches a duty to take reasonable care and results in loss or damage to another person. See also tort.
A signed document, such as a cheque, that transfers money from person to person.
An approach to dispute resolution where both parties discuss the matter in dispute between them, with the aim of reaching a settlement through a consensus, compromise or agreement. See alternative dispute resolution (ADR); arbitration; conciliation; mediation.
A person who brings a court action on behalf of a child or a person of unsound mind. See also litigation guardian; independent witness; McKenzie Friend.
A small amount of damages a court can order a defendant to pay when a right has been violated but no real damage of monetary value has been done to the plaintiff. For example, a person can sue for trespass if a person goes onto their property without permission. The court would order nominal damages if no harm was done to the property.
(1) A person put forward as a candidate for an elected position.
(2) A person chosen to act on behalf of someone else. See also agent.
A sentence for a criminal offence that does not involve imprisonment. The offender would normally be sentenced to a form of rehabilitation. See also intensive correction order (ICO).
The minimum period that a person must spend in prison before they are eligible to be released on parole. See also parole.
In a civil case, a document that a defendant must give to a plaintiff informing them that they will defend the lawsuit against them, and the reasons why.
The amount of money a person is expected to earn in a week. If a person does not work, the court calculates how much the person would be capable of earning if they did work.
Doing something that stops another person fully using and enjoying land they own or occupy.

O

A person’s promise when they swear to tell the truth in court, or when signing an affidavit. A person taking an oath places one hand on the Bible or other holy book to demonstrate how seriously they take their promise. See also affirmation.
Words said or written by a judge, when deciding a court case, which are not necessary for the decision. For example, a judge in the Supreme Court of Victoria might say in passing that the law on theft in the United Kingdom is not the same as the law on theft in Victoria. Since the Supreme Court is not bound by United Kingdom law, the judge’s comment about it is not necessary for the court’s decision.
A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious).
A person who has committed a crime.
The first step in agreeing to make a legally binding agreement. An offer must be accepted before there can be a legally enforceable contract. For example, a person can offer to sell their car for $5000 and a buyer can accept the offer and pay that purchase price.
A public official appointed to investigate citizens’ complaints against government departments and statutory authorities. A specialised ombudsman resolves consumer complaints in a particular industry, for example the banking ombudsman for the banking industry. See also statutory authority.
When a person is released on bail without having a surety to vouch for them. They just have to promise they will attend court on a specified date. See also recognisance.
An order that will come into force at the end of a stated period unless a specified event happens. See also decree absolute; decree nisi.
Laws made by the Governor-in-Council, or at the federal level, by the Governor-General-in-Council. They are made under the authority of relevant Acts of Parliament and may also be known as regulations. See delegated legislation.
The application that starts a court proceeding. The process, which is different for different courts, is set out in rules made by the court. Also called the originating process.
Decision by a body to take action, such as starting an investigation, without a complaint having been made. For example, a court can, ‘of its own motion’, without being asked by the parties in a case, find a person guilty of contempt of court.
A body corporate created by registration of a plan of subdivision or a plan of strata or cluster subdivision. See also prescribed owners corporation.

P

The most important thing, above anything else. An act of paramount force is one that cannot be made subject to another for its operation.
The family law principle that the welfare of children is the most important consideration to be taken into account when court orders are being made.
A court order for the care of children when their separated or divorced parents cannot reach agreement on a parenting plan. The order covers matters such as where the child will live, contact with the parents and financial support.
A written agreement between parents who are separated or divorced, covering arrangements for the care and financial support of their children, including where the children will live and who will pay for what.
A verbal agreement.
Verbal evidence. The parol evidence rule says that where a written agreement exists, verbal evidence cannot be used to change the plain meaning of that agreement as written.
To free a prisoner after they have served a minimum term, but before the end of their sentence. While on parole the person may be subject to conditions such as having to report regularly to police.
A person or organisation directly involved in a court case. Parties include the plaintiff or applicant, the defendant, and any third party added to the action, but not independent witnesses.
Legal costs of one party paid by the other party, as ordered by the court. Most often paid by the losing party to the successful party. See also costs; indemnity costs.
Involving money. A pecuniary loss is a loss of money and a pecuniary penalty is a fine.
The criminal offence of lying under oath, when questioned in court or making a sworn statement. See also affirmation; oath.
A court order that a child live with someone who is not a parent of the child but now has long-term care and responsibility for the child.
A person who commits a crime. See also offender.
The fact that a company or organisation continues even if one or more of its members dies. Legal ownership of its property is not interrupted by death because everything is owned by the company or group as a whole.

Q

A defence that gives protection against a defamation lawsuit. It can be used if information was not given to cause harm, and was given to someone who had a public interest in getting it and who acted reasonably when they published it. See also absolute privilege.
An amount. For example, the quantum of damages awarded by a court is the amount of money the defendant must pay.
The number of people who have to be present in a meeting for a vote passed by the meeting to be valid. For example, one-third of all the senators have to be present in parliament for a Senate vote to be valid.

R

Real property.
Land, and any permanent buildings on the land. Also called real estate or real property. Compare personal property.
Capable of being proved wrong in court. Compare deemed.
A bond or undertaking made to show a person understands what is required and will do something as promised. For example, an accused person can undertake to a court on recognisance that they will appear at a later date for their hearing. A recognisance may include a payment, known as a security, to back up the commitment.
An authority or government department to which a planning permit must be referred for advice before it is granted.
The officer in charge of the administrative section of a court, which is known as the registry. See also prothonotary.
The administrative section of a court that accepts documents filed with the court and also handles some public enquiries.
Laws made by a body other than parliament but under its authority. These are made by the Governor of Victoria on the advice of the Victorian government, known as the Governor in Council. The rules are prepared and administered by government departments and statutory bodies under authority granted by a relevant Act of parliament. See also delegated legislation; local laws.
A person with a close family or personal relationship to a person who was killed as a result of an act of violence.
A document signed by parties ending a court action. The party who began the action agrees to drop it, often in exchange for a payment by the other party. Also called terms of settlement.
An order that a person charged with an offence, but not yet convicted, be kept in police custody or imprisoned until they go to court for a hearing.
Item description
A reduction in the length of a prison term.
Insurance provided for a particular period of time, of a kind that is usual to renew at the end of that period of time.
The right of a repairer to hold repaired goods until payment for their repair is received.
To cancel the whole or part of an Act of parliament or a regulation.
Taking back goods bought on credit from a debtor who still owes money on them. Repossession is an action commonly taken by creditors when a debtor fails to pay a loan on a large item with some resale value, such as a car.

S

Money or property given to guarantee that a promise or obligation will be carried out, for example a payment made to back up a recognisance or to secure repayment of a loan.
The punishment ordered by a court after a person has been found guilty of an offence. A sentence can include imprisonment, a fine, a community-based order or other penalties.
The formal delivery of court documents to another person so they are legally notified of proceedings or orders.
An agreement between parties to end a dispute or court case, often involving one party paying money to the other. See also release.
A person who owns shares in a company and therefore owns part of that company.
An officer of the court responsible for enforcing court orders, including evictions, seizures of property and serving some court documents.
Spoken statements that damage a person’s reputation. Slander is a form of defamation.
A person who runs a business on their own and is personally responsible for all the debts and obligations of the business.
A law made by parliament. Also called an Act or legislation.
A body created by legislation to perform specific public functions, such as a government agency or regulator.
An order by a court that stops or suspends legal proceedings for a period of time.
Legal responsibility that does not depend on proving intention or fault. In strict liability offences, the prosecution does not need to prove mens rea.
A court order requiring a person to attend court to give evidence or to produce documents.
A less serious criminal offence that is usually heard and decided by a magistrate, rather than a judge and jury. Compare indictable offence.
A document issued by a court requiring a person to attend court on a specified date.
Temporary removal from an organisation, job or position. Compare expulsion.
A person who agrees to be responsible for another person’s obligations, for example by promising money if the person does not comply with bail conditions. See also bail bond; undertaking.

T

A person who rents or leases property from another person, called the lessor or landlord.
The right to occupy property under a lease or rental agreement.
A civil wrong, other than breach of contract, that causes harm or loss and gives rise to a right to claim damages. For example, negligence is a tort.
The legal process of changing ownership of land from one person to another, usually recorded on the certificate of title.
A body that is like a court but usually less formal, set up to decide particular types of disputes, such as tenancy or administrative matters.
A legal arrangement where one person (the trustee) holds and manages property for the benefit of another person (the beneficiary).
A person or organisation that holds and manages property on trust for someone else, called the beneficiary.
The total amount of money a business receives from sales over a particular period.

U

Beyond legal power or authority. If a government body or official does something ultra vires, it means they have acted outside the powers given to them by law. See also administrative act.
A promise to do, or not do, something, often made to a court. For example, a person may give an undertaking to attend court on a certain date or to behave in a particular way. See also bail bond; surety.
A term in a consumer contract that causes a significant imbalance in the parties’ rights and obligations, is not reasonably necessary to protect the legitimate interests of the party advantaged by the term, and would cause detriment if relied on.
A person who drives a vehicle without having insurance to cover damage or injury caused by the vehicle.
Damages that have not been fixed or agreed in advance and must be assessed by a court. Compare liquidated damages.
A debt that is not backed by any security over property. If the debtor does not pay, the creditor cannot automatically take specific property to recover the money.

V

Legal responsibility for the actions of another person. For example, an employer can be held liable for wrongful acts committed by an employee in the course of their work.
Having no legal effect. A void contract is treated as if it never existed.
Valid unless and until it is cancelled. A voidable contract can be set aside by one of the parties in certain circumstances, such as where there has been misrepresentation.
A process under company law where an independent administrator is appointed to take control of a company that is in financial difficulty, to try to work out the best outcome for creditors and the company.

W

A written authority issued by a court or other legal authority allowing a particular action to be taken, such as arresting a person or searching premises.
A legal document that sets out how a person’s property is to be distributed after their death, and usually names an executor to carry out those wishes.
A person who gives evidence in a court case about what they saw, heard or know. See also character witness; independent witness; interested witness.
A phrase used in negotiations to indicate that statements made or documents shown cannot be used as evidence in court if the negotiations fail and the matter goes to trial.
An injury suffered by a worker in the course of their employment, which may give rise to rights to compensation under workers’ compensation laws.
A formal written order issued by a court requiring that something be done, or giving someone the right to bring a legal action.

Back to top ↑