ACCC

Australian Competition and Consumer Commission. The body established by the Commonwealth Government to administer the Trade Practices Act

Adjourn

To put something off to another time eg: if a court case cannot proceed when in comes before the court, it may be adjourned to a later date

Administration

If a company is in financial difficulty, its Directors, a Secured Creditor or the company’s Liquidator can put the company under the control of an independent person known as the Administrator. It is possible for a company in Admistration to also be place into Receivership.

Administrator

An Administrator is an agent of the company, with all the powers of the company and its directors. The powers of the directors and company officers are suspended while the company is under Administration.

Abridge

Order to bring forward date allocated for hearing (or arbitration) etc.

Affidavit

A written statement made by person to be used in a court. A person who makes an affidavit must swear on oath that the contents of the affidavit are true or make an affirmation that they are true. It is often used in court in place of oral evidence.

Affidavits of service

A form of affidavit which is used to provide evidence of the date, place and time when a court document was given to a person (served) and how the document was given

Agent

A person who acts on behalf of another person. A person need not receive payment in order to be an agent

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.

Appeal

A procedure where a court decision is reviewed by a higher court. There must be valid grounds of appeal or the higher court will not take the case

Applicant

A person who applies to the court to make an order.

Application

Brought by summons or orally, on notice or ex parte, to obtain order of a court before during or after determination of a proceeding

Apprehend

To take somebody into custody of police.

Arbitration

A dispute resolution procedure where an expert person makes a decision to resolve the dispute.
In Victoria
Determination of substantive proceeding brought on complaint for money or value less than $5000.00, pursuant to Section 102 of Magistrates' Court Act 1989. Arbitrated by magistrates after hearing evidence and submissions – may be arbitrated by registrars if Rules are made. Not bound by the rules of evidence.

Auction

A process by which property is offered for sale to the highest bidder

Australian Business Number (ABN)

A single identifier for dealings with the Australian Taxation Office. It replaces the Australian company number or Australian registered body number.

Australia Company Number (A.C.N)

A number allocated to each Company be the Australia Securities & Investments Commission (ASIC)

Award

A document, approved by the necessary authority, which sets out the terms and conditions of employment.

Bailiff

A court officer who assists in court proceedings, serves court documents and carries out court orders eg: warrants to sell property.

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 Clerk

Magistrate's clerk in the court room. Manages daily list for magistrate. Records the hearing/arbitration. Prepares and dispatches the administrative work in support of magistrate's decision. Role combines the roles of associate, tipstaff, court recorder and personal assistant found in higher courts.

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.

Breach

The breaking of a condition eg: breach of contract, breach of parole.

Breach of contract

Breaking a term or condition of a contract.

Business Name

The name under which a business operates. Required to be registered unless it is a person's own name.

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.

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

Caveat

A notice by a person claiming an interest in land, lodged with the Department of Lands which prevents dealing with that land.

Civil action

Any court action concerning a civil matter, ie: not a criminal matter

Civil Court

A court which has power (ie jurisdiction) to deal with civil matters

Civil matter

A legal matter that deals arises under the civil law.

Civil order

An order made by a court which requires a person to do something (eg: an order for an oral examination) or that a person not do something (eg: a domestic violence order which prohibits contact with a person), but which is not related to the criminal law

Claim

A document to commence civil proceedings which involves a dispute of fact and the taking of oral evidence

Claimant

A person who brings a claim in the Small Claims Tribunal

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.

Co-operative

A type of organisational structure which is recognised by law and can be registered.

Commencing proceedings

Filing the court papers necessary to start a matter in a court.

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.

Consent Order

An order which the court makes because all persons affected by the order agree that it should be made

Consent

Formal agreement.

Consumer

A consumer is often defined as a person who buys goods or services for personal, household or domestic use.

Consumer Credit Providers

A person or organisation which provides credit to consumers and is bound by the provisions of the Consumer Credit Code.

Consumer Credit Reporting Agencies

Agencies which gather information about consumers records of payment or non-payment of money they have borrowed.

Consumer transaction

A transaction where a person acquires goods or services for personal or domestic use.

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.

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.

Conversion

Where a person deals with property that is not theirs, in a manner inconsistent with the rights of the owner

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

Counterclaim

Where a defendant makes their own claim against the plaintiff in the court action and both claims arise out of the same circumstances

Court action

The process whereby a claim is determined in court

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 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 to whom a debtor owes money.

Damages

Money paid in compensation for a loss suffered in a civil law matter

De facto

1. 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. 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
3. 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

Deed

A formal written document which is legally binding

Default

Not meeting legal obligations

Default judgment

Judgment given because the defendant does not defend a court action

Defence

A legal reason why a claim made against a person should not succeed

Defendant

A person against whom legal action is being taken

Deponent

A person who makes (deposes to) an affidavit.

Disbursement

A payment made. Often used in a solicitor's account to describe payments made by the solicitor on the client's behalf.

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.

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.

District Court

The Court which deals with most criminal offences that cannot be dealt with in the Magistrates Court and which hears civil disputes involving amounts of more than $50,000 and less than $250,000. It also deals with most appeals from the Magistrates Court

Domicile

The place where a person normally lives and regards as home

Employee

A person who agrees to work for and follow the instructions of an employer in exchange for payment of wages

Employer

A person who engages another person to work for them and follow their instructions and who pays wages to that person.

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.

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.

Entry of Appearance

A document filed by a defendant in civil court action to indicate that they intend to appear in the court action.

Entry of Appearance & Defence

A document filed by a defendant in civil court action to indicate that they intend to appear in the court action and defend the action brought against them.

Evidence

The facts relied on in court to prove a case.

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

Exhibit

A document or thing put into evidence in court proceedings or referred to in an affidavit

Fair Trading Act

An Act of Parliament which sets out rules for traders and contains consumer protection provisions.

Fee

A sum of money which is charged and collected by the court registrar in accordance with Government Regulations in relation to civil claims and disputes. Fees must be paid in advance. Fees paid to the registrar can be recovered from the other party to a claim or dispute as part of a court order but are usually not refundable.

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

Financial affairs

Matters relating to finances including the receipt of income and or benefit, the payment of rent and the investment of monies

Forms

The formal description normally applied to documents which are prescribed (required) by the Rules to be used in a civil claim or dispute. These forms are referred to by numbers

Garnishee

A court order which requires an employer to pay to a creditor a portion of the debtor's wages. It is not available where the only source of income is a pension or a benefit

Granted

Order made by a court after hearing an application. The application is successful. The order will be followed by further orders which are the court's directions in respect of the subject matter of the application.

Guarantee

A legally binding promise by one person that will ensure that another person carries out their legal obligations. This differs from guarantees ( see warranties) given when goods are sold

Guarantor

The person who makes the guarantee

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

Where evidence is heard from all parties involved in the matter and a judgment is made

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

Implied Terms

Those terms that are automatically part of a contract due to the law even though there is no specific mention of them

Incorporated

Where an association meets the requirements to form a legally recognisable entity which then has its own legal existence apart from the members of the association

Indemnify

Where a person makes up for the loss a person has suffered due to an act or default of another

Injunction

Where a court orders a person to do or refrain from doing a particular thing

Insolvent

Where a business is unable to pay its debts. Sometimes a term used for individuals instead of bankrupt

Insured

The person who pays the premium and requires the insurance

Insurer

The person, business or company who is paid the premium, and provides the insurance

Invoice

A note setting out how much is owing

Involuntary bankruptcy

Where a person is made bankrupt at the request of their creditors instead of at their own request

Joint & Several liability

Liability for the whole of a joint debt whether or not any other joint debtors pay the debt

Joint debtor

A person who owes money jointly with another person

Joint liability

Liability owed jointly with another person.

Judgment

The decision of a court

Judgment by default

Judgment given because the defendant does not defend a court action

Jurisdiction

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

Lawyer

A person who holds a legal qualification and is approved by the Supreme Court as being entitled to practice as either a solicitor or a barrister.

Lease

Where a person who owns property allows another person to have possession of that property upon certain terms eg: payment of a regular amount of money.

Legal advice

Advice specific to a client's situation given by a lawyer.

Legal representation

Having a lawyer to act on behalf of a person

Legally binding agreement

An agreement recognised at law and able to be enforced.

Lender

A person or financial institution which lends money

Letter of demand

A letter which formally demands something from another person. Does not need to be in any particular form and does not need to be sent by a lawyer.

Liability

An obligation which can be legally enforced

Liable

To be legally obliged

Lien

A right to hold property belonging to another person until that person performs a legal obligation

Liquidated

An amount is said to be liquidated if it is a certain or ascertainable amount of money.

Liquidation

Insolvency of a company is referred to a liquidation. Similar to bankruptcy but with reference to a company instead of an individual.
The most common form of Liquidation occurs when the Creditors vote for Liquidation following an Administration or a failed Deed of Company Arrangement. A Liquidator may also be appointed by the court following an application, usually by a Creditor, to windup the company.

Liquidator

The Liquidator’s duty is to all the company’s Creditors. They collect, preserve & sell the company’s assets and distribute available funds to the Creditors.

Litigation

Court action to resolve disputes

Magistrate

The court officer who presides in the Magistrates Court and makes all findings about law and fact, imposes sentences and awards damages

Magistrates Court Queensland

The Court where criminal proceedings start and which deals with the less serious offences and sends the more serious offences to a higher court to be dealt with. Deals with civil claims involving property up to $50,000 and with limited family law matters

Mediation

A dispute resolution process controlled by an independent third party who assists people to reach agreement by controlling the process of discussion and negotiation without entering into the content of the dispute

Mediator

A person who conducts mediation

Mention

A date when a matter is listed in court but on which the full hearing of the matter will not take place.

Mention date

A date when a matter is listed in court but on which the full hearing of the matter will not take place.

Minor Debt Claim

A claim for a debt of $7,5000 or less made in the Magistrates Court

Mortgage

A mortgage is where a person borrows money and the lender takes security over the property so that they can sell the property to pay the debt if the loan is not repaid.

Mortgagee

A person who lends money and is given a mortgage over the property as security

Mortgagee Sale

The sale of property by a mortgagee because of default eg: non payment of the loan

Mortgagor

A person who borrows money and gives a mortgage over the property as security.

Notice of Defence

The name of the form which is prescribed to be used when a person wishes to defend or contest a civil claim or dispute

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.

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.

Outlays

A payment made. Often used in a solicitor's account to describe payments made by the solicitor on the client's behalf.

Particulars

Details of a court action or a defence which are necessary to inform the other person as to the extent of their case

Partnership

A business which is carried on by more than one person , and where it is not run by a company

Party/Party Costs

Those costs ordered by the court to be paid to the successful person by the loser

Pay by Installments

To pay something in more than one payment usually in a series of payments over time.

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

Plaint

A document which starts civil court proceedings in the Magistrates and District Courts

Plaintiff

A person who brings a civil claim in court

Power of Attorney

A legal document by which a person appoints another person to act on their behalf in property and financial matters

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

Principal

A person who appoints an agent

Process server

A person who serves court documents by handing them to the person concerned

Property damage

Damage to any form of property

Quantum

Amount

Quote

An estimate of how much a job will cost

Real Property

Land including all things which are permanently fixed to the land eg: house, unit, shed etc.

Reasonable force

The degree of force which is able to be used. Will differ depending on the circumstances

Refused

Order made by a court after hearing evidence and/or submissions where it is not satisfied that the order sought in the application should be made. 'Application refused' = 'Application for order refused'.

Receiver

A Receiver is appointed by the Secured Creditor or the court. The Receiver must collect and look after the company assets over which the Secured Creditor has a charge and sell sufficient assets to discharge the security,

Receivership

If a company is in financial difficulty a Secured Creditor or the Court may put the company under the control of an independent person, The Receiver.

Registrar

An officer of the court who deals with matters of mostly an administrative nature

Registry

That part of the court where all documents are filed

Rehearing

A second hearing for the same matter

Repossession

The taking of property by a finance provider where the borrower has not fulfilled their obligations eg: non-payment

Respondent

a person against whom a claim is brought in the Small Claims Tribunal

Restitution

Money paid to compensate for loss

Retainer

A contract between a lawyer and a client

Revoked

Order made by a court, normally after hearing evidence and/or submissions, on an application to revoke a previous order of the court. The order vacates the previous order. 'Application revoked' is not proper terminology 'order revoked' is correct.

Rules of evidence

Rules about what facts can be put before a court

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

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

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

Sequestration order

An order removing property from a person

Served

The delivery of court papers to a person

Service

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

Sheriff

An official of the court who is responsible for the enforcement of court orders

Small Claims Tribunal

A tribunal which deals with disputes of $7,500 or less between consumers and traders, traders and traders, motor vehicle property damage claims, tenancy disputes

Sole trader

A person who trades on their own

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

Statement of Claim

The document which sets out the details of a claim made by person in a court action

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.

Struck out

Order which is normally made by consent of the parties or in the event the informant/plaintiff/applicant fails to prosecute the charge, claim or application. Finalises a proceeding, subject to application to re-instate

Subcontractor

A person who contracts to perform part of the work which another person has contracted to do for a third party

Subpoena

A court order which requires a person to appear in court to give evidence or produce documents

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

Summons

A document which requires a person to attend at court

Swearing

The making of an oath

Taxation of costs

The procedure where a court officer goes through a solicitor's bill to decide if it is reasonable

Tender

An offer to pay money

Termination

The end of something, usually refers to contracts

Trade Practices Act

An Act of the Commonwealth Parliament which regulates trade practices and anti competitive practices and which contains consumer protection provisions

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

Trustee

A person who holds property for the benefit of another person

Undertake

To promise, usually in the course of legal proceedings, to do or refrain from doing an act.

Unsecured creditor

A creditor who does not hold security over any property of the debtor.

Unsecured debts

Debts for which a creditor does not hold security over any property of the debtor

Voluntary Bankruptcy

Bankruptcy at a person's own request

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

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

Withdrawn

Order made at the request of the informant/plaintiff or applicant to withdraw a charge, claim or application lodged with the court (also 'discontinue').

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

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