The Law Handbook 2024

1149 Glossary NOTE 1 Any word or phrase shown in bold italic type is defined elsewhere in the glossary 2 Some words have an ordinary meaning as well as the specific legal meaning given here. Legal words 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. A abate 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. abduction  Stealing someone away from their home, usually a child. abrogate  To abolish or cancel something, such as a law, so that it is no longer in force. absolute privilege  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 . abuse of process  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. accused  A person who has been charged with a crime. Also known as a defendant. acquit  To find someone ‘not guilty’ on a charge in a criminal case. act of bankruptcy  An action of a debtor that shows they cannot pay what they owe to their creditors . act of God  A natural event such as a cyclone that no-one could see coming or prevent. Act  A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. actus reus 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 . adduce  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. adjourn  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 . adjournment without conviction  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. administrative act  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 . administrative law  Rules that govern the decisions of public officials, covering their powers and functions and the procedures they have to follow. administrator  (1) ( wills ) Someone who takes legal respons­ ibility for the possessions of a person who has died without making a will , or who is still alive but cannot manage their own possessions. For example, an administrator may be appointed to manage the money, house or other possessions of a person who has a severe mental disability. (2) ( companies ) A manager appointed by the directors of a company that is in financial difficulty. This may give creditors a better chance of getting their money back because the company can keep trading under supervised management instead of being wound up. (3) A person appointed by VCAT to manage financial matters for a person with disability who lacks decision-making capacity.