The Law Handbook 2024

1150 Glossary advance care directive 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. alternative dispute resolution (ADR)  A way of resolving a dispute outside the court system. There are different kinds of alternative dispute resolution, including arbitration , negotiation and mediation . adversary system  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 . affidavit  A document that presents written evidence in a court case, setting out what a witness says is true. The witness must swear that it is true and correct in front of an authorised official. This can be done on oath or by affirmation . The person in whose name the document is sworn is called the deponent. affirmation  A formal promise to the court that a statement made by a witness, in court or in an affidavit , is true. An alternative to a religious oath . age of consent  The age when a young person can legally have sex. In Victoria this is 16. agent  A person who acts for someone else. They can make decisions, carry out tasks or make agreements for the other person. For example, if you ask someone to bid for you at an auction they will be acting as your agent. aggravated damages  Money ordered by a court as extra compensation, more than normal compensatory damages . A court can make this order when a party caused damage by some wrongful act, but made it even worse by adding to the mental distress of the other party. See also damages . aggravating factors  Circumstances that make an offence much more serious. For example, using a gun in a robbery is an aggravating factor, making the offence worse than robbery without a gun. aiding and abetting  Helping someone carry out a criminal offence. For example, a person can aid and abet an arsonist by buying petrol for them, knowing they plan to burn down a building. alibi  An answer to a criminal charge that says the accused was somewhere else when a crime was committed, not at the scene of the crime. alleged  Claimed but not proved. For example, the police can allege in court that a car was stolen, but they then have to prove it with evidence. If you say a person did something illegal you are making an allegation. Unless you can back it up, you will not be able to win a court case about it. amendment  A change made to a legal document or Act of parliament. amenity  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. amicus curiae 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’. annuity  A payment or other benefit that is received once a year. annul  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. antecedent  Prior. Something that happened before. appeal  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. appellant  A person who appeals a decision of a court or tribunal to a higher court. arbitration  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 choosen 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. arrears  Money owed that is due on a certain date and is late being paid (overdue). arrest  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. assessable income  The total of a person’s annual pay and other earnings that is used to calculate the income tax they must pay. assignment  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. asylum  Refuge or protection from persecution, usually in another country. Historically, also a place for the detention and treatment of the mentally ill. at large  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. attachment of earnings  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.