The Law Handbook 2024

Glossary 1151 attestation clause  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. award  (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 bail bond  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 . bail justice  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. bail  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 . bailment  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. balance of probabilities  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 . bankruptcy petition  A formal action by either a debtor or a creditor to file for bankruptcy of the debtor. bankruptcy  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. barrister  A lawyer who specialises in giving advice in difficult cases and representing clients in court. beneficiary  (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 . bequeath  To leave money or other property to someone in a will. For example, a grandmother might bequeath her engagement ring to her granddaughter. beyond reasonable doubt  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. bias  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. bona fide  Honest and genuine. bond  (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. breach of contract  Failing to do what was agreed in a contract . burden of proof  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 . business purpose declaration  A document signed by a debtor before entering a loan contract, stating that the credit is for business, not domestic, purposes. by-laws  Former name of local laws . C capacity  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. case law  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, such as the Magistrates’ Court of Victoria, are bound to follow relevant decisions of higher courts, such as the Supreme Court of Victoria. Case law is also called ‘common law’ and ‘judge-made law’. caveat emptor ‘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. caveat  (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. certificate of title  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 .