The Law Handbook 2024

1152 Glossary certiorari 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 . character witness  A person who appears in court to give a reference for an accused person. See also witness . charge  (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. chattel  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 . child maintenance order  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. citizen’s arrest  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. civil action  A court case in which one person or organi­ sation sues another for compensation, or for some other court order. This is different from a criminal case, where the police bring criminal charges and the court may give the defendant a penalty, such as time in prison, if they are found guilty. Also called a lawsuit , a civil claim , a civil matter or a proceeding . civil law  Non-criminal law. The area of law that covers disputes between organisations, companies or individuals, such as the law relating to contracts. Civil law is not criminal law or church law. It can include actions against the state. In discussions about the law in different countries, civil law means law based on the Roman law system, as opposed to our common law system. clear title  Outright ownership of property, without any debts or charges. clearout  When a debtor moves away from where they live and does not tell their creditors what their new address is. code of practice  Guidelines setting out proper practice in an industry or occupation. For example, the franchising code of practice sets out rules for businesses operating under a franchise . Codes can be voluntary or statutory (required by legislation). codicil  A document made by a will-maker to change their existing will. cohabitation  Living together as a couple sharing an emotional and sexual relationship. Also, where a group of people live together on a long-term basis, as members of a family do. collateral contract  A separate contract that exists along­ side the main contract. combined custody and treatment order  A sentence that is served partly in prison and partly in the community so the person convicted of an offence can have supervised alcohol or drug treatment. committal proceedings  A hearing in a Magistrates’ Court that decides whether someone charged with a serious criminal offence should face trial in a higher court. Also known as a preliminary examination. See also indictable offence . common law defence  An answer to a criminal charge or other wrongdoing, based on a precedent that has developed from decisions in court cases, rather than being set out in legislation (a statutory defence). common law  (1) The system of law developed by the English courts through precedent and adopted in ‘common law countries’ in the British Commonwealth (as opposed to Roman law (civil law) or ecclesiastical law). (2) The case law made by judges in that system. (3) Case law that is not part of the law of equity. (4) Historically, the rules of law common to all people in England, as distinct from local or customary laws. community treatment order  An order that authorises medical treatment for a patient who has been admitted to a psychiatric hospital without their consent. The treatment takes place in the community. Community Visitor  An independent person, a volunteer, who monitors and reports on the quality of mental health services, disability services and supported residential services. community based order (CBO)  A sentencing order that can be made by a court instead of ordering a prison term. The person sentenced must do unpaid or educational work in the community, supervised by the Office of Corrections. community treatment order (CTO)  Treatment of an involuntary patient by a medical practitioner in the community, not in a mental hospital. compensation order  An order requiring that someone found guilty of an offence pay for damage to property caused by the offence. The payment is made to the affected person or business. compensatory damages  Payment of money to a successful party, ordered by a court in a civil case; the ordinary damages that make up for the harm that resulted from the actions of the losing party. For example, if a defamation claim is successful, damages must be paid by the defendant to compensate the person whose reputation they have harmed. See also aggravated damages . complainant  A person who begins a criminal prosecution against another in the Magistrates’ Court, or formally starts an action in a court or tribunal or makes a complaint to a complaint-handling body. In a civil action they could also be referred to as a plaintiff or an applicant. comprehensive insurance  Car insurance that covers a person for claims against them for damage they do to other people’s property, and also for damage to their own property.