The Law Handbook 2024

Glossary 1153 conciliation  A form of alternative dispute resolution . The parties negotiate with the help of an independent person called a conciliator. The aim is to sort out the dispute by mutual agreement, rather than having a decision made by a court or tribunal. See also arbitration ; mediation ; negotiation . concurrent sentence  A prison term that is served at the same time as another sentence. Because the sentences are not served one after the other, there is no extra time in jail for any sentences after the first one. See also cumulative sentence . condition precedent  A condition that delays the coming into effect of a right, usually under a contract (q.v.), until that condition is fulfilled. conduct money  Money covering the cost of travel to court. A party who requires a witness to appear in court must pay for them to get there. confidential relationship  A relationship where one person trusts and relies up another person. confidentiality  The principle that private information told to a person must not be revealed to others. Some professionals must keep information confidential, for example doctor–patient and lawyer–client relationships. conflict of interest  A situation where someone’s personal interests or their duties to another person could affect the way they carry out their duties. If there is a conflict of interest in performing a role, the person generally should not accept that role. For example, a lawyer should not agree to represent the buyer as well as the seller in a sale of land. consent  To agree to something being done, to approve an action or arrangement. See also informed consent . consideration  Something of value, such as money, given by one person to another person as part of a contract. consumer lease  A contract to hire goods for a particular period and to make the agreed payments during that time. consumer  Under the Australian Consumer Law, a person who buys goods or services for less than $100 000 or for personal or home use. contact order  A parenting order made by a court, stating how often someone (a parent, or another adult) can see a child who doesn’t live with them. contempt of court  Disobeying a court order or doing something that shows disrespect for the authority of the court or a judge. contest mention hearing  A preliminary hearing in which parties can try to reach agreement on some matters before a full hearing is held. contract  An agreement that the law will enforce. contravene  To break a legal rule or fail to carry out a legal obligation such as a court order. contributory negligence  A defence to a claim in an action for damages for injuries caused by a defendant’s negligence. The defendant attempts to prove that the plaintiff’s own negligence caused or contributed to the injuries suffered. conveyance  A document used to transfer real property from one person to another. Similar to a transfer of land registered with Land Victoria, but applicable only to the tiny percentage of old system title land that is not under the Torrens title system. See also certificate of title . convict  At the end of a criminal trial, to find the accused guilty of a crime. cooling-off period  The time allowed for a purchaser to change their mind and legally withdraw from a contract after signing it. A contract to buy a house or a car in Victoria will often have a cooling-off period of three business days (excluding weekends and public holidays) after signing the contract. copyright  Property rights over creative works, such as books, music, art, sound recordings, films or broadcasts. Generally only the copyright owner, or someone who has their permission, can reproduce, publish, copy, perform or broadcast the works. corporal punishment  Any physical punishment, but generally meaning something that causes pain, such as hitting. Corrections Independent Support Officer A person (volunteer) who assists prisoners with intellectual disability during internal prison disciplinary hearings. corroboration  Independent evidence that confirms or supports evidence given by another witness in court. costs  The amount charged by a lawyer for legal work. Lawyers can only charge the amount agreed with the client in a costs agreement or the amount stated by a court in its rules. The party who loses a case usually has to pay all their own costs plus most of the costs reasonably incurred by the other side. See also indemnity costs . counsel  A lawyer who appears in court and speaks on behalf of their client, often a barrister . counterclaim  A formal statement added to a defence , claiming something in return, instead of suing the other party in a separate court action. For example, if a plaintiff sues a defendant for damage the defendant’s dog caused in his garden, the defendant might make a counterclaim that the plaintiff damaged the fence that would have kept the dog in, and the defendant had to spend money on repairs. The court can then balance the claims, defences and damage, and make an order that takes everything into account. court  An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate . covenant  A formal, written agreement that creates a legal obligation, in a deed or on a certificate of title . For example, a property developer might add a covenant to every block of land in a subdivision to stop anyone building a house there unless it is made of brick. cover note  A document given by an insurer to a client as evidence that temporary insurance is in place while the formal policy document is being prepared.