The Law Handbook 2024

1154 Glossary credibility  How believable a witness is in court when they claim to be telling the truth. See also independent witness ; interested witness . credit charges  The fees and interest a consumer will have to pay if they enter into a credit contract, in addition to repayment of the sum borrowed and any interest payable. Includes collection costs, penalty interest and any other amount beyond the sum borrowed. credit contract  A contract relating to the giving of credit . credit  A debt that does not have to be paid until some future time. Being allowed to pay later, in the future, for something you are getting now. creditor  The person or organisation to whom a debtor owes a debt. cross-examination  An opposing party’s questioning of a witness in a court case. Questioning of your own side’s witness is called examination in chief . cross-vesting  The process by which a superior court can exercise the jurisdiction of another, for example between state supreme courts and federal courts. Crown  (1) A common term for the legal power and authority of the Commonwealth, state and territory governments. (2) Another name for the prosecution in a criminal trial. cumulative sentence  Two or more terms of imprisonment that are served one after the other, not at the same time. See also concurrent sentence . custodial sentence  A prison sentence. custody  Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. D damages  A court order for money to be paid to someone to compensate them for a loss suffered as a result of a civil wrong or breach of contract. For example, a person who caused a serious permanent injury to another person can be ordered by the court to pay damages that compensate the injured person for their loss of income from being unable to work. See also aggravated damages ; compensatory damages ; general damages ; liquidated damages ; nominal damages ; special damages . de facto  In fact, rather than in law. Commonly used to refer to two people living together as a married couple but who are not legally married. They are sometimes said to be in a ‘de facto’ marriage or relationship. See also domestic relationship . debt agreement  An arrangement between a debtor and a creditor for the repayment of an unpaid debt, often by instalments. Generally negotiated because the debtor has been unable to pay the debt as originally agreed. debt  Money that is owed by one person or business to another. debtor  A person who owes a debt. declaratory order  A court’s judgment about the meaning of a point of law in a case. A declaratory order just states the law. It does not itself include a remedy such as damages or an injunction. See also damages ; injunction . decree absolute  The final order in divorce proceedings, made by the Federal Circuit Court. The order states that the marriage has been terminated. Both parties are now free to remarry. See also decree nisi ; decree of nullity ; marriage . decree nisi  An order that a marriage is to be terminated in one month. Neither party can remarry until the order is finalised (when a decree absolute will be issued). decree of dissolution of marriage  Divorce. See decree nisi ; decree absolute . decree of nullity  A court order stating that a marriage is not legally valid. decree  (1) A command given by a public authority. For example, a health authority might decree that animals with a contagious disease be quarantined. (2) A court order. deed  A formal legal document that is used for specific purposes, such as trusts, some types of ownership of land, and agreements where no money is going to be paid. Deeds must clearly state that they are a deed, and they usually include the words ‘signed, sealed and delivered’. They are also called ‘contracts under seal’, although attaching a seal with wax is no longer necessary. deemed  Treated by the law as if something is the case, even if that is not the reality. For example, children may be deemed to have the same home as their parents, whether they actually live there or not. Or a person may be deemed to have given their consent to something if they hear about it and do not object. Compare rebuttable . defamation  To damage another person’s reputation by publishing or communicating false statements about them. The old common law distinction between libel (written and published defamation) and slander (spoken defamation) no longer has any legal significance. default  Failure to do something that is legally required. For example, a person who fails to make a payment on their car is in default on the loan; if they continue to be in default the creditor may issue a default summons to take the debtor to court. defence  (1) A defendant’s response to the legal claims made against them in court by a prosecutor or plaintiff. (2) A lawful excuse for conduct: for example, causing minor injuries to someone while saving them from certain death. (3) ‘The defence’ is also a way of referring to the defendant and their legal team. defendant  A person who has been charged with a criminal offence or against whom a civil action has been brought. deferred sentence  An adjournment without conviction . delegated legislation  Laws made by bodies subordinate to parliament. These laws may be regulations or rules , local laws or Orders-in-Council .