The Law Handbook 2024

Glossary 1155 delegation  The transfer of responsibilities from a higher authority to a lower one. For example, a government minister may have power to hand their decision-making responsibility for visa applications to a public servant. Whenever there is a delegation, the higher official continues to have the authority to make the decision. deponent  A person who swears or affirms an affidavit . deportation  Expelling a non-citizen from a country because they do not have a legal right to remain there. They might have been convicted of a serious crime, or be regarded as a threat to national security. deposition  A written record of the evidence given on oath at committal proceedings . Depositions may be used if the witness cannot give evidence when the trial takes place. determination  A finalisation, especially a decision made by a court or tribunal to finalise (determine) a case. dictation  Improper direction by one person (or body) to another, so that the person who is supposed to make a decision is not absolutely free of outside influence when they make it. direction  A legally proper instruction by one person (or body) to another, so that the person is bound to take action, or make a decision, as instructed. Compare dictation . directions hearing  A short hearing between the judge and the lawyers in a case to decide how the case will be run until the hearing starts. For example, information can be given about the legal points the parties disagree about and the evidence that can be admitted. disbursement  Money paid by one person on behalf of another person. For example, a lawyer pays the cost of lodging documents on behalf of their client. Also called ‘out-of-pocket’ expenses. discharge  (1) To fulfil an obligation or be released from an obligation. For example, a debtor can discharge a debt by paying it; a prisoner can be discharged (released) from jail. disclosure  Providing information to another person or institution as required by a contract or other legal process. discoverable date  The first date that a person knew, or should have known, that someone was injured, that the defendant caused it and that the injury was serious enough for compensation (damages) to be ordered. discovery  Compulsory sharing of facts and documents between parties before a case is heard in court. discretion  Power to choose whether to do something or not. For example, a judge may have discretion to allow a party extra time to complete a document if it would be unfair to enforce the legal time limit. distrain  To seize the property of a debtor to enforce the payment of the debt. Requires a court order, and is done by the Sheriff, not by the creditor. divisible property  Property belonging to a bankrupt that can be used to pay off debts. Some property such as tools or trade, ordinary household furniture and a low-value car are excluded from the property that can be taken and sold. See also bankruptcy . divorce  The legal ending of a marriage by court order. A marriage is legally divorced when a court issues a decree absolute where there has been an irretrievable breakdown of the marriage. See also decree nisi . doctrine of precedent  See precedent . doctrine  A framework, set of rules, procedural steps, or test, often established through precedent in the common law , through which judgments can be determined in a given legal case. domestic relationship  A relationship where people live together as a couple or a family. This describes people’s living arrangements, not their marital status. A domestic relationship can be registered in Victoria. domicile  A person’s permanent home according to the law. The home base where they belong. It is not necessarily the same as ‘residency’, which is where someone is presently living. It is particularly relevant to family law and taxation law. double jeopardy  The principle that no-one should be placed at risk – ‘in jeopardy’ – of being convicted of a criminal offence for which they have already been punished. For example, in most circumstances if you have been on trial and found not guilty you cannot be put on trial for the same offence again even if there is new evidence. duplicity  (1) Deceit. (2) In a pleading in a civil action , ‘double-pleading’ or including two (or more) matters in one plea; in criminal matters, charging a person with more than one offence on the basis of one set of circumstances. duress  Forcing someone to do something they do not want to do. An agreement signed under duress will be invalid. duty lawyer  A lawyer who provides free assistance at court to a person who has been charged with a criminal offence and has not yet had any legal advice. duty of care  An obligation to take reasonable care to avoid harming other people or their property. Breach of a duty of care that causes damage or loss to another may give rise to an action in tort . E easement  A legal right over another person’s land. Easements are usually listed on a property’s title. For example, a right of way to walk or drive across a property to get to another place is an easement. ejectment  An action by an owner to get their land back, sometimes involving evicting a tenant or a squatter from the property. encumbrance  A legal restriction, such as a mortgage, that prevents the owner from freely dealing with real estate or other property. endorse  To support or approve something; to write on and sign a document to indicate its authenticity or ownership, or to indicate willingness to be bound by it. enduring power  Written authority given to a person to make decisions on behalf of another person. The authority