The Law Handbook 2024

Glossary 1157 fiduciary duty  An obligation to act honestly and for the benefit of another person. The duty only applies to certain relationships where a fiduciary relationship exists; for example, a solicitor owes a fiduciary duty to their client and a trustee owes a fiduciary duty to their beneficiaries. forensic patient or resident  A person detained in a mental hospital or institution after being found unfit to stand trial, or found not guilty because of mental illness or intellectual disability. forensic procedure  A method of collecting evidence, such as taking fingerprints or getting a DNA sample, from a person suspected of committing an offence, or by examining a crime scene and collecting samples. Samples may also be taken in a civil action to prove or disprove a paternity claim. franchise  A business arrangement where a person who has worked out a successful business model sets up a chain of businesses and sells licences to others to operate using the same model and branding. A common example is a fast- food chain. fraud  An intentionally dishonest act, or lack of action, done to deceive someone and bring some advantage over those who have been deceived. freedom of association  The right to join or choose to be identified with some group with a common interest, for example, a union or a a religion. Equally, the right not to belong. freedom of information  The right of any person to access documents held by government agencies, except documents excluded by legislation. G gazumping  The practice of making a higher offer on a property after the vendor has agreed on a purchase price with another buyer, and having the higher price accepted. The first buyer has then been gazumped, and loses the deal. general damages  Part of the money a court orders a defendant to pay as compensation. General damages cover losses that cannot be calculated exactly, such as money for pain and suffering, disfigurement or loss of earning capacity or enjoyment of life. See also exemplary damages ; special damages . grievance procedure  The steps that need to be followed by someone with a complaint against an organisation, for example an employer, government department or agency. guarantee  A binding promise made as reassurance that another person will carry out their legal obligations (for example, paying a debt). The person making the promise is called a guarantor. If the person being guaranteed fails to pay, the guarantor becomes responsible for the debt. guardian  (1) Someone who is appointed to make decisions about personal matters of a person with disability. (2) Someone who is responsible for a child. H habeas corpus See false imprisonment . hand-up brief  A collection of documents that the prosecution must give to the accused person in a criminal case and also provide to the court. The brief must contain all the charges and a summary of evidence that will be used against the accused. See also service . hearing  The time and place at which a court or tribunal hears the parties argue their case and makes a decision. hearsay evidence  Statements about something that has not been seen or heard by the witness, but has been told to them by another person. Hearsay evidence is usually not allowed in court. hire purchase  A contract that requires a buyer to purchase goods by making instalment payments. The buyer only owns the goods after they have made the final instalment payment. hire  (1) An agreement to pay for the temporary use of something; for example, a car. Also called renting or leasing. (2) To employ someone to do work. hospital order  In a criminal case, a sentence imposed by the court that a person be admitted to a mental hospital as an involuntary patient . Also, known as a hospital security order. I identification material  Evidence collected by police to help identify a person suspected of committing an offence. This may include fingerprints, voice recordings, handwriting samples or photographs. identification parade  A police line-up. A group of people that includes a suspect and several other people who look similar but have nothing to do with the case. A witness who saw an offence being committed is asked to say whether anyone in the line is the offender. If they pick the suspected person, it can be used as evidence in court. implied terms  (1) Unwritten promises that a court considers are part of an agreement because it is clear that the parties meant to include them. (2) Terms that, under legislation such as consumer protection laws, are automatically part of some agreements. For example, under legislation all goods sold must be of acceptable quality. implied warranty  A promise that goods and services will be of reasonable quality. This does not need to be written into the contract as it automatically applies to all goods and services sold in Victoria. in lieu  Instead of. So, time in lieu is time off instead of payment for overtime worked. in loco parentis Someone who is acting in the position of a parent and has authority over a child. For example, a school teacher in charge of children on a school bus trip has the right to give them reasonable instructions. inadmissible  Something that is not allowed as evidence in a court hearing. For example, the fact that someone has been convicted of theft in the past is inadmissible to show that they stole something this time. incorporated associations  A not-for-profit community organisation, such as a club, with a separate legal identity and a structure regulated by legislation.