The Law Handbook 2024

1160 Glossary liquidated  An amount of money that is definite, or easily worked out. For example, the cost of a repair bill. See also unliquidated . liquidated damages  An amount fixed in a contract as the amount the parties agree will be payable if the contract is broken. It must be a realistic amount to compensate the other party, not a penalty. See also damages . litigant  A party in a civil action. litigation  Court proceedings about a civil dispute (not a criminal case). litigation guardian  An adult who acts in court for a child or person with an intellectual disability. A litigation guardian must pay for the costs of the court action if it is unsuccessful. See also McKenzie Friend ; next friend . local laws  Laws made and enforced by municipal councils within their boundaries. Previously called by-laws. See delegated legislation. locus standi  See standing . long-stop limitation period  In personal injury cases including consumer cases, a period of 12 years from the date of the act or omission that caused death, within which time court proceedings for damages must be issued. M maintenance  Money paid to a person to financially support them. When a couple has separated both parents have a duty to support their children, and a court can order a parent to make regular payments to support the children. Maintenance for a spouse is now less common, and must be applied for within 12 months of a divorce. It is usually covered in a final settlement of all property. malice  A desire to cause harm to someone, in a criminal act or by defamation. mandamus  An order made by the Supreme Court requiring a lower court, government body or official to do something that they have a duty to do. For example, the court might order a minister to reconsider an application for a new broadcasting licence they have failed to consider properly. mandatory  Required by law to be done; a law that must be strictly complied with. Under mandatory reporting , people in particular jobs must tell a government agency if they know an offence is being committed – for example, doctors and teachers must report child abuse. Mandatory sentencing requires judges to give an automatic jail term for certain offences. marriage  A voluntary, formal and legally binding agreement between two people to have a permanent relationship together. There must be a statement in front of official witnesses who register the marriage with the authorities. See also cohabitation ; de facto ; divorce ; domestic relationship . material  Relevant or important. For example, material evidence is something that helps to prove an argument in a criminal case. material form  Any form of storage from which a copyright work can be reproduced. McKenzie Friend  The general term used to describe a person who sits with and assists a party in court proceedings if they do not have any legal representation and the court agrees. They assist by taking notes and offering quiet advice. See also litigation guardian ; next friend . means test  A list of requirements that a person must meet to qualify for a benefit such as a pension or other financial assistance. Means tests generally take into account a person’s income and assets. mediation  A form of alternative dispute resolution where an independent person (a mediator) is appointed to help the parties come to agreement. Mediators do not decide the outcome of the dispute. They help the parties consider the issues and best possible outcome. Parties may choose to use mediation instead of going to court, or the court may order the parties to go to mediation as a way of avoiding a court hearing. See also arbitration ; conciliation ; negotiation . medical treatment decision maker Someone appointed by a patient or by VCAT or through operation of statute to make decisions about medical and dental treatment. mens rea The mental part of a crime that the prosecution must prove in a trial. For example, an intention to steal is the mens rea for the crime of theft. There is also a physical part of a crime, known as actus reus , that must be proved by the prosecution. A crime may have more than one mental element, such as intention, recklessness, negligence, dishonesty or malice. mention date  The first day on which a criminal matter is brought before a Magistrates’ Court. On that day, a person tells the court whether they will plead guilty or not guilty to a criminal charge. A case can only be finalised on the mention day if it is a plea of guilty. merchantable quality  Being in good enough condition to be sold. Under Australian consumer protection laws, goods must be of merchantable quality. minor  In Victoria, a child or young person under 18. See also infant . misleading or deceptive conduct  Something done by a manufacturer or seller that is unfair, dishonest or likely to mislead a consumer when buying goods or services. misrepresentation  Making a statement or doing something that is false to try to get someone to do something they would not otherwise do; for example, buy goods of poor quality. mitigating circumstances  Circumstances which reduce the sanction a court will order for committing an offence, or the amount of damages a court will order against a civil defendant. moral rights  The rights of the creator, not the owner, of an artistic, dramatic or literary work or film to have their authorship acknowledged and to protect the integrity of the work or film. For example, the right not to have someone else’s signature added to their work, or have changes made to it so that it expresses a different idea. mortgage  A restriction attached to ownership of property to secure the repayment of money borrowed. The mortgage