The Law Handbook 2024

Glossary 1161 stops the owner of the property selling it until they have paid off the debt. mortgagee  A person or body, such as a bank, that lends money secured by a mortgage over the property of the borrower. mortgagor  A person who borrows money and signs a mortgage as security. The money is often lent to buy something valuable, such as real estate, and the mortgage is a debt over that property. N native title  The interests and rights of Indigenous Australians to their traditional land. This title is not the same as a certificate of title. It is a connection to land under traditional laws and customs that has not been interrupted by later settlement and permits use of the land for traditional purposes. natural justice  Rules that courts, other dispute settlement bodies and government officials must follow to ensure that decisions are fair to all parties. Examples include the requirement that decision-makers act fairly, without bias, and the right of all parties involved in a case to present their side of a dispute. See also administrative law . necessaries  Things such as food and basic clothes that the law says are needed for people to live a reasonable life. A minor, in Victoria someone under 18 years old, cannot enter a legally enforceable contract, except for necessaries. negligence  An act that breaches a duty to take reasonable care and results in loss or damage to another person. See also tort . negotiable instrument  A signed document, such as a cheque, that transfers money from person to person. negotiation  An approach to dispute resolution where both parties discuss the matter in dispute between them, with the aim of reaching a settlement through a consensus, compromise or agreement. See alternative dispute resolution (ADR) ; arbitration ; conciliation ; mediation . next friend  A person who brings a court action on behalf of a child or a person of unsound mind. See also litigation guardian ; independent witness ; McKenzie Friend . nominal damages  A small amount of damages a court can order a defendant to pay when a right has been violated but no real damage of monetary value has been done to the plaintiff. For example, a person can sue for trespass if a person goes onto their property without permission. The court would order nominal damages if no harm was done to the property. nominee  (1) A person put forward as a candidate for an elected position. (2) A person chosen to act on behalf of someone else. See also agent . non-custodial sentence  A sentence for a criminal offence that does not involve imprisonment. The offender would normally be sentenced to a form of rehabilitation. See also intensive correction order (ICO) . non-parole period  The minimum period that a person must spend in prison before they are eligible to be released on parole. See also parole . notice of defence  In a civil case, a document that a defendant must give to a plaintiff informing them that they will defend the lawsuit against them, and the reasons why. notional earnings  The amount of money a person is expected to earn in a week. If a person does not work, the court calculates how much the person would be capable of earning if they did work. nuisance  Doing something that stops another person fully using and enjoying land they own or occupy. For example, someone burning off smelly rubbish in their backyard might ruin a neighbour’s enjoyment of their garden. See also private nuisance ; public nuisance . O oath  A person’s promise when they swear to tell the truth in court, or when signing an affidavit . A person taking an oath places one hand on the Bible or other holy book to demonstrate how seriously they take their promise. See also affirmation . obiter dictum Words said or written by a judge, when deciding a court case, which are not necessary for the decision. For example, a judge in the Supreme Court of Victoria might say in passing that the law on theft in the United Kingdom is not the same as the law on theft in Victoria. Since the Supreme Court is not bound by United Kingdom law, the judge’s comment about it is not necessary for the court’s decision. offence  A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious). offender  A person who has committed a crime. offer  The first step in agreeing to make a legally binding agreement. An offer must be accepted before there can be a legally enforceable contract. For example, a person can offer to sell their car for $5000 and a buyer can accept the offer and pay that purchase price. ombudsman  A public official appointed to investigate citizens’ complaints against government departments and statutory authorities. A specialised ombudsman resolves consumer complaints in a particular industry, for example the banking ombudsman for the banking industry. See also statutory authority . on their own undertaking  When a person is released on bail without having a surety to vouch for them. They just have to promise they will attend court on a specified date. See also recognisance . onus of proof  See burden of proof . order nisi  An order that will come into force at the end of a stated period unless a specified event happens. See also decree absolute ; decree nisi . Orders-in-Council  Laws made by the Governor-in- Council, or at the federal level, by the Governor-General- in-Council. They are made under the authority of relevant