The Law Handbook 2024

1162 Glossary Acts of Parliament and may also be known as regulations. See delegated legislation . originating motion  The application that starts a court proceeding. The process, which is different for different courts, is set out in rules made by the court. Also called the originating process . own motion  Decision by a body to take action, such as starting an investigation, without a complaint having been made. For example, a court can, ‘of its own motion’, without being asked by the parties in a case, find a person guilty of contempt of court. owners corporation  A body corporate created by regis­ tration of a plan of subdivision or a plan of strata or cluster subdivision. See also prescribed owners corporation . P paramount  The most important thing, above anything else. An act of paramount force is one that cannot be made subject to another for its operation. paramountcy principle  The family law principle that the welfare of children is the most important consideration to be taken into account when court orders are being made. parenting order  A court order for the care of children when their separated or divorced parents cannot reach agreement on a parenting plan . The order covers matters such as where the child will live, contact with the parents and financial support. parenting plan  A written agreement between parents who are separated or divorced, covering arrangements for the care and financial support of their children, including where the children will live and who will pay for what. parol agreement  A verbal agreement. parol evidence  Verbal evidence. The parol evidence rule says that where a written agreement exists, verbal evidence cannot be used to change the plain meaning of that agreement as written. parole  To free a prisoner after they have served a minimum term, but before the end of their sentence. While on parole the person may be subject to conditions such as having to report regularly to police. party  A person or organisation directly involved in a court case. Parties include the plaintiff or applicant, the defendant, and any third party added to the action, but not independent witnesses. party–party costs  Legal costs of one party paid by the other party, as ordered by the court. Most often paid by the losing party to the successful party. See also costs ; indemnity costs . pecuniary  Involving money. A pecuniary loss is a loss of money and a pecuniary penalty is a fine. perjury  The criminal offence of lying under oath, when questioned in court or making a sworn statement. See also affirmation ; oath . permanent care order  A court order that a child live with someone who is not a parent of the child but now has long- term care and responsibility for the child. perpetrator  A person who commits a crime. See also offender . perpetual succession  The fact that a company or organisation continues even if one or more of its members dies. Legal ownership of its property is not interrupted by death because everything is owned by the company or group as a whole. personal property security  A legal charge over a chattel or other personal property that guarantees repayment of a debt. The charge stops the debtor selling the property until the debt is paid off, and debtor agrees to give up the property to cover repayments if the debtor fails to pay. Similar to a mortgage over real property (land or real estate). personal property  Any property that is not freehold land ( real property ). personal safety intervention order  A court order made to protect a person from violence, intimidation or harassment by someone who is not a family member. See also intervention order ; family violence intervention order . plaintiff  A person who begins a civil action against another person. pleadings  Written statements submitted by both parties before a civil action to set out the claims being made by each party. police brief  Evidence that the police prosecutor uses to prove the guilt of a person charged with a criminal offence. portability  Able to be moved. For example, mobile phone numbers and health insurance contribution periods are portable (can be moved between suppliers). You can take them with you if you change from one service provider to another. possession  (1) Having control over property. Possession is not the same as ownership. For example, a bicycle you have borrowed from a friend is in your possession but you do not own it. (2) Having illegal drugs on your person or property. power of attorney  A formal, written legal document in which one person gives another person power to make decisions or take actions for them in certain situations. See also enduring power ; supportive attorney ; medical treatment decision maker . precedent  The doctrine that courts must follow past rulings of higher courts in very similar cases. For example, the County Court of Victoria must follow relevant rulings of the Supreme Court of Victoria. The precedent comes from the reasons a judge has given for their decision in a case. See also case law . pre-hearing conference  An informal, compulsory and confidential conference between the parties in a court action to try to reach a settlement or clarify any matters in dispute before the full hearing.