The Law Handbook 2024

Glossary 1163 preliminary examination or hearing  See committal proceedings . prerogative writ  An order made by the Supreme Court of Victoria or the High Court of Australia to cancel the claimed legal effect of a decision ( certiorari ), or to require a body to do something ( mandamus ), or to prohibit a body from acting outside its authority ( prohibition ). See also ultra vires . prescribed owners corporation  An owners corporation that levies annual fees in excess of $200 000 in a financial year, or is responsible for a complex of more than 100 lots, including any accessory lots such as car parks or storage areas. pre-sentence report  A report the court considers before sentencing a young person. It is usually prepared by the Department of Human Services (Victoria). presentment  A document listing the charges against an accused. It is given to the court to begin a court case. presumption of innocence  The principle in criminal law that every person is innocent until a court finds them guilty. prima facie Something that seems to be the case, on the face of it. For example, if a court requires a prima facie case to exist before a person can start a legal action, there must be enough evidence to suggest, without going into the case in full, that the claim could succeed. prima facie case  A serious case which has a real possibility of ultimate success. prima facie evidence  Enough evidence to convict a person of an offence, if the ‘best case’ of the prosecution is accepted. Prima facie evidence must be capable of proving the elements of the offence beyond reasonable doubt. However, it is always open to the defendant to raise some kind of defence, so the prosecution case may still fail in the end. primary victim  Someone injured or killed as a direct result of an act of violence, not a secondary victim . principal relief  The main things a plaintiff in a civil case is seeking to get from a defendant by taking them to court. It can include getting compensation from the defendant or having them do, or stop doing, something. private nuisance  Interference with another person’s enjoyment and use of their land. Examples include neighbours making noise late at night and smells from uncollected rubbish. private ruling  An opinion given by the Australian Taxation Office to an individual taxpayer. The ruling is binding on the ATO, so if the taxpayer acts according to the opinion, the ATO cannot take the taxpayer to court if the opinion later turns out to be wrong. privative clause  A provision in a statute that seeks to prevent judicial review of decisions made under that statute. privilege against self-incrimination  An accused person’s right in criminal cases, subject to certain limits, not to do or say anything that could be used as evidence against them in a court case. privileged information  Information that is protected and cannot be used in court. privity of contract  The principle that only the actual parties to an agreement can be bound by it or go to court to enforce it. pro bono  Free or reduced-fee assistance in a legal matter. probate  The process of proving that a deceased person’s will is valid and was the last will they made before they died. The Probate Division of the Supreme Court accepts the will and seals it. The executor carrying out the instructions as set out in the will is then safe from legal action. probation  A non-custodial sentence that is served in the community and which does not involve a prison term. It requires good behaviour and supervision by a probation officer for a specified period. See also intensive correction order (ICO) . procure  (1) Obtain. For example, police can procure evidence from a crime scene. (2) To encourage or influence a person to commit a crime. professional indemnity insurance  A type of insurance that covers a person against a claim that they did not take enough care in doing their job. Lawyers and prescribed owners corporations , for example, are required by law to take out professional indemnity insurance. prohibited name  A name that cannot be registered because it is not in the public interest to allow it. For example, an obscene or offensive name, a name that is so long that it is totally impractical, or a name that references a public institution can be refused registration. prohibition  An order made by the Supreme Court of Victoria or the High Court of Australia prohibiting a body from acting outside its authority. Also an order to stop a lower court or tribunal making a decision in a case. See also jurisdiction ; prerogative writ ; ultra vires . prohibition notice  A safety notice that bans some activity that could be a risk to workers or others at a workplace. prosecution  The party presenting evidence in court on behalf of the state or Commonwealth government against a person accused of committing a crime. Also called the Crown. protected property  In bankruptcy, goods owned by a bankrupt that cannot be taken away and sold to pay creditors. This includes clothes, ordinary household furniture, some trade tools, and a car of low value. Compare divisible property . protection application  An application to a court by the Department of Human Services (Victoria) for an author­ isation to protect a child from harm. If the application is successful the court may authorise the removal of a child from their family, if the child is in danger of harm because the family or other carers are unable or unwilling to protect them. protection order  An order made by a court in response to a protection application . This may involve removal of the child from the family.