The Law Handbook 2024

1164 Glossary prothonotary  The title of the chief clerk of the Supreme Court of Victoria, the equivalent of the registrar of other courts. The prothonotary is responsible for the court’s administrative functions, and can review costs and fees charged to parties, conduct mediations and bring charges for contempt of court if someone breaks the court’s rules or shows disrespect towards it. provable debt  In a bankruptcy , a debt accepted by the trustee for proportional payment from available funds. The creditor receives a share of the bankrupt’s estate and the bankrupt is released from having to pay the full amount of the debt. proxy  A person who has been given power to do something on behalf of another person, such as voting for them at a meeting. The document authorising the action is also called a proxy, or a proxy form. prudential  Honest and careful conduct in finance and business management. psychosurgery  Brain surgery used as a way of treating mental disorders. public nuisance  A nuisance that interferes with the rights of members of the public. For example, unauthorised blocking of a public road so that drivers could not use it. public officer  A person appointed to act on behalf of a company or an incorporated association in any public dealings. pursuant to  By authority of, or in accordance with, or as directed by, some court order or legislation. Q qualified privilege  A defence that gives protection against a defamation lawsuit. It can be used if information was not given to cause harm, and was given to someone who had a public interest in getting it and who acted reasonably when they published it. See also absolute privilege . quantum  An amount. For example, the quantum of damages awarded by a court is the amount of money the defendant must pay. quorum  The number of people who have to be present in a meeting for a vote passed by the meeting to be valid. For example, one-third of all the senators have to be present in parliament for a Senate vote to be valid. R real estate  Real property. real property  Land, and any permanent buildings on the land. Also called real estate or real property. Compare personal property . rebuttable  Capable of being proved wrong in court. Compare deemed . recognisance  A bond or undertaking made to show a person understands what is required and will do something as promised. For example, an accused person can undertake to a court on recognisance that they will appear at a later date for their hearing. A recognisance may include a payment, known as a security, to back up the commitment. referral authority  An authority or government department to which a planning permit must be referred for advice before it is granted. registrar  The officer in charge of the administrative section of a court, which is known as the registry . See also prothonotary . registry  The administrative section of a court that accepts documents filed with the court and also handles some public enquiries. regulations or rules  Laws made by a body other than parliament but under its authority. These are made by the Governor of Victoria on the advice of the Victorian government, known as the Governor in Council. The rules are prepared and administered by government departments and statutory bodies under authority granted by a relevant Act of parliament. See also delegated legislation ; local laws . related victim  A person with a close family or personal relationship to a person who was killed as a result of an act of violence. release  A document signed by parties ending a court action. The party who began the action agrees to drop it, often in exchange for a payment by the other party. Also called terms of settlement. remand in custody  An order that a person charged with an offence but has not been convicted, be kept in police custody or imprisoned until they go to court for a hearing. remission  A reduction in the length of a prison term. renewable insurance policy  Insurance provided for a particular period of time, of a kind that is usual to renew at the end of that period of time. repairer’s lien  The right of a repairer to hold repaired goods until payment for their repair is received. repeal  To cancel the whole or part of an Act of parliament or a regulation. repossession  Taking back goods bought on credit from a debtor who still owes money on them. Repossession is an action commonly taken by creditors when a debtor fails to pay a loan on a large item with some resale value, such as a car. represented person  A person whose financial affairs are controlled by an administrator because they are not capable of managing their own affairs due to disability, mental illness, injury or other incapacitating circumstances. State Trustees Limited is the administrator for about half of the represented persons in Victoria. rescinded  Revoked or cancelled. rescission  The ending of a contract in a manner that places the parties to the contract in the position they were in before the contract existed (where restitution is possible). For example, in a rescission of a contract for the sale of a car the seller would get back the car and the buyer would get back their purchase money. See also termination .