The Law Handbook 2024

Glossary 1165 residence order  A parenting order that states who a child will live with – usually one of their parents – after a separation or divorce. respondent  (1) A defendant in a civil case that has been appealed to a higher court. (2) A person against whom some originating motion has been issued by an applicant. See also appellant . responsible authority  The government department or agency that is named in an Act of parliament as the body with power to exercise authority in a particular situation, for example granting permits or conducting inspections. restitution  Making good, returning things to the way they were. For example a court can order restitution of stolen goods to someone who is entitled to them; a party to a contract that has been rescinded is entitled to restitution that restores the status quo . restraining order  In family law, a court order that prohibits someone from harassing or molesting another person. See also intervention order ; personal safety intervention order ; family violence intervention order . restraint of trade  A commercial arrangement that prevents a business from freely buying or selling goods or services. For example, a seller may promise the buyer of a business that the seller will not set up a new business within 10 kilometres for 4 years. A contract like this cannot be enforced if it goes on for too long, or covers a very wide area. restricted community treatment order (RCTO)  Release into the community of a patient on a hospital order , on certain conditions, if treatment can be safely given in the community. retrospective law  A law that applies to something that happened in the past. For example, a law passed in 2012 that put a tax on car sales in 2011 would be a retrospective law. reversed onus of proof  The situation where the responsibility to prove something to a court is changed, so that the party that usually does not have the burden of proof now does have it. For example, in a strict liability offence, it is the defendant who has to prove they have a defence. See also onus of proof . review on the merits  Review of a case by a tribunal based on a full rehearing of the facts. This is different from an appeal that deals only with arguments about the law. revocation  Cancellation of a previous law or legal document. For example, when a new will is made, the old one is usually revoked. S sanction  (1) Punishment or threat of punishment to make people do the right thing. For example, a court may impose a penalty on a party who fails to lodge documents on time; a prison sentence is a sanction imposed for an offence. (2) Approval or authorisation. For example, a company director can authorise (sanction) an employee’s spending on travel for work. schedule  Extra information accompanying an Act of parliament or a contract, such as tables, lists or forms. secondary victim  (1) A person who witnesses a crime or other violence and is psychologically injured by seeing it. (2) The parent or guardian of a child who has been injured. Compare primary victim . section 32 statement  See vendor’s statement . secured creditor  A person or company that is owed money and has the right to sell a debtor’s property to cover any money that has not been paid by the due date. The payment is secured by a mortgage , charge or lien over the property of the debtor. security interest  An interest in or power over property to secure payment of a debt or obligation, generally in the form of a mortgage , charge or lien . security patient/resident  A person who has been sent to a mental hospital or residential institution rather than to prison. security  Money or property promised to be handed over as a guarantee for repayment of a loan, or as a guarantee that a defendant will meet their bail conditions. self-incrimination  Saying something that might be used against you in court. The privilege against self-incrimination is the right, with certain limitations, not to do or say anything that might later be used as evidence against you. self-representation  Presenting your own case in court without having a lawyer there to assist you. self-represented litigant  A person who does not have a lawyer to appear for them in court and who presents their case to the court themselves. Also called ‘unrepresented litigant’. sentencing order  A court order that imposes a penalty, such as imprisonment, in a criminal case. Compare non-custodial sentence . sequestration order  An order taking away a bankrupt’s property so that it can be used to pay off their debts. serious indictable offence  An indictable offence that has a penalty of imprisonment for five years or more. serious injury  Injury as a result of a car accident or other transport accident that causes serious long-term damage. Includes losing an arm, a leg, or bodily functions, suffering continuing mental or behavioural disturbances, or, for a pregnant woman, losing the baby. service  Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence. servitude  (1) Being completely under the control of another; for example, in sexual servitude (sex slavery). (2) A legal relationship between two pieces of land, where one is subject to a right that can be exercised over it by the owner of the other (for example, an easement). severable (parts of a contract)  Able to be removed by a court without stopping the rest of the contract having legal effect. sheriff  An officer of the court who is responsible for the enforcement of court orders.