The Law Handbook 2024

1166 Glossary show cause  The requirement that a party convince a government authority or a court why some decision should not be made against them. For example, to get bail, an accused person might have to show a court why they should not be held in prison. A defendant who has to show cause has a reversed burden of proof (i.e. it is the defendant, not the prosecution, that has to prove something). sine die Latin for ‘another day’. Used when a court hearing is adjourned indefinitely, usually when the parties say they have reached agreement. The case can then only be brought back if one of the parties applies to the court . See also adjourn . slander  See defamation . solicitor  A legal practitioner (lawyer) who sees clients and opens files to deal with their legal matters but usually does not appear in court. See also barrister . solvent  Having enough money to pay all your debts when they are due. special circumstances These are defined in the Infringements Act 2006 (Vic) and may allow you to resolve your fines without paying them. Special circumstances include mental illness, cognitive impairment, addiction, homelessness, family violence or other circumstances that make it impracticable to pay a fine but do not relate solely to financial matters. special damages  Part of the money a court orders to be paid as compensation by a defendant. Special damages cover specific expenses that can be calculated exactly, such as medical expenses or the cost of buying a replacement item. See also damages ; general damages . specific performance  Carrying out the precise obli­ gations that are set out in a contract. For example, a contract might require the sale of a piece of land. If the parties do not perform a contract a court can order specific performance. spent conviction  A criminal conviction which is removed from a person’s criminal record if they do not reoffend during a certain period. stale complaint  A complaint that fails because the person making the complaint has waited too long to take action. stamp duty  A state tax on the transfer of ownership of property such as land, or on leases. stand down  To adjourn (postpone) a case. Also called standing over, as in ‘standing the matter over’. standard of proof  The level of proof required level to prove a case in court. In criminal cases the prosecution must prove its case beyond reasonable doubt . In civil (non- criminal) cases, the plaintiff must prove that their argument is more likely to be true than false. This is known as proof on the balance of probabilities . standing  The right to appear in a court action and be heard. In general, a person cannot bring a case or have their say in a court about something that does not directly affect their interests. They must be able to show that they have sufficient interest in the case because, for example, of possible effects on their property or commercial activities. Also called locus standi . status quo  The way things are now, the existing situation. statute  A law made by parliament, either state or Commonwealth. Also called an Act, and Act of parliament or legislation. statute-barred debts  Debts for which the right to take action to recover payment is limited to a specified period. After that time expires, an action will not succeed in court. statutory declaration  A written statement of facts that meet statutory requirements by being signed and declared to be true before an official authorised to take declarations. statutory defence  Protection against being sued that is stated in legislation. The defence stops a person being found liable in court. For example, a person who is giving evidence in court is can say things that would be defamation if they said them anywhere else. statutory  Found in a statute of delegated legislation . For example, a statutory authority or body is a person or organisation that has special powers given by parliament to do work for the public benefit. stay of proceedings  An order that a particular legal action stop. A stay may be for a fixed period, or until some stated event occurs, or permanent. strict liability  Holding a person responsible for breaking a law, whether or not they intended to break it, or were negligent. Proof that the person broke the law is enough. See also liability ; mens rea ; negligence . subpoena  A court order saying that a person must appear in court to give verbal evidence or provide particular documents. See also summons. substantiation  Providing proof of a claim; for example, that an expense was incurred (where producing a receipt substantiates the claim). sue  To take legal action in a civil case. sufficiently interested party  A person or company that is not a party to a contract but has been involved in a transaction in some way. This gives the court reason to allow them to be named as a party in the proceeding. summary offence  A minor criminal offence, for example being drunk and disorderly, usually heard in the Magistrates’ Court. Compare indictable offence . summons  A formal document issued by a court which says someone must appear in court on the date stated in the document. See also service ; writ . supervision order  An order the Children’s Court may impose upon a young person found guilty of an offence. Under this order, the young person will be supervised by a probation officer and will have to obey any other conditions the court imposes upon them. These conditions can be placed on the young person’s parents or persons with whom the young person is living. Also, a supervision order requires a person arguing substantial mental impairment in a serious criminal case to be admitted to a mental institution. supportive attorney  A person appointed to support someone in making and giving effect to their decisions by accessing their personal (other than medical treatment) and