The Law Handbook 2024

Glossary 1167 financial information and communicating on their behalf. A supportive person appointed to help in health matters is a support person and the supportive attorney cannot fulfil this role. See also enduring power ; power of attorney . support person A person appointed to support a patient to make, communicate and give effect to the patient’s medical treatment decisions. surety  In criminal law, a person who promises a court that an accused person released on bail will attend court on a hearing date. If the accused person does not attend court, the surety must pay the court the amount of money stated in the bail documents. Also referred to as the guarantor. The sum of money payable if there is a breach is also referred to as the surety. suspended sentence  In a criminal matter, an adjournment without conviction . The sentence may be partially or wholly suspended, or a combined custody and treatment order. suspension  Exclusion of a student from school for a stated period as a disciplinary measure (a less severe punishment than expulsion ). sworn evidence  Evidence given in court under oath or affirmation . T taxable form  Set out in a way that meets the requirements for assessing a lawyer’s bill of costs. A bill in taxable form shows details of all the lawyer’s services and the charges made for each. tenancy  The agreement between a landlord and a tenant for the rental of a property. tenants in common  A form of joint ownership in which two or more people own property. Each person has their own separate share, and that share of the property can be left in a will. Compare with joint tenants . tender  To offer or hand over. For example, evidence is tendered in a court. Money is ‘legal tender’ that can be handed over in exchange for goods. A debtor can tender (offer) an amount of money in full payment of a debt, even if the debt is more than the amount tendered. Also, a tender can be a quote offering to construct a building or undertake renovations for a given price. termination  The end of something. Contracts terminate when the parties have done what they agreed. A contract can also be terminated without being completed; for example, if one party breaks the contract, or it is impossible to carry out. terms of reference  The formal list of things that a body set up to examine a matter of public interest can investigate and report on. The body must investigate all the matters listed, and it cannot go beyond them. testamentary capacity  The legal and mental ability to draw up a valid will. The mental capacity to understand about property rights and family responsibilities are important aspects of capacity. testator  A person who makes a will. therapeutic privilege  The right of doctors and other health professionals, in some circumstances, not to give a patient information that they believe it would harm them to know. third-party objector  A person appealing against a decision to grant approval for developments that may be harmful to the environment. Torrens title  The most common system of land registration, managed by Land Use Victoria, where a person’s ownership of the land is registered and guaranteed by being on the register (unlike the old system of title deeds for general law land that is not yet under this system). See also conveyance . tort  A civil wrong that causes harm, intentionally or otherwise. A person affected by a tort can take action in court to claim compensation for damage caused by the wrong, or an injunction to stop the wrong continuing. trafficking  Trading people or illegal products such as guns, drugs or ivory, often across borders, for commercial reward. transfer of land  A document used to change ownership of land from one person to another. The transfer must be registered with Land Victoria. See also certificate of title . treatment order  A court order saying that a person convicted of a criminal offence will be sent to a psychiatric hospital for treatment instead of going to prison. trespass  (1) Going onto someone’s land without permission. (2) Trespass to goods is wrongful interference with someone’s personal property; for example, doing something that harms someone’s computer. (3) Trespass to the person is doing something that interferes with a person’s body without their permission; for example, giving a very drunk person a tattoo. tribunal  A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. trust account  A bank account in which money is held on behalf another person, not for the use of the account holder. For example, a lawyer’s trust account holds clients’ money. It is regulated by strict accounting rules that safeguard the clients’ interests. For example, a trustee may hold a child’s inheritance for them until they turn 18. trust deed  A formal legal document setting out the rights and obligations of all the parties to a trust . trust  A type of property ownership or arrangement where one party, known as the trustee, holds property or money for the benefit of another party, referred to as the beneficiary . U ultra vires ‘Beyond power’. An act of a person or body that is outside their powers under the law. For example, it would be ultra vires for the Victorian Parliament to pass laws applying to the New South Wales Police Force because this is a power of the New South Wales Parliament, not the Victorian Parliament. unconscionable conduct  Behaviour that takes unfair advantage of a vulnerable person in a contract or other