Look up legal terms

A court order for money to be paid to someone to compensate them for a loss suffered as a result of a civil wrong or breach of contract. For example, a person who caused a serious permanent injury to another person can be ordered by the court to pay damages that compensate the injured person for their loss of income from being unable to work. See also aggravated damages; compensatory damages; general damages; liquidated damages; nominal damages; special damages.

In fact, rather than in law. Commonly used to refer to two people living together as a married couple but who are not legally married. They are sometimes said to be in a ‘de facto’ marriage or relationship. See also domestic relationship.

Money that is owed by one person or business to another.

An arrangement between a debtor and a creditor for the repayment of an unpaid debt, often by instalments. Generally negotiated because the debtor has been unable to pay the debt as originally agreed.

A person who owes a debt.

A court’s judgment about the meaning of a point of law in a case. A declaratory order just states the law. It does not itself include a remedy such as damages or an injunction. See also damages; injunction.

(1) A command given by a public authority. For example, a health authority might decree that animals with a contagious disease be quarantined. (2) A court order.

The final order in divorce proceedings, made by the Federal Circuit Court. The order states that the marriage has been terminated. Both parties are now free to remarry. See also decree nisi; decree of nullity;marriage.

An order that a marriage is to be terminated in one month. Neither party can remarry until the order is finalised (when a decree absolute will be issued).

Divorce. See decree nisi; decree absolute.

A court order stating that a marriage is not legally valid.

A formal legal document that is used for specific purposes, such as trusts, some types of ownership of land, and agreements where no money is going to be paid. Deeds must clearly state that they are a deed, and they usually include the words ‘signed, sealed and delivered’. They are also called ‘contracts under seal’, although attaching a seal with wax is no longer necessary.

Treated by the law as if something is the case, even if that is not the reality. For example, children may be deemed to have the same home as their parents, whether they actually live there or not. Or a person may be deemed to have given their consent to something if they hear about it and do not object. Compare rebuttable.

To damage another person’s reputation by publishing or communicating false statements about them. The old common law distinction between libel (written and published defamation) and slander (spoken defamation) no longer has any legal significance.

Failure to do something that is legally required. For example, a person who fails to make a payment on their car is in default on the loan; if they continue to be in default the creditor may issue a default summons to take the debtor to court.  

(1) A defendant’s response to the legal claims made against them in court by a prosecutor or plaintiff. (2) A lawful excuse for conduct: for example, causing minor injuries to someone while saving them from certain death. (3) ‘The defence’ is also a way of referring to the defendant and their legal team.

A person who has been charged with a criminal offence or against whom a civil action has been brought.

An adjournment without conviction.

Laws made by bodies subordinate to parliament. These laws may be regulations or rules, local laws or Orders-in-Council.

The transfer of responsibilities from a higher authority to a lower one. For example, a government minister may have power to hand their decision-making responsibility for visa applications to a public servant. Whenever there is a delegation, the higher official continues to have the authority to make the decision.

A person who swears or affirms an affidavit.

Expelling a non-citizen from a country because they do not have a legal right to remain there. They might have been convicted of a serious crime, or be regarded as a threat to national security.

A written record of the evidence given on oath at committal proceedings. Depositions may be used if the witness cannot give evidence when the trial takes place.

A finalisation, especially a decision made by a court or tribunal to finalise (determine) a case. 

Improper direction by one person (or body) to another, so that the person who is supposed to make a decision is not absolutely free of outside influence when they make it.

A legally proper instruction by one person (or body) to another, so that the person is bound to take action, or make a decision, as instructed. Compare dictation.

A short hearing between the judge and the lawyers in a case to decide how the case will be run until the hearing starts. For example, information can be given about the legal points the parties disagree about and the evidence that can be admitted.

Money paid by one person on behalf of another person. For example, a lawyer pays the cost of lodging documents on behalf of their client. Also called ‘out-of- pocket’ expenses. 

(1) To fulfil an obligation or be released from an obligation. For example, a debtor can discharge a debt by paying it; a prisoner can be discharged (released) from jail.

Providing information to another person or institution as required by a contract or other legal process.

The first date that a person knew, or should have known, that someone was injured, that the defendant caused it and that the injury was serious enough for compensation (damages) to be ordered.

Compulsory sharing of facts and documents between parties before a case is heard in court.

Power to choose whether to do something or not. For example, a judge may have discretion to allow a party extra time to complete a document if it would be unfair to enforce the legal time limit.

To seize the property of a debtor to enforce the payment of the debt. Requires a court order, and is done by the Sheriff, not by the creditor.

Property belonging to a bankrupt that can be used to pay off debts. Some property such as tools or trade, ordinary household furniture and a low-value car are excluded from the property that can be taken and sold. See also bankruptcy.

The legal ending of a marriage by court order. A marriage is legally divorced when a court issues a decree absolute where there has been an irretrievable breakdown of the marriage. See also decree nisi.

A framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case.

See precedent.

A relationship where people live together as a couple or a family. This describes people’s living arrangements, not their marital status. A domestic relationship can be registered in Victoria.

A person’s permanent home according to the law. The home base where they belong. It is not necessarily the same as ‘residency’, which is where someone is presently living. It is particularly relevant to family law and taxation law.

The principle that no-one should be placed at risk – ‘in jeopardy’ – of being convicted of a criminal offence for which they have already been punished. For example, in most circumstances if you have been on trial and found not guilty you cannot be put on trial for the same offence again even if there is new evidence.

(1) Deceit. (2) In a pleading in a civil action, ‘double-pleading’ or including two (or more) matters in one plea; in criminal matters, charging a person with more than one offence on the basis of one set of circumstances.

Forcing someone to do something they do not want to do. An agreement signed under duress will be invalid.

A lawyer who provides free assistance at court to a person who has been charged with a criminal offence and has not yet had any legal advice.

An obligation to take reasonable care to avoid harming other people or their property. Breach of a duty of care that causes damage or loss to another may give rise to an action in tort.