Legal words

Learn some common legal words you may see when dealing with your legal problem.

Word or phrase	Definition
ABN	Australian Business Number A number, with 11 digits, that the Australian Taxation Office gives to a business.
Access Application	An application to a NSW State Government department requesting information held by the department, or information about the department.This application is made under the Government Information (Public Access) Act 2009.
Accused	A person who has been arrested and charged by the police with a criminal offence.
Acknowledgement of Debt OR Acknowledgement of Liquidated Claim	A court form filed by a person who admits that they owe the money being claimed against them in court.
ACN	Australian Company Number A registration number, with 9 digits, that the Australian Securities and Investments Commission gives to a company.
Acquittal	A finding that an accused person is not guilty of a criminal offence.
Acts	Laws made by Parliament are called Acts. The Federal Parliament in Canberra makes laws that affect the whole of Australia. For example, the Fair Work Act 2009 (Cth). The NSW Parliament makes laws that affect NSW. For example, the Adoption Act 2000 (NSW).
Additional orders (AVOs)	Optional orders that may be included in an application for an AVO in addition to the mandatory (or standard) orders. These orders deal with issues such as restricting contact with the protected person(s).
Address for service	After a court case starts, all the people involved in the case need to have an address where they want letters and court documents to be delivered to them by post and by hand.
Adjoining properties	Properties located next to one another.
Adjournment	Postponing a court hearing or other court appearance to another date or time.
Administrative Appeals Tribunal (AAT)	The Administrative Appeals Tribunal is an independent body that reviews administrative decisions made under Commonwealth law. It has nine divisions: Freedom of Information Division General Division Migration & Refugee Division (including the Immigration Assessment Authority) National Disability Insurance Scheme Division Security Division Small Business Taxation Division Social Services & Child Support Division Taxation & Commercial Division, and Veterans’ Appeals Division
Administrator	An administrator is the person who is granted letters of administration after someone has died without leaving a will. The administrator has legal authority to distribute the deceased person's estate.
Admissible evidence	The court has rules about what kind of evidence it will accept in a court case. Evidence the court decides to accept is called 'admissible evidence'.
Admission	A confession or a statement acknowledging the truth of something.
Advanced Care Directive	A document that sets out your wishes about your future medical treatment if you become injured or seriously ill and lose the ability to make decisions for yourself. Also known as a living will.
Adverse Action	Unlawful action taken by an employer against an employee because they have a workplace right or have used, or tried to use, a workplace right. Adverse action includes: dismissing or demoting an employee reducing an employee's hours or overtime hours treating an employee differently for a discriminatory reason
ADVO	See Apprehended Domestic Violence Order
Advocate	Individuals from organisations registered with Revenue NSW to speak to Revenue NSW on behalf of a client to discuss their options to deal with a fine. Advocates include employees from organisations like Legal Aid NSW, Community Legal Centres and Financial Counsellors Association of NSW.
Affidavit	A written statement prepared by a person. The statement must be sworn or affirmed to be true in front of a solicitor, barrister or justice of the peace.
Affidavit of Service	A written statement of a person who has served a court document. It tells the court: what document was served, who was served, where the document was served, how the document was served, and what happened when the document was served The person must swear or affirm that the statement is true and sign it in front of a solicitor, barrister or justice of the peace.
Affirm	To solemnly promise to tell the truth in court or in an affidavit. An affirmation is made instead of a religious oath.
Agency	A relationship between two people where one person (the 'agent') agrees to do something on behalf of the other person (the 'principal'). For example, Sally gave her friend, Nico, the keys to her car and asked Nico to drive to the shops and pick up her dry cleaning. There is an agency relationship between Nico and Sally.
Agent	1. A person who acts on behalf of another person (the 'principal'), with the agreement of that other person. See Agency. 2. A lawyer who comes to court in the place of a person's own lawyer. This usually happens if the person's lawyer works a long way from the court or is not available that day.
Agistment	Where an owner of land allows another person's livestock to graze or feed on their property for a fee. Usually, there is a condition that the livestock are returned to the owner on demand.
Aggravating factors	Any relevant facts that make the offence more serious.
Alcohol Interlock Program	A court ordered penalty for people who commit drink driving offences. It involves an electronic breath-testing device being connected to the ignition of a vehicle. The vehicle will not start unless the driver passes a breath test.
Allegation	A claim made by one party (such as the police) about something that has or has not been done. This claim needs to be proved in court.
Allowance	An extra payment an employee may receive for using their own equipment or working in dangerous or dirty conditions.
Alternative Dispute Resolution (ADR)	A way of resolving a case without having a court hearing. Most types of Alternative Dispute Resolution use a third person, who is not involved in the case, to help the parties come to an agreement. The most common type of Alternative Dispute Resolution is mediation.
Amend	To make changes to a document that has already been filed at court. The amended document is then filed and served on the other party.
Annexure	A document referred to in an affidavit that is attached to the affidavit.
Annual leave	Paid time off work that an employee is entitled to every year.
Annul	To cancel or make invalid.
Annulment Application	1. An application to Revenue NSW to cancel your Enforcement Order and have your case heard at court, or 2. An application to the court to cancel or reverse a decision made by the court and have the matter re-listed, because you missed court.
Anti-Discrimination NSW	Anti-Discrimination NSW investigates complaints of discrimination in NSW. They provide information on discrimination and help parties to resolve their discrimination complaints where possible.
Appeal	To apply to a higher court asking that the decision of a lower court be changed or cancelled.
Appearance	When a party goes to court for a case.
Appellant	A person who appeals against a decision.
Applicant	The person making an application.
Applicant (AVO)	The person who makes an application for an AVO. This will usually be the police or the protected person, who is also sometimes called the Person in Need of Protection (PINOP).
Application	A request to a court, tribunal or other decision-making body.
Apprehended Domestic Violence Order	An order made by a court that is aimed at protecting someone from another person who they are, or were, in a domestic relationship with. For example, husband and wife, mother and son, grandfather and granddaughter, de facto partners, people who live in the same household, unpaid carer and the dependant.
APVO	See Apprehended Personal Violence Order
Apprehended Personal Violence Order	An order made by a court that is aimed at protecting someone from another person who they are not in, and have never been, in a domestic relationship with. For example, neighbours.
Apprehended Violence Order	An order made by a court that is aimed at protecting one person or people from another person that causes them to fear for their safety.
Arbitration	A process for settling disputes where the parties involved present arguments and evidence to an independent third party, called an arbitrator, who makes a binding decisions about the matter. It is alternative to going to court.
Arraignment	The process in a criminal trial where the charges are read to the accused and the accused enters a plea for each charge.
Arrest	To be taken into police custody for committing, or being suspected of committing, a criminal offence.
Assessable person	A person detained in a mental health facility awaiting a mental health inquiry.
Assessment hearing	A hearing in court to work out the value of goods or the amount of damages to be awarded. In a recovery of goods case, if the plaintiff claims payment for the value of goods the court may have a hearing to decide what the goods are worth.
Assessor	A judicial officer appointed to decide small claims cases in the Local Court of NSW.
Asset (property) pool	The assets, debts and financial resources that need to be divided in a property settlement.
Assets	Property owned by a person. This includes real and personal property.
Associated entity	Companies will be associated entities if one company controls, influences or has an interest or investment in the other. Two businesses will also be 'associated entities' if there is a third business that controls them both.
Australian Human Rights Commission	The Australian Human Rights Commission protects and promotes human rights in Australia. It can investigate complaints about discrimination and breaches of human rights.
Authorised person	A person who can take the oath or affirmation of a person making an Affidavit and witness their signature. An Authorised Person must be a: justice of the peace, solicitor, or barrister
AVO	See Apprehended Violence Order
Award	An award sets out the minimum pay and conditions for people in an industry or profession. Most employees in Australia are covered by, modern awards. See Modern award

Word or phrase	Definition
Bail	The release of a person from custody after they have been charged with a criminal offence, on the condition that they return to court on a certain date. Other conditions may also be included, such as regular reporting to a police station and payment of money.
Bail concerns	Before making a decision about bail. the police or the Court must assess any bail concers. A bail concern is a concern that you, if released from custody, will: not attend court when required commit a serious offence endanger the safety of an alleged victim or the community, or interfere with witnesses or evidence.
Bail condition	An obligation that an accused person must comply with in order to be granted and remain on bail, for example, reporting to police every day.
Bail guarantor	Any person who offers security to the police or the court on behalf of the accused.
Bail money	Money offered to the police or the court that will be forfeited if the accused breaches bail.
Bail security	Security, such as a home, offered instead of cash for bail money.
Balance of probabilities	This is the standard of proof in civil cases, including AVO cases. To win their case the person making a claim has to bring enough evidence to prove on the balance of probabilities that it is more likely than not that their claim is true.
Bankruptcy	A legal process where people who cannot pay their debts give up their assets and control of their finances, either by agreement or a court order, in exchange for protection from legal action by creditors.
Bar table	In a courtroom the parties involved in a case, or their lawyers, speak to the judge, magistrate, registrar or assessor from the bar table. You should not walk past this table unless you are given permission.
Barrister	A lawyer whose main role is to represent people in court. They usually work together with a solicitor, and have limited direct contact with clients.
Bench	The place where the judge, magistrate, registrar or assessor sits.
Beneficiary	The person who will inherit and receive a benefit under the terms of a will. Also known as a 'donee' or 'grantee'.
Beyond reasonable doubt	This is the standard of proof in criminal cases. For a person to be found guilty of a criminal charge, the person making the allegation, usually the police, has to bring enough evidence to prove that the defendant committed the crime. The court must be satisfied from the evidence that there is no other reasonable explanation.
Bicycle lane	A lane on a public road that only bicycle riders can use, which is usually marked with a symbol or sign.
Binding nomination	A binding nomination is a separate form lodged by a member of a superannuation fund that specifies who will receive the death benefit. A binding nomination ensures that the superannuation fund pays the death benefit to a person or to the estate as nominated by the member. A binding nomination must be updated every three years.
Blameless accident	An accident where no one is to blame. For example, accidents may be caused by: a driver's sudden illness, for example, heart attack or stroke an unavoidable collision caused by an animal running across the road a car's unexplained mechanical failure. For example, brake failure or tyre blow out
Blind spot	An area outside the car (or other vehicle) that can't be seen while the driver is looking forward, through the rear view mirror or side mirrors.
Boarder (or lodger)	A person who receives accommodation for a fee, and usually some type of service, such as meals. A boarder or lodger usually doesn't have exclusive use of the property, for example, they might share certain facilities.
Boarding house	Accommodation that usually has: shared facilities, for example, a communal living room, bathroom, kitchen or laundry services provided, for example, meals or a cleaning or linen service. Most boarding houses have a caretaker that looks after the property and people that stay there. The people that live in boarding houses are usually boarders or lodgers.
Bonus	An extra payment an employee may receive for performing to a certain standard or reaching a specific target.
Boundary	The line dividing two properties.
Boundary determination	A decision by the Registrar General about where a boundary is located.
Breaching an AVO	When a person who has an AVO against them (the defendant), does something that they are not allowed to do under that AVO. For example, the defendant telephones the protected person when the Final AVO says they cannot contact the protected person. Breaching a Provisional, Interim or Final AVO is a criminal offence.
Brief of Evidence	The documents, including statements and photographs, that the police prosecutor will rely on in a case against a person charged with a criminal offence.
Bullying	Bullying is usually repeated unreasonable behaviour against a person that creates a risk to the employee's health and safety. It can be from a supervisor, manager or colleague. Examples include: being harassed at work getting nasty comments about your personality or appearance being teased, belittled or demeaned inappropriate touching, such as pushing being treated differently or unfairly compared to other staff being allocated inappropriate or unfair workloads and tasks\| being deliberately set impossible deadlines or workloads, and set up to fail excluding someone from workplace activities
Burden of proof	The need for the person who makes a claim, or charges someone with an offence, to bring evidence to prove the claim or charge. It is also called the onus of proof.

Word or phrase	Definition
CALD	Culturally And Linguistically Diverse. A term used to acknowledge people from different cultural backgrounds. This includes people whose first language is not English.
Call over	1. In a civil case, this may be the first or subsequent time the case is heard at court. The registrar or assessor may give directions to the parties about what they have to do to prepare for the hearing of the case. 2. In a criminal case, this may be the first or subsequent time a case is heard at court. Usually a registrar will find out how the accused person wants to respond to their charges before a magistrate hears the case.
CAN	See Court Attendance Notice
Carer's leave	Time off work if an employee needs to look after a member of their immediate family or household who is unwell or if there is an emergency.
Casual Employee	A person is a casual employee if: they are offered a job the offer does not include a firm advance commitment that the work will continue indefinitely with an agreed pattern of work they accept the offer knowing that there is no firm advance commitment and become an employee
CCTV	See Closed Circuit Television
Centrelink card	A card issued by Centrelink providing proof that you receive a benefit. This includes: Health care cards Commonwealth seniors health card Pensioner concession card
Certificate of Title	A certificate identifying the owner of land. and any interests registered against the land. For example, a 'mortgage'.
Certified copy	A copy of an original document that has been confirmed as a true and correct copy by an authorised person, such as a solicitor or justice of the peace.
Chamber Service	A service provided by the Local Court of NSW where senior staff provide information and assistance on procedures and applications to the Court.
Character reference	A letter, statement or document written by someone who knows you, such as a family member, friend or employer, that gives information about your good character.
Charge	When the police formally accuse a person of committing a criminal offence.
Charge on land	A registered interest on your land. This stops you from selling your land until you pay a debt that you owe.
Child support	Payments made by one parent to the other to support a child. Both parents are responsible for financially supporting their child.
Children's Court of NSW	The court that deals with certain types of cases involving children and young people, including: criminal and traffic cases applications for Apprehended Violence Orders against a child or young person applications for Compulsory Schooling Orders breaches of parole- care and protection cases. It is a closed court, meaning it is not open to the general public.
Chronology	A chronology is a list of events and the date they took place. They are usually listed from the first event (oldest) to the last event (most recent).
CIN	See Criminal Infringement Notice
Circle sentencing	An alternative sentencing process for adult aboriginal offenders, where a magistrate and members of the Aboriginal community sit in a circle and discuss the offence, the offender, and a suitable penalty.
Civil case	A dispute between individuals, companies, associations or government agencies. For example, disputes about debts, contracts, compensation for injury or damage, wills and employment.
Civil liberties	Rights or freedoms that are given to people. Examples of where a grant of legal aid may be awarded include false imprisonment, wrongful arrest, malicious prosecution, and being assaulted by a person in a special position of authority.
Civil Procedure Act 2005	This is a New South Wales law that sets out the rules and powers of the court in civil cases (not criminal cases) in New South Wales.
CJC	See Community Justice Centre
Client	Any person who consults or retains a lawyer either on their own behalf or on behalf of another person.
Client legal privilege	A legal principle that protects the confidentiality of communications and confidential documents between a lawyer and their client made for the dominant purpose of the lawyer providing legal advice or professional legal services to the client, or for use in current or anticipated litigation. Client legal privilege belongs to the client, not the lawyer. It is also known as legal professional privilege.
Closed Circuit Television	A television system used for the surveillance of a premises or place.
Closed Court	A courtroom that is not open to the general public. Most matter involving children are heard in closed court.
Codicil	A separate written document made by the testator that is dated, signed and witnessed exactly like a will and is attached to the original will. The purpose of a codicil is to make some changes to the original will without making a new will. When a person dies, the executor must file both the original will and the codicil with the application for probate.
Cohabitation	Living together as a couple. There are many factors which can be used to determine whether a couple has been cohabitating, including: living in the same house informing friends and family of the relationship engaging in a sexual relationship caring for children of the relationship.
Commission	An extra payment an employee may receive for selling a certain number of products. A commission can be a fee or calculated as a percentage of the number of products sold.
Common Boundary	See Boundary
Common law	Law based on past decisions made in cases by judges, magistrates and tribunal members.
Common property	The parts of the strata scheme that are owned by the owners corporation.
Commonwealth Courts Portal	The online portal for the Federal Court of Australia and Federal Circuit and Family Court of Australia. Also known as Comcourts or 'the portal'.
Community Justice Centre	A service that provides free mediation to help people in disputes reach an agreement. Also called the 'CJC'.
Community service leave	Time off work to undertake voluntary community emergency activities or jury service.
Community Service Order	A court order requiring an offender to complete a specified number of hours of community service work, as an alternative to serving a term of imprisonment.
Company	An organisation formed under the Corporations Act 2001 and regulated by the Australian Securities and Investments Commission. Companies have an Australian Company Number (ACN).
Compassionate leave	Time off work to spend time with an immediate family member who has a life threatening illness or injury.
Compensation	Money given or received as payment for a loss or injury.
Complainant (AVO)	The person who ahs made an application for an AVO. This person may also be referred to as the 'applicant', 'protected person' or 'person in need of protection' (PINOP).
Comprehensive car insurance	Car insurance that covers the insured person for any damage to: their own car another car, and any property.
Compulsory school-age	A child who is aged six years or older and who is under the minimum school leaving age.
Compulsory schooling	All children in NSW of compulsory school age must receive schooling.
Compulsory schooling conference	An order made by the Children's Court NSW that requires a parent and/or child to attend a conference to: identify and resolve any issues relating to the child's non-attendance at school identify services that can assist the child to attend school propose undertakings and orders for the Children's Court to consider
Compulsory schooling order	An order made by the Children's Court NSW that requires a child to receive compulsory schooling. An order can be made against: a child's parents, or a child aged 12 years or over if the child is living independently, or if the child's parents cannot get the child to go to school because they are disobedient.
Compulsory schooling undertaking	An agreed plan between the school, parents and agencies to support a child’s attendance at school. The undertaking may address the reasons why the child is not attending school and include support options.
Compulsory Third Party (CTP) car insurance	Car insurance that covers the insured person for any injuries they cause to other people while driving the insured car. It does not cover damage to property, other vehicles or to your vehicle. All cars registered in NSW need Compulsory Third Party car insurance. It is also known as a 'green slip'.
Conciliation	A type of alternative dispute resolution where a third party (called a 'conciliator') tries to help parties to come to an agreement about their dispute.
Conditions (AVO)	The terms or orders specified in an AVO.
Conduct money	An amount of money given to a person ordered in a subpoena to attend court or bring something to court. The money is to cover the reasonable costs of complying with the subpoena, such as travel expenses.
Confession	A person admitting that they have done something wrong or illegal
Confidential communication	A communication made in circumstances where the person who made it, or to whom it was made, was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.
Confidential document	A document made in circumstances where the person who made it, or to whom it was made, was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.
Confidential information	Facts or knowledge that is not publicly available.
Confirmed order for restitution	An Order for Restitution that has been confirmed by Victims Services. This was previously known as a Restitution Order.
Conflict of interest	A situation where a lawyers duty to a client conflicts with their duty to a current or former client. A situation where a lawyers personal interest conflicts with their duty to their client.
Consent	To agree to something.
Consent orders	Orders made by a court based on an agreement between the parties.
Consent to an order for restitution	When the defendant agrees to an Order for restitution to be referred to Revenue NSW.
Consent with admissions	Consenting (agreeing) to an AVO being made against you, and agreeing with the facts included in the application.
Consent without admissions	Consenting (agreeing) to an AVO being made against you, but not agreeing with the facts included in the application.
Contravene	To breach an Order, a regulation or law.
Contravention application	An application asking a court to punish a person for contravening (breaching) a court order.
Constructive dismissal	When an employee is forced to resign because of the way their employer has acted.
Consumer	A person who buys goods or services.
Contract	A legally binding promise or agreement, where there is consideration and certainty of terms. It doesn't have to be in writing.
Contractor	A person who is self-employed and provides goods and services to other people or businesses. A contractor usually: supplies their own tools or equipment works when and how they want spends some of their income on their own business expenses. If a person is a contractor, they are not an employee.
Contravene AVO	To knowingly breach or refuse to comply with a condition of a Provisional, Interim or Final AVO.
Contravention Application	An application asking a court to punish a person for contravening (breaching) a court order.
Contributory negligence	A person who has been injured or had their property damaged because of the negligence of another person can make a claim for compensation. A court may decide that the person making the claim was partly to blame for their injury or damage to their property. This is called contributory negligence. The amount of compensation will usually be reduced as a result. For example, Anna, Bill and Clement were involved in an accident. They all went to court, claiming money from each other for the damage to each of their cars. The Court found all three drivers had done something to cause the accident; Anna was 20% to blame, Bill was 20% to blame and Clement was 60% to blame.
Conveyance	To transfer a property from one owner to another.
Conviction	When the Court accepts your plea of guilty or decides you are guilty after a hearing. When you are convicted you are also given a penalty (sentence).
Cooling-off period	A specific period of time during which you can cancel an agreement, usually with no penalty.
Coroners Court of NSW	The Coroners Court of NSW holds inquests or inquiries to investigate and determine the causes of: unnatural, unexpected, sudden and suspicious deaths suspected deaths (in the case of missing persons) fires and explosions that cause serious injury or damage to property
Corporal punishment	Physical force applied as punishment or discipline.
Corporation	A legal entity that has a separate legal personality from its members, such as a company or incorporated association.
Costs	See Legal costs
Costs agreement	An agreement between a lawyer and client about what costs will be charged for the legal work provided.
Costs assessment	An independent assessment of the costs charged by a solicitor or barrister to decide if the costs are fair and reasonable.
Costs Assessor	An independent person appointed by the Supreme Court of NSW that reviews legal costs.
Costs orders	A court order that a party must pay all or part of another party's legal costs. This can include the cost of preparing a case and the cost of presenting a case. In some kinds of cases the amount of costs orders are fixed by regulation.
Council ordinance inspector	A person employed by a local council to issue fines for street parking offences.
Court appointed questioner	A person appointed by the court to ask the protected person or victim questions on behalf of a self-represented defendant during proceedings in domestic violence criminal matters and apprehended violence order proceedings. Court appointed questioners are court staff or Justices of the Peace.
Court Attendance Notice	A notice, issued by the police or another authority, that tells you the date and time that you have to go to court to answer an allegation that you have committed an offence. Also called a 'CAN'.
Court costs	An amount of money that a magistrate may order you to pay in a criminal case for having your case heard.
Court fees	Fees that the court charges to file documents, to issue certified copies of documents, and for tapes and transcripts of court cases.
Court fine	An amount of money that the court orders that you pay as a penalty for an offence.
Court Referral of Eligible Defendants into Treatment (CREDIT)	A court ordered program aimed at reducing re-offending by encouraging and assisting offenders to engage in education, treatment or rehabilitation programs. Also called 'CREDIT'.
Court timetable	Orders made by a court regarding the serving and filing of witness statements or any other documents, and the date the case is next in court.
Covenant	A covenant is an agreement. Covenants are often made about land. For example, a covenant never to build on certain land. The limits or obligations created by a covenant stay with land even when it is sold.
CREDIT	See Court Referral of Eligible Defendants into Treatment
Creditor	A person who is owed money, or believes they are owed money.
Criminal case	A case to decide whether a person who has been charged is guilty of a crime or other offence.
Criminal charge	An allegation by the police that someone has committed a criminal offence.
Criminal history	A list of all the matters you have been to court for, including AVO's, warrants, and offences where: you were found guilty you were given a section 10 dismissal you were found not guilty the charges were dismissed
Criminal Infringement Notice	An on the spot fine that may be issued by a police officer for certain criminal offences, such as offensive behaviour, offensive language and obstructing traffic.
Criminal record	A list of all criminal offences that a person has pleaded guilty to or been found guilty and convicted of in court. It also includes serious traffic offences, such as: drink driving convictions dangerous or negligent driving convictions where someone is hurt convictions for driving whilst disqualified. A criminal record will also include traffic offences where a person has disputed a fine, including a Criminal Infringement Notice (CIN), and has been convicted by the court. It does not include: AVOs dismissed criminal charges offences that you were found not guilty of offences where no conviction is recorded (if you were placed on a Conditional Release Order (CRO) without conviction, this offence may show up until the CRO expires).
Cross-application (cross-AVOs)	An application for an AVO made by the defendant against the protected person (PINOP) in the original AVO.
Cross claim	In civil cases a plaintiff makes a claim for money against a defendant. Sometimes the defendant believes that the plaintiff actually owes them money. In these cases the defendant can file a claim against the plaintiff. This is called a 'cross claim'.
Cross examination	After a witness for one party has given their evidence (called 'evidence in chief'), the other party in the case, or their lawyer, can ask the witness questions about their evidence. These questions are called 'cross examination'.
CSO	See Community Service Order
CTP	See Compulsory Third Party (CTP) car insurance
Custody	To be in the care and control of police, at a police station or another place of detention.
Custody Management Record	A document, which details a person's time in police custody.
Cyber abuse	Behaviour that uses technology to threaten, intimidate, harass or humiliate someone with the intention of hurting them socially, psychologically or physically.
Cyberbullying	The use of technology to bully, harass, intimidate or hurt a person. It can occur anywhere on the internet including by email, on a website or through apps.
Cyberstalking	The use of technology to stalk or repeatedly harass a person.

Word or phrase	Definition
Damages	Money claimed or awarded by a court to compensate a party for loss or injury, or to put them back in the position they were in before a legal wrong occurred. For example: in a car accident case, damages may include the costs of repairs to a car, hiring a replacement car, or replacing items which were in the car at the time of the accident and damaged in a recovery of goods case, damaged may include income lost by a person as a result of not being able to use the goods. See Compensation
Dangerous dog	A dog that: has attacked or killed a person or animal (other than rats or mice), without being provoked has threatened to attack or chased a person or animal on more than one occasion, without being provoked is kept for hunting, unless it is only used to locate or retrieve birds, rats or mice.
Date of separation	The date you and/or your ex-partner decided to end your relationship.
De facto maintenance	Financial support paid by a person to their former de facto partner because their former partner can't meet their reasonable living expenses.
De facto relationship	A relationship between two people, who are not married or related by family, who live together on a 'geniune domestic basis'.
Debtor	The person who owes money, or is said to owe money, to a creditor.
Decree of Nullity	An order made by the Federal Circuit and Family Court of Australia that a marriage is void. If a Decree of Nullity is made, the marriage is treated like it never happened. You can still apply for property or parenting orders.
Deed	A written agreement that binds the people who sign it. The words 'signed, sealed and delivered' are written on the document. The signatures of the parties must be witnessed.
Deed of release	A deed in which a party agrees to stop any current legal action, and/or not take any legal action in the future, against the other party.
Defamation	Where a person says or implies something that harms another person's reputation in the ordinary community, or within their trade or profession, and is likely to result in the person being shunned, avoided, made fun of, or despised.
Default judgment	Judgment made in favour of a plaintiff without a hearing, when the defendant has not taken any action to defend the claim such as, filing a defence.
Defence	In a civil case, the reasons why the defendant disputes the claim against them. A 'Defence' form is a document filed at court by the defendant to notify the court and the plaintiff that they dispute the claim, and it may also include the reasons why they do not owe the money claimed. In a criminal case, the reasons given by a defendant as to why they are not guilty of a criminal offence.
Defendant	A person who has: a court claim for money, an application for an Apprehended Violence Order, or a criminal charge brought against them.
Demerit points	Penalty points that are added to your licence when you commit certain driving offences.
Demotion	When an employee is moved to a position of a lesser grade, rank, or status.
Deponent	A person who gives written evidence in an affidavit.
Designated Agency	A department of public service or an organisation that arranges the provision of out of home care.
Detention application	An application to the court by the prosecutor requesting that: the accused person be refused bail, or the accused person's bail be revoked (cancelled).
Detention of goods	Where a person keeps goods or property that another person has a right to possess.
Directions	Instructions given by a registrar, assessor, magistrate or judge to parties in a case. For example, to file documents by a particular date.
Director	A person appointed or elected to be responsible for the activities of a company. Directors can represent the company in court cases.
Discrimination	When someone is treated less favourably than another person because of their race, colour, national or ethnic origin, sex, pregnancy or marital status, age, disability, religion, sexual preference, trade union activity, or some other characteristic.
Disbursements	The fees or expenses that the lawyer has paid on your behalf to their parties. For example, the cost of filing fees, photocopying, court filing fees or paying for expert reports. If your lawyer briefs a barrister, the barrister's fees will be included as a disbursement.
Discretion	The power of a registrar, assessor, magistrate or judge to make a decision, or give a penalty, based on the circumstances of the case. For example, a magistrate may give someone a fine for speeding, instead of a good behaviour bond.
Dismissal	When a person is sacked, fired or their employment is terminated.
Dispensation of service	An exemption from serving your documents on the other party.
Disqualification	See Licence Disqualification
District Court of NSW	The District Court hears criminal and civil trials, and some appeals, including: serious criminal cases and cases referred from the Local Court of NSW and the Children's Court of NSW all motor accident cases civil claims from $100,000 to $750,000 workers' compensation cases work health and safety cases.
Dividing fence	A structure that separates adjoining properties. A dividing fence can be made out of all sorts of materials, for example bricks, metal or wood. It may also be a ditch, embankment or vegetation, for example, a hedge.
Divorce order	An order made by a court that ends a marriage. Sometimes called a 'Divorce Certificate'.
Domestic abuse or domestic violence	The terms domestic abuse, domestic violence and family violence are often used to describe the same behaviour. Domestic abuse is behaviour by one person towards another in a domestic relationship which is: violent or threatening coercive or controlling, or causes the person to fear for their safety or for the safety of others. Domestic abuse can be a single act or a combination of acts over time. It also extends to behaviour that a child might hear, witness or otherwise be exposed to the effects of. It may include the following behaviours, or threat of the following: physical abuse or violence sexual abuse, coercion or violence economic or financial abuse verbal abuse shaming, degreading or humiliating a person intimidation stalking, harassing, monitoring or tracking a person damaging or destroying property harm to animals spiritual abuse deprivation or restriction of liberty or unreasonable regulation of a person’s day-to-day activities.
Domestic relationship	A relationship between two people that: are or have been married are or have been in a de facto relationship are or have been in an intimate personal relationship are or have been living in the same household are or have been living in the same residential facility (with some exceptions) or a detention centre have or had a relationship where one person provides unpaid care for the other person have or had a relationship where one person receives paid care (the dependant person) and is in need of protection against their paid carer are or have been relatives in the case of an Aboriginal person or a Torres Strait Islander, involve a person that is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person's culture. Sometimes this is referred to as 'family violence'. *It is not a domestic relationship if the paid carer is applying for protection against the dependant person (and they do not have any other type of domestic relationship).
Domestic Violence Order (DVO)	A Local Domestic Violence Order, Interstate Domestic Violence Order or Foreign order.
Domestic Violence Liaison Officer (DVLO)	A specialist police officer, trained in the dynamics of domestic and family violence, child protection procedures, victim support and court AVO processes required for the protection of victims of family violence. Also called a DVLO.
Driving offence	When driving laws are broken.
Driving record	A written history of fines a person has paid for traffic offences they have committed, as well as information about demerit points, when their licence was issued and whether their licence has been suspended, disqualified or cancelled.
Driving unlicensed	Driving without a legally valid drivers licence.
Drug Court of NSW	The Drug Court of NSW is a specialist court that attempts to address underlying drug dependency issues that lead to criminal behaviour. It takes referrals from the Local and District Courts of eligible offenders who are given treatment for their drug dependency as an alternative to prison. It sits in three locations: Parramatta Toronto, and Sydney
DUI	Driving Under the Influence of alcohol or another drug.
Duty	A legal responsibility owed by one person to another person. Sometimes this means that the person with the duty (responsibility) must do something. At other times, this means that the person with the duty (responsibility) must not do something. For example, all drivers have a duty (responsibility) to follow the Road Rules whenever they are using the road.
Duty of care	A person's legal responsibility to be careful when doing something that could result in someone getting hurt or property being damaged by the action. This duty only applies if it could have been predicted that someone could have been hurt by the action. For example, Brian was speeding through a red light and hits a pedestrian. Brian breached his duty of care to the pedestrian.
Duty of disclosure	The ongoing duty that a person has to provide, to the Court and each other party, all information and documents relevant to an issue in their family law matter, in a timely manner.
Duty of financial disclosure	The ongoing duty that a person has to provide, to the Court and each other party, all information and documents about their financial circumstances in a timely manner.
DVLO	See Domestic Violence Liaison Officer.

Word or phrase	Definition
Easement	An easement allows someone to use land that belongs to another person for a specific purpose. Common easements include easements for drainage and easements that provide a right of way.
EDR	See External Dispute Resolution
eFile	Electronically filing documents.
Employee	A person who works for another person or company and is paid a salary or wage.
Employer	A person or company who pays a person a salary or wage to work for them. The employer controls how and when the work is to be done.
Encumbrance	A legal interest or claim made by one person against the property of another person, which limits the ways that person can deal with their property. For example, a bank will register an encumbrance over a vehicle on the Personal Property Securities Register (PPSR) when you take out a secured car loan.
Enduring guardian	The person you nominate to be make decisions about your health and lifestyle if you lose the ability to make decisions for yourself.
Enduring power of attorney	A legal document that appoints a person, called your attorney, to deal with your property and financial affairs if you lose the ability to make decisions for yourself.
Enforcement	Action taken to make someone comply with a notice or order. For example, action taken by Revenue NSW to recover the outstanding amount of fines, or action taken by a judgment creditor to make the judgment debtor pay back the judgment debt.
Enforcement Costs	Costs added to an unpaid fine for the restrictions and sanctions that are imposed until the fine is paid in full or arrangements are made to pay the balance by instalments. For example, a fee may be added to an unpaid fine when Revenue NSW directs RMS to suspend your licence or cancel your registration. The costs of enforcing a judgment debt, which can include legal fees, court fees or levies paid to the sheriff.
Enforcement Order	An order issued by Revenue NSW after you've failed to pay your fine by the due date on your penalty reminder notice. when the order is issued, a fee is added to the unpaid fine. The order gives you 28 days to pay your fine/s before Revenue NSW will take further action against you.
Enrolment direction	A direction by the Secretary of the Department of Education that a student is not to be enrolled at any government school other than a government school of a kind specified in the direction.
Enterprise agreement	An agreement between employers and employees about terms and conditions of employment.
Equal shared parental responsibility	The responsibility that the parents of a child share to make major long-term decisions about their child's care, including: medical religious educational cultural living arrangements This does not include day-to-day decisions, for example, decisions about what a child wears or eats.
Estate	The real and personal property owned by the deceased person. This may include money, shares, vehicles, land and personal belongings.
Event number	A reference number used by the NSW Police Force, to identify a particular incident that has been reported to them.
Evidence	Verbal or written statements of witnesses, documents and other items used to support a party's case in court.
Examination notice	A form sent to a judgment debtor to get information about the judgment debtor's income, assets and liabilities.
Excess	The amount of money a person has to pay when they make a claim on their insurance policy.
Exclusion Order	An Order that stops a person from living or going to another person’s home or workplace.
Executor	The person appointed in a will who has the responsibility and authority to manage the estate of the deceased person.
Exhibit	Documents or objects that are accepted by the court as evidence to support a case.
Expert witness	A witness with knowledge or qualifications in a specific field that can give evidence to help the Court determine issues in dispute.
Ex parte	A decision of the court made without notice to the other party, or without the other party being present.
External Dispute Resolution (EDR)	A service provided by an independent third party who hears and attempts to settle disputes without having to go to court. Also called EDR. For example, the Financial Ombudsman Service provides EDR for complaints made by a consumer about their bank or insurance company.
External Protection Order	An apprehended domestic violence order made by a court in New Zealand or an apprehended personal violence order made by a court in another state or territory of Australia, or made by a court in New Zealand.

Word or phrase	Definition
Facts in issue	The facts in a case that must be proved for the elements of the offence to be proved.
Fail to appear	When you don't attend court when required. It is an offence to fail to appear in court when required if on bail.
Fair and reasonable	When claiming money to repair the damage to your car as a result of a car accident that was the other driver's fault, you can only recover an amount that is 'fair and reasonable'. For example, Matt and Helen had a car accident. Helen got three quotes for fixing the damage to her car. The first quote was for $2000, the second quote was for $2200 and the third quote was for $5000. Matt wouldn't pay to fix Helen's car so she started a court case against him. Helen claimed $2200 for repairs to her car. The amount of $2200 was assessed to be fair and reasonable based on the quotes.
Fair Entitlements Guarantee (FEG)	A government scheme that may pay employees certain unpaid entitlements if their employer went bankrupt or into liquidation on or after 5 December 2012.
Fair Work Australia (FWA)	Fair Work Australia (FWA) was the name of the national employment tribunal. On 1 January 2013 Fair Work Australia's name was changed to the Fair Work Commission. See Fair Work Commission
Fair Work Commission	The Fair Work Commission (the 'Commission') is the national employment tribunal. A tribunal is similar to a court. The Commission makes awards (which set out minimum pay and conditions for employees in Australia). The Commission also resolves disputes between employers and employees through conciliation, mediation and arbitration. Before 1 January 2013 it was called Fair Work Australia (FWA).
Fair Work Ombudsman	An independent agency that investigates whether national workplace laws and awards are being complied with.
Family consultant	A qualified psychologist and/or social worker who specialises in working with children and families after separation and divorce.
Family counselling	Counselling provided to a married couple (and their children) to deal with personal issues about their marriage.
Family Dispute Resolution (FDR)	Mediation designed to help parents resolve disputes about the care arrangements for their child.
Family Law Act 1975	The law that covers family law matters in Australia.
Family Law Watch List	A list held by the Australian Federal Police to stop a person taking a child out of Australia. This is also known as the Airport Watch List.
Family relationships centres	Services funded by the Federal Government to provide information, advice and dispute resolution (such as mediation) to help separated couples reach agreement on parenting arrangements without going to court.
Family report	An independent report written by a family consultant that may be used by a Judge to understand the issues in a case, and make decisions about the care arrangements for a child.
Family violence	Any actual or threatened violence towards a person or their property from a family member that coerces or controls the victim or causes them to be fearful. Examples include: - physical or sexual assault- intentionally damaging property - preventing contact with friends or family - repeated derogatory taunts - intentionally harming an animal
Family violence orders	An order made by a court in any state or territory to protect a person from family violence. An ADVO would be considered a Family Violence Order.
Fault	When someone does something or fails to do something, which makes them responsible for an accident. For example, Max drove through a roundabout, failing to keep a proper lookout, and hit the car driven by Gayle who had already entered the roundabout. Max is 'at fault' for the accident as Gayle had right of way.
Federal Court of Australia	A superior court that has the power to deal with a number of areas, including: all civil matters arising under Australian federal law some summary criminal matters any matters arising under the Constitution tax cases appealed from the Administrative Appeals Tribunal bankruptcy cases employment law cases
Federal Circuit and Family Court of Australia	A court that has the power to deal with a range of areas, including: family law and child support consumer lawbankruptcy human rights migrationemployment law intellectual property administrative law admiralty
Federal Diversity Jurisdiction	The Constitution says that the federal parliament has power to invest a court of a state with federal jurisdiction. Diversity jurisdiction involves a dispute between residents of different states.
Fencing Notice	A formal written notice to a neighbour that proposes building, fixing or repairing a fence and asks for a contribution towards the cost of this fencing work. The notice should set out where the fence will go, what type of fence will be built and the estimated costs of the fencing work.
Fencing Order	An order by the Local Court of NSW or Local Land Board about: what a fence should be made of how high a fence should be where a fence should be built when a fence should be built how the costs of fencing work should be divided between neighbours
Fencing work	Any work that takes place as part of designing, building, fixing or replacing a dividing fence. This includes surveying and preparing the land along the common boundary.
Fiduciary	A person who is under an obligation to act in another person’s interests and not their own.
Filing	Taking or sending documents to the court registry. The registry staff will stamp the document and put it on the court file.
Filing fee	The amount you pay when filing a document with the court.
Final AVO	An ADVO or APVO made by the court after: a defendant consents to an AVO a defendant does not attend the mention and the court makes an AVO in his or her absence that finalises the case the court hears evidence from the applicant and the defendant and decides to make an AVO
Final parenting orders	Orders made by a court about the parenting arrangements for a child at the end of a case, after a hearing.
Financial abuse	Controlling a person’s ability to get, use or save money and other financial resources. It is a type of family violence.
Financial contribution	Contributions by a person in a relationship to the acquisition, conservation or improvement of any property of the parties.
Financial disclosure	The information and documents that show the financial circumstances of a party.
Financial Management Order	An order appointing a private individual or the NSW Trustee & Guardian to act as the financial manager of a person who is unable to manage their own financial affairs. An order can be made: the NSW Civil & Administrative Tribunal the Mental Health Review Tribunal the Supreme Court of NSW
Financial Ombudsman Service	A free service that independently resolves financial services (including insurance) disputes between consumers and member financial services providers. Also known as FOS.
Financial statement	A form used in a family law matters to set out a person's financial circumstances.
Finding	A decision made by a court about a matter in dispute between the parties after considering the evidence. For example, in a case about damage to a car in an accident, the court will make a finding about who caused the accident.
Fine	An amount of money that must be paid to a government authority, usually Revenue NSW, when a law or rule is disobeyed. Also referred to as 'infringement notice' or 'penalty notice'. An amount ordered to be paid by a court if you are convicted of breaking a law or rule.
Firearm	A gun, or other weapon, that is (or at any time was) capable of propelling a projectile. It includes: blank firearm air gun
Firearms licence	A licence which allows the licensee to possess or use a registered firearm from the specific category to which their licence applies.
Fixtures	Goods that are fixed to and become part of land.
Foreign Order	A domestic violence order made by a court in New Zealand.
Forum sentencing	A process where the offender, the victim, police and other affected people meet to discuss the crime, what happened, how people were affected by the crime, and prepare an 'intervention plan' for the offender. The offender completes the intervention plan as part of their sentence.
FOS	See Financial Ombudsman Service
Frivolous and vexatious application	An application that is started with no reasonable prospect of success. A frivolous application is an application that is not serious. A vexatious application may be an application that was started to annoy or embarrass the other party.
Full drivers licence	See Unrestricted drivers licence
Further Penalty Reminder Notice	A second reminder sent to you, telling you your fine is outstanding. If you receive a Further Penalty Reminder Notice it is too late to elect to go to court.
FWA	See Fair Work Australia

Word or phrase	Definition
Garnishee	A person who has been ordered by a court to pay a judgment debt.
Garnishee order	A court order which tells a third party, such as an employer or a bank, that they must pay money belonging to a judgment debtor to a judgment creditor.
General Employee Entitlements Redundancy Scheme (GEERS)	A government scheme that may pay employees certain unpaid entitlements if their employer went bankrupt or into liquidation before 5 December 2012.
General protections	Legal rights protected by the Fair Work Act 2009 (Cth) for national system employees, including the right to: correct pay, leave and other entitlements be in a union and participate in a union activity not be in a union or participate in a union activity take time off work if you are injured or sick not be the victim of unlawful discrimination complain or enquire about workplace conditions the benefit of any industrial law or instrument (for example, an award or enterprise agreement).
General protections dismissal	When an employer dismisses an employee for using or trying to use their rights at work, such as, the right to take leave and get paid or the right to belong to a union.
Genuine steps certificate	A certificate that genuine steps have been taken by parties to resolve a dispute before commencing family law proceedings.
GIPA Act	See Government Information (Public Access) Act 2009
Good behaviour bond	A court order that requires an offender to be of good behaviour for a specific period of time. If the offender commits any further criminal offences they will be in breach of the bond and may be re-sentenced for the original offence.
Goods	Items or property that you can own and take with you; for example, cars, jewellery, pets and furniture. It does not include land or fixtures, such as a house or fence.
Government Information (Public Access) Act 2009	A New South Wales statute that provides a right to easier access to government information.
Green slip	See Compulsory Third Party (CTP) car insurance
Guardian ad Litem	A Guardian ad Litem (GAL) is appointed by a Court or Tribunal to conduct legal proceedings on behalf of a person who is: incapable of representing him or herself, incapable of giving proper instructions to his or her legal representative, and/or under legal incapacity due to age, mental illness or incapacity, disability or other special circumstances in relation to the conduct of the proceedings. The role of a GAL is to protect or promote the interests of the person for whom they have been appointed. A GAL may also be referred to as a tutor or special representative.
Guilty	When a person admits they have committed a criminal offence or the court decides that the person has committed a criminal offence.

Word or phrase	Definition
Habitual Traffic Offender	A person who has received convictions for serious traffic offences three or more times in the past five years. If a court declares that you are a Habitual Traffic Offender, you will also be disqualified from driving for a period of time. If you have been declared a Habitual Traffic Offender and you would like to get the decision cancelled (quashed), you should get legal advice.
Hague Convention on the Civil Aspects of International Child Abduction	An international treaty that provides a process for the return of children abducted from their home country.
Hand up	To give a document to the registrar, assessor, magistrate or judge in court.
Harassment	Repeated conduct intended to intimidate a person or make a person fearful.
Hardship Review Board	An independent body established under the State Debt Recovery Act 2018 which reviews decisions made by Revenue NSW.
Hearing	The time when the parties present their evidence to the court and make submissions on the law that applies to the case. After the hearing the court makes a decision in the case.
Hearsay	Something that was not personally seen or heard by the person giving evidence but told to them by another person. For example, Jane told Sarah that she heard Fred arguing with Sam. In this example, Sarah's evidence about the argument would be hearsay because Sarah did not see or hear the argument herself.
Heavy vehicle	Under the Road Transport (Vehicle Registration) Act 1997 (NSW), a heavy vehicle is a motor vehicle or trailer that has a gross vehicle mass greater than 4.5 tonnes.
Hire Car	A car that is borrowed from a person or company for a period of time in return for a fee. Also referred to as 'car rental', 'rental car' or 'rent-a-car'.
Hire car company	A company that lends cars to customers for a period of time in return for a fee.
Hire purchase	Buying goods by instalment payments. You can use the goods while you are paying for them but, until you have paid all the instalments, you aren't the owner. Sometimes there is a balloon, or lump sum, payment at the end of the contract.
Home detention	A court order that allows an offender to serve a term of imprisonment at a specified address, rather than in gaol. The offender is strictly supervised and electronically monitored.
Hostile witness	A witness who gives evidence that is harmful to the party that called them. The party calling them can seek leave from the court to treat them as a hostile witness. If this is granted, the party will be allowed to cross-examine the witness and put it to them that they are not being honest. Also known as an unfavourable witness.

Word or phrase	Definition
ICO	See Intensive Correction Order
ICV	See In-car video
IDR	See Internal Dispute Resolution
Impound	When the police or the court orders that a person's vehicle be temporarily removed from their possession.
Imprisonment	To be sentenced to spend time in gaol.
In car video	Footage of images and sounds recorded by equipment installed in some police vehicles. This is usually used by police to record the conversation they have with you after you are stopped.
Inadmissible	Evidence that is not accepted as valid.
Incident Report	A police report that gives details about an event (such as a car accident) if the event was reported to the police.
Incorporated association	A group of people with a common purpose who formally register their association under Commonwealth, state or territory law. The incorporated association has all the powers and rights of a person and is legally able to do things in its own name, such as own land, sign a lease, or appear in court. Incorporated associations are usually not-for-profit groups such as sporting and community organisations.
Indemnity	An exemption from liability for damage, loss or injury. An agreement to compensate another party for loss or damage.
Independent children's lawyer (ICL)	A lawyer appointed by the Court to represent a child and promote their best interests in court.
Independent contractor	A person who works under a contract for a specific job or time. They generally don't work regularly for a particular employer, and can choose whether or not to do a particular job. Independent contractors usually have an ABN and are responsible for paying their own taxes direct to the Australian Taxation Office. For example, Neil runs a plastics company and uses several drivers to do his deliveries. They all have their own trucks and their own ABN, and they invoice Neil's company for payment. Each week, the drivers pick what jobs, if any, they want to do. The drivers can also work for other companies.
Indictment	Information presented or filed in Court for the prosecution of an offence.
Industrial Relations Commission (IRC)	The Industrial Relations Commission is the state tribunal that hears civil and criminal cases, and appeals, about industrial relations matters. It: conciliates and adjudicates industrial disputes sets condtions of employment and fixes wages and salaries by making industrial awards approves enterprise agreements decides claims of unfair dismissalIt deals mostly with matters related to state awards and agreements covering public service employment in state government and local government organisations.
Infringement notice	See Penalty Notice
Injunction	A court order that requires a person to do something or not do something.
Insolvency	When a person or a company can't pay all their debts when they are due.
Instalment application	Asking the court for permission to repay a debt in regular fixed payments.
Insurance	The cover provided to a person or company for certain losses they may suffer, in return for the payment of a premium.
Insurance claim	When a person who has insurance asks their insurance company to pay for repairs to their damaged property or damage caused to someone else's property, under their insurance policy.
Insured	The person who receives cover from an insurance company for losses they may incur as a result of an accident, subject to the terms of the insurance contract.
Insurer	An insurance company that provides cover to a person for losses they may incur as a result of an accident subject to the terms of the insurance contract.
Intensive Correction Order	An order of imprisonment of less than two years that can be served in the community subject to certain conditions (such as living at a particular address, regular alcohol or drug testing, doing community service work, and medical examinations) and under strict supervision by Corrective Services.
Interest	A fee paid in addition to a debt. This is usually a percentage of the debt. For money claims in court, the amount of interest payable is set out in Schedule 5 of the Uniform Civil Procedure Rules.
Interim AVO	An Interim Apprehended Violence Order (AVO) is an order that is made by a Court for a period of time, usually until the next court date. An Interim AVO can be made by the Court: when the protected person makes the application for the AVO and the person is in need of urgent protection when the protected person makes the application for the AVO and the person is in need of urgent protection at any time during the proceedings if it appears to the Court that it is necessary or appropriate to do so in the circumstances at the first mention if a Provisional AVO had been made. The Provisional AVO will automatically become an Interim AVO with the same conditions as the Provisional AVO at the first mention unless: the AVO is revoked the matter is withdrawn or dismissed the Court makes an Interim or Final AVO.
Interim parenting orders	Temporary orders made by a court about the parenting arrangements for a child until the matter is finalised.
Interlocutory costs orders	A court order for one party to pay some of the other party's legal costs during the case rather than at the end.
Internal Dispute Resolution (IDR)	Any company or body that holds an Australian Financial Services licence is required to provide a department or officer who will try and resolve customer problems within the company or body. For example, if you don't agree with an insurer's decision, you can make a complaint to the department or officer that is in charge. Also called IDR.
Interpreter	A person who translates speech from one language into another, or sign language to speech.
Interstate Domestic Violence Order (Interstate DVO)	A domestic violence order made in the Australian Capital Territory, Northern Territory, Queensland, South Australia, Tasmania, Victoria and Western Australia.
Intestacy rules	When a person dies without having made a valid will, there are rules that set out who will inherit the deceased person's estate. These are called 'intestacy rules'.
Intestate	When someone dies without having made a valid will.
Intimidation	Harassing or molesting a person, including cyberbulling approaching a person in a way that makes them fear for their safety acting in a way that makes a person reasonably fear injury, violence or damage to their property From 27 March 2021, intimidation can also include conduct that causes someone to fear that an animal belonging to them, or an animal in their possession, will be harmed. It is an offence to intimidate a person to make them fear physical or mental harm.
Intoxicated	Under the influence of alcohol, a drug or any other substance.
Involuntary patient	A person who: is ordered to be detained as an involuntary patient after a mental health inquiry or otherwise by the tribunal, or was a forensic patient who is re-classified as an involuntary patient, or was a correctional patient who is re-classified as an involuntary patient

Word or phrase	Definition
Joinder	Adding another party into an existing case.
Joint tenants	Where a person owns property with another person in undivided shares. If one of the tenants dies, their share goes to the surviving tenant.
Judge	A person with the authority to listen to and decide legal cases according to the law.
Judges' Associate	A court officer who assist the Judge by undertaking administrative tasks, in-court duties and legal research.
Judgment	A decision of the court after all the evidence has been heard and considered.
Judgment debt	The amount of money a court orders a defendant to pay a successful plaintiff. It can include all or part of the original amount claimed, plus court fees and interest up to the date of judgment.
Judgment creditor	A plaintiff who gets a judgment ordering the defendant to pay them money.
Judgment debtor	A defendant who gets a judgment against them to pay money to the plaintiff.
Jurat	A section at the end of an Affidavit that includes the: name and signature of the deponent date and place the Affidavit was signed name, title and signature of the person who witness the Affidavit
Jurisdiction	The authority of a court to decide matters brought before it. The authority may be limited by the place where the dispute arose or an offence was committed, the kind of dispute, the amount of money in dispute or the seriousness of an offence.
Justice of the peace	A person who is authorised under the Justices of the Peace Act 2002 (NSW) to witness the signing of documents, such as affidavits and statutory declarations, and to certify documents. To find a justice of the peace, see Finding a JP on the Department of Communities & Justice website.

Word or phrase	Definition
Keeping house	When a defendant or judgment debtor stays in their home or business and won't answer the door or gate to be served with court documents.

Word or phrase	Definition
Land & Property Information(LPI)	The NSW state government provider of land and property services in New South Wales, including land title registration, property information, valuation, surveying and mapping. Also referred to as the LPI.
Larceny	Another name for stealing.
Lawyer	A person who has studied law and has been approved to work as a lawyer by the Supreme Court of that state. They must also hold a current practising certificate and have insurance, if they do legal work.
Learner licence	A licence issued to a person who is at least 16 years of age allowing them to drive a car on a road or road related area for the purpose of learning to drive. They must be accompanied by a full licence holder.
Leave loading	An extra payment on top of annual leave pay.
Leave of the court	In some cases you need to ask the court for permission to do something. This is called 'seeking the leave of the court'.
Legacy	A gift of personal property or money to a beneficiary. Also known as a 'bequest'.
Legal costs	The money a person spends running a court case. If the person has a lawyer, the costs will include the lawyer's fees.
Legal practitioner	A lawyer who holds a current practising certificate.
Legally binding	Something that can be enforced through the legal system.
Letter of demand	A letter sent to a person, business or organisation that owes money asking them to repay the money.
Letters of administration	Documents issued under intestacy to appoint a particular person or persons to administer a deceased person's estate.
Liability	A person's legal obligation to do something or pay something.
Licence disqualification	An order by the court cancelling your licence and banning you from driving for a period of time.
Licence suspension	An order by RMS or the police banning you from driving for a period of time.
Lien	The legal right to keep someone's property as security for the payment of a debt, for example, a mechanic may keep a car until they are paid for the repairs to the car.
Liquidated claim	A claim for a specific amount of money.
Liquidation	Selling everything a company owns to pay off the company's debts. Any left-over assets are distributed among the members of the company. This process will finalise a company's affairs.
Litigant	A party to a civil case.
Living will	See Advanced Care Directive
Local Area Command	The police station in charge of a number of police stations within a particular area.
Local Domestic Violence Order (Local DVO)	An apprehended violence order or an interim apprehended violence order made in New South Wales.
Local Court of NSW	A lower court in NSW, which has the jurisdiction to hear less serious criminal and civil matters. There are two divisions of the Local Court for civil claims: Small Claims: claims up to $10 000. General: claims more than $10 000 and up to $100 000 (or $120 000 if both parties agree).
Location order	An order requiring a person or government agency to provide the Court with information about the location of a child.
Long service leave	Extra leave an employee may become entitled to for working a set period of time for one employer.
LPI	See Land & Property Information

Word or phrase	Definition
Magellan program	A system for managing parenting cases that involve serious allegations of physical or sexual child abuse.
Magistrate	A judicial officer appointed to hear and determine civil and criminal matters in the Local Court.
Magistrates Early Referral Into Treatment (MERIT)	A program for adult offenders who have a drug and/or alcohol problem and have been charged with an offence. The program allows them to be released on bail and voluntarily work towards rehabilitation. Also called 'MERIT'.
Mandatory orders	The orders that must be in all AVOs. These orders are sometimes called 'standard orders'. The orders state that the defendant must not assault, molest, harass, threaten, intimidate, stalk or in any way interfere with the protected person or anyone the protected person has a domestic relationship with.
Mandatory reporter	A person whose work involves managing, supervising or delivering health care, welfare, education, children's services, residential services or law enforcement to children (under 16 years old). The person has a legal obligation to make a report to the Department of Communities and Justice (DCJ) if a child is at risk of significant harm.
Marked for identification	An object or document produced at a court hearing that is marked with a letter or number until evidence has been given to confirm that it is authentic and/or relevant. Once confirmed, the object or document becomes an exhibit.
Marriage	The union of two people to the exclusion of all others, voluntarily entered into for life.
Marriage Certificate	An official copy of the marriage registration held by the NSW Registry of Births, Deaths & Marriages. This is different to a Certificate of Marriage, which is a ceremonial certificate that a marriage celebrant gives to a couple on their wedding day.
McKenzie friend	A support person who sits with you in court and helps you by taking notes, organising evidence and materials and giving you advice. You need permission from the court to have a McKenzie friend.
Mediation	Confidential meetings where an independent third person (a 'mediator') tries to help parties to a dispute come to an agreement about their matter.
Menacing dog	A dog that: has displayed unreasonable aggression towards a person or animal (other than rats or mice), or has attacked a person or animal (other than rats or mice), without being provoked, but without causing serious injury or death.
Mental Health Review Tribunal	An independent body that oversees the treatment and care of mentally ill people who are involuntarily detained.
Mental illness	A condition that seriously impairs a person's mental functioning and includes on or more of the following symptoms: delusions hallucinations serious disorder of thought form a severe disturbance of mood sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms referred to above. Mental illness can be permanent or temporary.
Mentally disordered person	Someone whose behaviour is so irrational that there are good reasons for their temporary care, treatment or control, either to protect them or others from serious harm.
Mentally ill person	Someone who is suffering from a mental illness and there are good reasons for believing that care, treatment or control of that person is necessary either to protect them or others from serious harm.
Mention	A short court appearance where: a party may ask for an adjournment a party may enter a plea of guilty or not guilt to an offence the courtmay set a hearing date or give some other directions. The first time parties go to court in a case is often a mention.
MERIT	See Magistrates Early Referral Into Treatment
Mini brief	The main parts of the Brief of Evidence, which consists of statements, photos and other evidence that the police have collected. This is usually given to (served on) the defendant by the police after a person is charged with an offence, or given to them by the prosecutor at the mention.
Minimum school leaving age	A child has reached the minimum school leaving age if they are: 17 years of age, or under 17 years of age and they have completed Year 10 of secondary education and are: enrolled in approved education or training employed full-time, or a combination of both.
Minimum wage	The lowest amount of pay an employer can pay an employee.
Mitigating factors	Facts that a person can present to the court about their personal circumstances or about the crime that may result in a lesser sentence.
Modern award	Modern awards are awards that set out the minimum pay and conditions for people in an industry or profession. They cover employers and employees in the national workplace relations system. Most employees in Australia are covered by modern awards.
Mortgage	A contract where money is lent using property as security for the loan. For example, a home loan.
Mortgagee	A person or company lending money under a mortgage contract.
Mortgagor	A person or company borrowing money under a mortgage contract.
Motion	A written or verbal application to the court after a case has started. The application asks the court to make an order about something. For example, a motion asking to move the case to a different court.
Motor Accidents Authority	See State Insurance Regulatory Authority

Word or phrase	Definition
National Employment Standards (NES)	Ten minimum standards that apply to the employment of all employees in the national workplace relations system. The standards cover a range of entitlements, including: maximum weekly hours, requests for flexible working arrangements, parental leave and related entitlements, annual leave, personal/carer's leave and compassionate leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay.
National system employee	An employee covered by the Fair Work Act 2009 (Cth). It excludes employees working in the NSW public service, for a local council, or a state owned corporation.
Negligence	When a person doesn't take reasonable care to avoid harm likely to occur to other people or their property. For example, negligent acts could include drink driving, speeding, failing to obey a traffic light or sign, and failing to keep a proper lookout.
Negotiation	Discussions, letters or emails between two or more people where they try to reach an agreement about an issue in dispute.
NES	See National Employment Standards
NESB	Non- English Speaking Background. A term used to refer to people who do not speak English as their first language.
Next of kin	The deceased person's closest living relative. This includes a de facto partner and same sex partner.
No claim bonus	A discount on your insurance premium given by your insurance company, depending on your claim history.
Non-attendance direction	A written direction by the Minister that a student must not attend school during a specific period of time.
Non-financial contribution	Contributions by a party towards the acquisition, conservation or improvement of any property of the parties, for example, painting, tiling or paving.
Non-local Domestic Violence Order (Non-local DVO)	A domestic violence order made interstate or in New Zealand.
Not guilty	When a person did not commit a criminal offence or they did commit a criminal offence but they had a defence.
Notice of Discontinuance	A form filed with the court by a person making a claim to withdraw their civil case. A copy of the form must be served on the defendant.
Notice of Disposal	A form that should be completed and given to the RTA within 14 days of a car being sold. It records that the owner of the car has changed.
Notice of Motion	A written application to the court after a case has started asking the court to make an order(s) about something. The notice also tells the other party where and when the court will hear the application.
Notice of Orders made	A document sent to the parties by the Court after the case. It tells the parties what order or judgement was made by the Court and if any action needs to be taken by the parties, including making a payment.
Notice of Payment	A form filed with the court, confirming that the defendant has paid the plaintiff a sum of money in a case.
Notice of Penalty	A document sent to the Defendant by the Court after the case. It tells the Defendant what penalty was imposed by the Court and provides payment options.
NSW Civil and Administrative Tribunal (NCAT)	A tribunal that hears and decides a wide range of civil and administrative cases, including about: housing and property disputes between consumers and businesses guardianship administrative decisions made by NSW Government agencies anti-discrimination matters under the Anti-Discrimination Act 1977 misconduct complaints against health professionals, legal practitioners and other professionals.
Nuisance cat	A cat that: makes a persistent noise and the noise occurs to the extent that it unreasonably interferes with the peace, comfort and convenience of others, and/or repeatedly damages anything outside the property on which it is ordinarily kept.
Nuisance dog	A dog that: regularly escapes or roams in public makes a noise, for example, by barking or howling, and the noise occurs to the extent that it unreasonably interferes with the peace, comfort and convenience of others repeatedly defecates on other people's property, and/or runs or chases after other people, animals or vehicles repeatedly
Nullify	To make or declare something legally void.
Null and void	Not legally binding or valid.

Word or phrase	Definition
Oath	A sincere promise to tell the truth, sworn on a Bible or other religious text.
Objection to an order for restitution	An objection made by the defendant to an Order for restitution.
Objective test	A test comparing the conduct, mental state or behaviour of a person with an average person in the same situation. For example, comparing a PINOP with a reasonable person to determine if they would also have fear in that situation.
Occupancy agreement	A written agreement between a proprietor and resident that allows a resident to occupy a room in the boarding house for a fee.
Offer	A proposal put to one party by another party in a case to try and settle a dispute.
Office of Legal Services Commissioner (OLSC)	An agency that oversees investigations of complaints about lawyers and is involved in resolving consumer complaints. Also called the 'OLSC'.
OLSC	See Office of Legal Services Commissioner
Online grooming	When an adult uses electronic communication to build a relationship with a child to sexually abuse them.
Onus of proof	See Burden of proof
Opinion	A person's belief or judgment that is not based on any proof or certainty. For example, an opinion would be to say "The defendant signed the contract so he must have known about the interest rate".
Order	A decision by a court that may require a person to do something, or to stop doing something.
Order for restitution	An order made by the Commissioner of Victims Rights seeking payment from a person convicted of an offence where a victim was paid an amount of money under the Victims Support Scheme. The notice sets out the: amount of money that is to be paid offence that the order relates to option of paying in full, applying for an objection, or transferring the debt to Revenue NSW for voluntary enforcement This was previously known as a Provisional Order.
Overdue fine notice	Issued by Revenue NSW after you've failed to pay your fine by the due date on your penalty reminder notice. When an overdue fine is issued, a fee is added to the unpaid fine. The overdue fine gives you 28 days to pay in full before Revenue NSW will take further action against you.
Overtime	Any work a person does outside of their normal working hours.

Word or phrase	Definition
Panel beater	A person who repairs damage to the body and frame of a car or other vehicle.
Parent	A person responsible for the care, welfare and development of a child. This may include: a biological mother (except for a surrogate) a biological father a de facto partner adoptive parents the same sex partner of a mother where the child was conceived by artificial conception and the partner agreed to the conception
Parental leave	Time off work for the birth or adoption of a child.
Parental responsibility	All the duties, powers responsibility and authority that parents have in relation to their child.
Parenting orders	Order made by the court under the Family Law Act about the arrangements for the care of a child, including consent, interim and final orders.
Parenting plan	A written agreement, signed and dated by both parents, that sets out the care arrangements for a child.
Parties	The people or organisations that are involved in legal proceedings.
Party/party costs	An order made by the court that the losing party in a case pay some of the legal costs of the winning party. Sometimes, two parties can agree to a settlement where one party will pay party/party costs to the other.
Paternity testing	An Order that parentage testing be carried out on a child to determine the child’s biological parents. This is also known a Parentage Testing Order.
Payment in lieu of notice	A payment made by an employer to an employee instead of asking the employee to work the notice period.
PCA	Prescribed Concentration of Alcohol. The measure used by police to record the amount of alcohol on a driver's breath or in their blood.
Penalty Notice	A fine issued by an authorised officer, such as a police officer, council ranger, or transit officer.
Penalty rate	A higher rate of pay an employee may receive for working late nights, early mornings, weekends or public holidays.
Penalty Reminder Notice	A reminder sent to you 21 days after the Penalty Notice, telling you your fine is outstanding and giving you a further 28 days to pay it or elect to go to court.
Personal injury claim	A claim made by a person who is hurt against another person who they claim is legally responsible for their injury. For example, Sandra slipped as she was walking up the steps of the community hall. She grabbed the handrail but it was broken and Sandra fell. She broke her arm. Sandra has suffered a personal injury and may be able to claim against the people responsible for looking after the community hall.
Personal leave	Time off work if an employee is sick or they need to look after an immediate family member or a member of their household.
Personal Service	Giving documents to a party personally, that is, face to face.
Personal Violence	Any violence between people who are not in a domestic relationship. For example, neighbours. Violence occurs when one person tries to dominate and control another person. This involves an abuse of power and can include physical violence, sexual abuse, emotional or psychological abuse, verbal abuse, stalking and intimidation, isolating someone, financial abuse, damage to property or threats to be violent in these ways.
Person in Need of Protection (PINOP)	The person who needs protection from the defendant. Also the 'PINOP' or the protected person.
Physical abuse	The use of violence to hurt, control or intimidate a person. This may include hitting, pushing, slapping, choking or the use of a weapon.
PINOP	See Person in Need of Protection
Plaintiff	A person who starts a civil case against another person in a court.
Plea	When a person tells the court whether they are guilty or not guilty of an offence.
Pleadings	In a civil case, a section in court documents that sets out the facts relied on by a plaintiff in a claim, or by a defendant in a defence.
Police application (AVO)	An application for an AVO made by the police on behalf of the person in need of protection.
Police Assistance Line	A 24-hour telephone service provided by the NSW Police, that can assist you with general police enquiries and which allows people to make non-urgent reports. You can report the following types of crimes: Break and Enter Fraud Motor Vehicle Theft Stealing Malicious Damage, including Graffiti Minor Motor Vehicle Accidents Lost Property
Police Facts Sheet	A document which sets out the police's version of events about a criminal charge.
Police prosecutor	A specially trained police officer appearing in court representing the police in relation to criminal cases and AVO cases. The police prosecutor represents protected persons where the police have applied for an AVO. Police prosecutors do not wear police uniforms.
Post-judgment interest	Interest on a judgment debt charged at the rate set out in Schedule 5 of the Uniform Civil Procedure Rules. This interest runs from the time of the judgment to the time the judgment debt is repaid.
Power of attorney	A document that gives a person, or trustee organisation the legal authority to manage another persons assets and make financial and legal decisions on their behalf.
Practice Note	A rule or instruction, made by the Chief Magistrate regarding how the court will run certain types of cases or how the court will deal with certain issues.
Practising Certificate	A certificate given to a person who is approved to work as a lawyer.
Pre-accident value	How much a car was worth before it was damaged in a car accident.
Pre-action procedures	The steps parties must take to try and resolve a dispute about parenting and/or property matters before applying to a court for orders.
Pre-sentence report	A report prepared for the court by Corrective Services outlining an offender's background, present circumstances, and future plans. It also makes recommendations about sentencing.
Pre-trial review	The first stage of a debt case in the Small Claims Division of the Local Court. At the Pre Trial Review the registrar will try and help the parties settle the case. If the case does not settle the registrar may set a date for the hearing and tell the parties what to do to prepare for the hearing.
Prima facie	Latin words meaning 'at first look' or 'on the face of it'. A 'prima facie case' is a case that looks like there is enough evidence to support the claim or charge, before evidence from the defendant is taken into account.
Primary victim	Person who is injured.
Principal	1. The original amount of money being claimed in a court case, not including interest, filing and service fees. 2. A person who gives another person authority to do something on their behalf. See Agency.
Private application (AVO)	An application made by a person who needs an AVO through the Local Court.
Probate	The legal process of proving the will. A legal document issued under the seal of the Supreme Court of NSW, certifying that the will has been proved and granting the executor authority to administer the estate.
Procedural fairness	A legal principle that says people must be made aware of claims or charges against them, and have the opportunity to defend the claim or charge.
Process server	A person who is employed to deliver court papers.
Product Disclosure Statement	A document provided by an insurance company, which tells you what is and is not covered under your insurance policy.
Professional driver	A person who has an unrestricted driver's licence and who drives to transport goods either inter and/or intra-state or drives a bus, taxi or hire car.
Proof	Evidence showing that a fact in a case is true. For example, a bank statement can be proof that money was withdrawn from an account on a particular date.
Property	Any type of right, interest or thing that a person can legally own, and which has a value.
Property docket	A document that records any personal items in a person's possession when they are taken into police custody.
Property recovery order	A court order that allows a defendant to collect their property from the residence of the protected person, or that allows the protected person to collect their property from the residence of the defendant.
Property Seizure Order	An order that allows the sheriff to seize (take) your personal property and sell it to pay the amount you owe.
Property settlement (family law)	The dividing of assets, debts and financial resources between a couple after separation.
Protected person	The person who is protected by an AVO or who needs the protection of an AVO. The protected person is sometimes referred to as the 'Person In Need Of Protection' or 'PINOP'.
Provisional AVO	The police can apply for a Provisional AVO on behalf of the protected person at any time of the day or night. They must have a good reason to believe: an order needs to be made immediately to ensure the safety and protection of the protected person, or an order needs to be made immediately to prevent substantial damage to any property of the protected person. A Provisional AVO can be made by a Magistrate or by a senior Police Officer. The Provisional AVO will last until: it is revoked an interim or final AVO is made, or the AVO application is withdrawn or dismissed. Where a Provisional AVO has been made, it will automatically become an Interim AVO at the first mention unless: the AVO is revoked the matter is withdrawn or dismissed the Court makes an Interim or Final AVO. When a Provisional AVO is automatically converted to an Interim AVO, the Interim AVO will contain the same orders as the Provisional AVO.
Provisional P1 driver licence	A licence issued to a person who has not previously held a licence continuously for at least 12 months (not including any period of suspension). A provisional P1 licence is to be issued for a period of up to 18 months.
Provisional P2 driver licence	A licence issued to a person who has not previously held a licence for a period or periods totalling at least 36 months (not including any period of suspension). A provisional P2 licence is to be issued for a period of up to 30 months.
Public defender	A salaried barrister, independent of the government, who appears in serious criminal matters for clients who have been granted legal aid.
Public notary	A solicitor or barrister appointed under the Public Notaries Act 1997 (NSW) to witness the signing of documents and certify true copies of documents. To find a public notary, see Find a Notary on the Society of Notaries of NSW website.
Public Passenger Vehicle	A vehicle that is licensed by the NSW State Government to be used to transport the public for payment of money, including: a bus that picks up public passengers, or a ferry that has a regular timetable for picking up passengers, or a taxi or private hire vehicle

Word or phrase	Definition
Quantum	Latin word often used in court to describe the amount of a debt or compensation that a party is claiming.
Quantum meruit	Latin phrase meaning 'what the job is worth' or 'the amount the party deserves'. For example, Pam made curtains for Kelly's new house and gave Kelly an invoice for $4000. The invoice amount included: the cost of the material the cost of Pam's time profit for the job. Kelly didn't pay the invoice because she didn't think the curtains were made properly. Pam started a court case. Pam's claim was for payment of the invoice ($4000) but she also made an alternate claim for quantum meruit. The quantum meruit amount included: the cost of the material the cost of Pam's time. This means that, even if the Magistrate decides the curtains weren't made properly, Pam may still get some money back for the materials she used and the time she spent making the curtains.

Word or phrase

Definition

Quantum

Latin word often used in court to describe the amount of a debt or compensation that a party is claiming.

Quantum meruit

Latin phrase meaning 'what the job is worth' or 'the amount the party deserves'. For example, Pam made curtains for Kelly's new house and gave Kelly an invoice for $4000. The invoice amount included:

the cost of the material
the cost of Pam's time
profit for the job.

Kelly didn't pay the invoice because she didn't think the curtains were made properly. Pam started a court case. Pam's claim was for payment of the invoice ($4000) but she also made an alternate claim for quantum meruit. The quantum meruit amount included:

the cost of the material
the cost of Pam's time.

This means that, even if the Magistrate decides the curtains weren't made properly, Pam may still get some money back for the materials she used and the time she spent making the curtains.

Word or phrase	Definition
Quantum	Latin word often used in court to describe the amount of a debt or compensation that a party is claiming.
Quantum meruit	Latin phrase meaning 'what the job is worth' or 'the amount the party deserves'. For example, Pam made curtains for Kelly's new house and gave Kelly an invoice for $4000. The invoice amount included: - the cost of the material - the cost of Pam's time - profit for the job. Kelly didn't pay the invoice because she didn't think the curtains were made properly. Pam started a court case. Pam's claim was for payment of the invoice ($4000) but she also made an alternate claim for quantum meruit. The quantum meruit amount included: - the cost of the material - the cost of Pam's time. This means that, even if the Magistrate decides the curtains weren't made properly, Pam may still get some money back for the materials she used and the time she spent making the curtains.

Word or phrase

Definition

Quantum

Latin word often used in court to describe the amount of a debt or compensation that a party is claiming.

Quantum meruit

Latin phrase meaning 'what the job is worth' or 'the amount the party deserves'. For example, Pam made curtains for Kelly's new house and gave Kelly an invoice for $4000. The invoice amount included:

- the cost of the material
- the cost of Pam's time
- profit for the job.

Kelly didn't pay the invoice because she didn't think the curtains were made properly. Pam started a court case. Pam's claim was for payment of the invoice ($4000) but she also made an alternate claim for quantum meruit. The quantum meruit amount included:

- the cost of the material
- the cost of Pam's time.

This means that, even if the Magistrate decides the curtains weren't made properly, Pam may still get some money back for the materials she used and the time she spent making the curtains.

Word or phrase	Definition
Real property	Land or a building that is part of land. Does not include personal goods.
Reasonable care	If a person owes a duty of care, the level of care they need to take should not be more than what is expected of a 'reasonable' person. For example, Dimitri was driving at the speed limit on a rainy day. Dimitri may not be taking reasonable care because driving the speed limit on a wet road can be dangerous.
Receiver/Receivership	If a company cannot pay all of its debts when they are due, a receiver will be appointed to take control of some or all of the company's assets.
Recitals	An introductory part of a document that states the facts and circumstances upon which the document is based. Recitals are used to explain and interpret the contents of the document.
Recovery Order	A court order that: requires a child to be returned to a parent or person with parental responsibility for the child can authorise the police to find and recover a child can provide directions about the day-to-day care of a child until they are returned can prohibit a person from removing the child or taking the child into their care again
Redeployment	Transferring an employee to: another position within a business, or an associated entity
Redundancy	A position is made redundant when an employer no longer needs a role to be performed, or no longer needs the same number of employees to perform certain tasks.
Redundancy pay	A payment offered to an employee because an employer no longer needs anyone to do their job.
Re-employment	Employing a former employee under a new contract of employment.
Registered External Protection Order	An External Protection Order that has been registered in New South Wales. Once registered an External Protection Order has the same force as an AVO made by a court in New South Wales.
Registration number	The numbers and letters on a number plate that identify a car, motorcycle or other vehicle. The plate must match the details on the vehicle's Certificate of Registration.
Registrar	A judicial officer who runs the court registry, and sits in court to deal with preliminary and procedural matters. For example, registrars may deal with mentions, Pre Trial Reviews, and some Notices of Motion.
Registrar General	The government officer who controls and manages records about all land owned in New South Wales. The Registrar General can make a Boundary determination.
Registry	A counter at the court house where people can file documents and make enquiries.
Regulations	Rules made connected to an Act, usually outlining procedure or how the Act works.
Reinstatement	Getting your job back after being dismissed. Reinstatement can mean going back to the exact same job or going back to another position within the business (redeployment).
Release application	When you make an application to be granted bail and released from custody.
Relevance	When using evidence in a case, it must be relevant. This means it must be shown to have a direct relationship to the legal issues being considered in the case.
Relief	The outcome that a plaintiff is asking for in their claim. For example, an order from the court that the defendant must pay them a certain amount of money.
Re-list a court date	When the court provides another court date for the matter, for example, if there is a change of venue and the matter needs to be heard at another court.
Remuneration	Payment, rewards or compensation for services rendered. It includes: salary wages allowances superannuation contributions
Repair quote	A document given by a panel beater or repairer that lists the repairs that need to be done to a car damaged in an accident and the cost of those repairs.
Replacement value	The amount of money it would cost to replace something.
Res Ipsa Loquitur	Latin phrase meaning 'The thing speaks for itself'. When a plaintiff can't prove what caused an accident, the fact that the accident happened may be used as evidence that it was caused by the defendant's negligence. For example, where a car is being driven on the wrong side of the road and hits another car.
Resealing	A grant of probate issued by a Court outside of NSW that is approved and sealed by the Supreme Court of NSW so that the estate can be administered in NSW.
Residential premises	A property used or intended to be used as a home or residence.
Residential tenancy agreement	An agreement under which a person (the landlord) grants to another person (the tenant) a right to occupy a residential premises for a value.
Residue	The remaining assets of the estate of a person who has died with a will, after all specific gifts have been made.
Respondent	A person against who an application is made.
Restitution	The legal process of recovering money paid to the victim or their family members.
Restricted dog	A dog that is a restricted breed, including: American pitbull terrier or pitbull terrier Japanese tosa Dogo Argentino (Argentinean fighting dog) Fila Brasiliero (Brazilian fighting dog) Perro de Presa Canario or Presa Canario any other dog of a breed, kind or description, whose importation into Australia is prohibited by, or under, the Customs Act 1901 (Cth). A dog can also be declared a restricted dog by an Authorised Officer of a council.
Retaining wall	A structure built to support or hold back earth.
Revenue NSW	Revenue NSW is responsible for collecting and enforcing payment of fines in NSW.
Review	An application to a court to ask for the decision of a registrar to be changed or cancelled.
Review of a fine	A check performed by Revenue NSW or other agency to ensure a fine has been issued correctly, or if there are other circumstances for withdrawing the fine or issuing a caution.
Right of way	Where a person or vehicle has a right to move in traffic first and other road users are expected to give way, under the Road Rules.
RMS	See Roads and Maritime Services
Roads and Maritime Services (RMS)	See Transport for NSW
Roads and Traffic Authority (RTA)	See Transport for NSW
Road Rules	Road Rules 2014 NSW. The rules that apply to drivers, riders and pedestrians who use public roads in NSW.
RTA	See Roads and Traffic Authority
RTA Licence Appeal	An application to the Local Court, by a person who has had their licence suspended by RMS (formerly the RTA) (for demerit points or speeding) to keep their licence.
Rules	Parliament gives courts the power to make laws about procedure in court. These are called 'court rules' or 'rules of court'. The rules that apply in the Local Court are the Local Court Rules 2009 and the Uniform Civil Procedure Rules 2005.

Word or phrase	Definition
Real property	Land or a building that is part of land. Does not include personal goods.
Reasonable care	If a person owes a duty of care, the level of care they need to take should not be more than what is expected of a 'reasonable' person. For example, Dimitri was driving at the speed limit on a rainy day. Dimitri may not be taking reasonable care because driving the speed limit on a wet road can be dangerous.
Receiver/Receivership	If a company cannot pay all of its debts when they are due, a receiver will be appointed to take control of some or all of the company's assets.
Recitals	An introductory part of a document that states the facts and circumstances upon which the document is based. Recitals are used to explain and interpret the contents of the document.
Recovery Order	A court order that: - requires a child to be returned to a parent or person with parental responsibility for the child - can authorise the police to find and recover a child - can provide directions about the day-to-day care of a child until they are returned - can prohibit a person from removing the child or taking the child into their care again
Redeployment	Transferring an employee to: - another position within a business, or - an associated entity
Redundancy	A position is made redundant when an employer no longer needs a role to be performed, or no longer needs the same number of employees to perform certain tasks.
Redundancy pay	A payment offered to an employee because an employer no longer needs anyone to do their job.
Re-employment	Employing a former employee under a new contract of employment.
Registered External Protection Order	An External Protection Order that has been registered in New South Wales. Once registered an External Protection Order has the same force as an AVO made by a court in New South Wales.
Registration number	The numbers and letters on a number plate that identify a car, motorcycle or other vehicle. The plate must match the details on the vehicle's Certificate of Registration.
Registrar	A judicial officer who runs the court registry, and sits in court to deal with preliminary and procedural matters. For example, registrars may deal with mentions, Pre Trial Reviews, and some Notices of Motion.
Registrar General	The government officer who controls and manages records about all land owned in New South Wales. The Registrar General can make a Boundary determination.
Registry	A counter at the court house where people can file documents and make enquiries.
Regulations	Rules made connected to an Act, usually outlining procedure or how the Act works.
Reinstatement	Getting your job back after being dismissed. Reinstatement can mean going back to the exact same job or going back to another position within the business (redeployment).
Release application	When you make an application to be granted bail and released from custody.
Relevance	When using evidence in a case, it must be relevant. This means it must be shown to have a direct relationship to the legal issues being considered in the case.
Relief	The outcome that a plaintiff is asking for in their claim. For example, an order from the court that the defendant must pay them a certain amount of money.
Re-list a court date	When the court provides another court date for the matter, for example, if there is a change of venue and the matter needs to be heard at another court.
Remuneration	Payment, rewards or compensation for services rendered. It includes: - salary - wages - allowances - superannuation contributions
Repair quote	A document given by a panel beater or repairer that lists the repairs that need to be done to a car damaged in an accident and the cost of those repairs.
Replacement value	The amount of money it would cost to replace something.
Res Ipsa Loquitur	Latin phrase meaning 'The thing speaks for itself'. When a plaintiff can't prove what caused an accident, the fact that the accident happened may be used as evidence that it was caused by the defendant's negligence. For example, where a car is being driven on the wrong side of the road and hits another car.
Resealing	A grant of probate issued by a Court outside of NSW that is approved and sealed by the Supreme Court of NSW so that the estate can be administered in NSW.
Residential premises	A property used or intended to be used as a home or residence.
Residential tenancy agreement	An agreement under which a person (the landlord) grants to another person (the tenant) a right to occupy a residential premises for a value.
Residue	The remaining assets of the estate of a person who has died with a will, after all specific gifts have been made.
Respondent	A person against who an application is made.
Restitution	The legal process of recovering money paid to the victim or their family members.
Restricted dog	A dog that is a restricted breed, including: - American pitbull terrier or pitbull terrier - Japanese tosa - Dogo Argentino (Argentinean fighting dog) - Fila Brasiliero (Brazilian fighting dog) - Perro de Presa Canario or Presa Canario - any other dog of a breed, kind or description, whose importation into Australia is prohibited by, or under, the Customs Act 1901 (Cth). A dog can also be declared a restricted dog by an Authorised Officer of a council.
Retaining wall	A structure built to support or hold back earth.
Revenue NSW	Revenue NSW is responsible for collecting and enforcing payment of fines in NSW.
Review	An application to a court to ask for the decision of a registrar to be changed or cancelled.
Review of a fine	A check performed by Revenue NSW or other agency to ensure a fine has been issued correctly, or if there are other circumstances for withdrawing the fine or issuing a caution.
Right of way	Where a person or vehicle has a right to move in traffic first and other road users are expected to give way, under the Road Rules.
RMS	See Roads and Maritime Services
Roads and Maritime Services (RMS)	See Transport for NSW
Roads and Traffic Authority (RTA)	See Transport for NSW
Road Rules	Road Rules 2014 NSW. The rules that apply to drivers, riders and pedestrians who use public roads in NSW.
RTA	See Roads and Traffic Authority
RTA Licence Appeal	An application to the Local Court, by a person who has had their licence suspended by RMS (formerly the RTA) (for demerit points or speeding) to keep their licence.
Rules	Parliament gives courts the power to make laws about procedure in court. These are called 'court rules' or 'rules of court'. The rules that apply in the Local Court are the Local Court Rules 2009 and the Uniform Civil Procedure Rules 2005.

Word or phrase	Definition
Safe room	A room available in some courts for female protected persons in AVO cases. In some cases the safe room is also available to female defendants.
Salvage value	A car's worth after it has been in an accident and has been written-off because it can't be repaired.
Scott schedule	A form used in home building disputes to itemise in detail specific problems with home building work, such as defective or incomplete work.
Sealed copy	A document or form that has been filed with the court and has a court stamp on it.
Search warrant	A court order that gives the police permissions to search something, for example, a car, home or business.
Section 10	An order under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), where the court finds a person guilty of an offence, but chooses not to record a conviction.
Sentence	The punishment imposed by the court after a person is convicted of an offence.
Separation	When the parties to a marriage have ended their marital relationship.
Separation under one roof	Where the parties to a marriage or de facto relationship separate, but continue living together in the same residence.
Sequestration order	An order made by a Registrar or Judge of the Federal Court of Australia, or a Judge from the Federal Circuit and Family Court of Australia, making a person bankrupt based on a creditor's petition or other application under the Bankruptcy Act 1966 (Cth).
Serious or wilful misconduct	Wrongful, improper or unlawful actions by a person, which are considered to be severe, such as driving under the influence of alcohol or drugs, or causing an accident on purpose.
Serve documents	Formally giving someone court documents, or bringing those documents to that person's attention.
Service	The formal process of delivering or posting court documents to another party in a case after they have been filed, in accordance with the rules of the Court. Service ensures that all parties have received the documents filed with the Court.
Service fee	The fee paid to a court or process server to serve a court document.
Set asid	To cancel, annul or revoke a judgment or order.
Set off	A defendant in a case may argue that the amount they owe to the plaintiff should be reduced by an amount of money that the plaintiff owes to the defendant. This is called a 'set off'. For example, a court may find that Max owes Yi Ming $2,000 for childcare services. The court may also find that Yi Ming owes Max $1500 for accounting services. The court may set off the two amounts so that Max only needs to pay Yi Ming $500.
Settlement	When the parties in a case come to an agreement to resolve their dispute before the court makes a decision.
Settlement agreement	A written document that outlines the terms of the agreement reached between two parties to a dispute. Also called a 'Settlement Contract', 'Terms of Agreement' or 'Terms of Settlement Contract'.
Sexual harassment	Unwelcome sexual advances, requests or behaviour of a sexual nature, which a reasonable person would expect to offend, humiliate or intimidate.
Sham agreements	Where an employer tells you that you are being hired as a contractor when you are really an employee, or when you are dismissed so an employer can hire you as a contractor doing the same work.
Sheriff	Officers who serve court documents and enforce writs, warrants or other court orders. They are also responsible for court security.
Sick leave	Time off work because an employee is sick or injured.
Small Business Fair Dismissal Code	A Code of practice that applies to small business employers in the national workplace relations system. It sets out what a small business needs to do to fairly dismiss employees. If your employer is a small business and is covered by national employment laws, it should comply with the Small Business Fair Dismissal Code (the 'Code') when it dismisses an employee.
Small claims division	This division of the Local Court deals with debts and claims up to $10,000.
Social control	Isolating a person from family, friends and the community. This includes not letting a person attend family or community events and/or not letting them participate in religious or educational activities.
Social security payments	Welfare payments provided by Centrelink, for example the Disability Support Pension, Jobseeker Payment and Family Tax Benefit.
Sole Parental Responsibility	A Court Order that only one parent has parental responsibility for a child.
Solicitor (NSW)	A lawyer who holds a current practising certificate issued by the NSW Law Society. Solicitors have a right to appear in courts representing their clients.
Solicitor/client costs	The fees a solicitor charges their clients for legal services.
Spent conviction	A conviction that has expired or that doesn't have any effect. A conviction becomes spent automatically after a 'crime free' period. All convictions can become spent except: convictions where a prison sentence of more than six months was imposed sexual offences convictions against companies and other corporate bodies. A spent conviction should be removed from your criminal record, however it will still be included in your criminal history.
Spousal maintenance	Financial support paid by a person to their ex-husband or ex-wife because their former spouse cannot meet their reasonable living expenses.
Spouse	A party to a marriage.
Stalking	Following a person watching or frequently visiting a person's home, business, work or any place they go for social or leisure activity contacting a person through technology. It is an offence to stalk someone to make them fear physical or mental harm.
Standard orders (AVOs)	See Mandatory orders
State Insurance Regulatory Authority	The State Insurance Regulatory Authority (SIRA) of NSW, (previously known as the Motor Accidents Authority (MAA)) is in charge of the Compulsory Third Party (CTP) personal injury insurance scheme for motor vehicles registered in NSW.
Statement	Verbal or written evidence used to support a case.
Statement of Claim	A document used by a plaintiff to start a civil case in court. It tells the court and the defendant what the plaintiff is claiming and why.
Statute law	Laws made by parliament such as Acts, Regulations and Rules.
Statutory declaration	A written statement made by a person under the Oaths Act 1900. The statement must be affirmed or sworn in front of an authorised witness such as a solicitor or a Justice of the Peace. If the person deliberately said something in their statutory declaration that is untrue, they can be charged with a criminal offence.
Stay of proceedings	An order of the court stopping a court case from continuing, either permanently or temporarily.
Strata committee	An elected body of members of the owners corporation that make day to day management decisions relating to the strata scheme. Previously known as the 'Executive committee'.
Strata levy	The amount an owner pays to the administrative fund and capital works fund.
Strata managing agent	A person or organisation appointed by the owners corporation to manage the day to day affairs of the strata scheme. Also known as the strata manager or strata agent.
Strict liability	Offences where the police prosecutor only has to prove that a person committed the offence and not that they meant to (intended) to break the law.
Strictly indictable offences	The most serious offences, for example, murder, manslaughter and serious drug offences, which cannot be dealt with in the Local Court and must be heard in the District Court.
Subjective test	A test based on what the person actually feels.
Substituted service	Giving documents to a party other than by personal service, in a situation where the court has ordered that personal service (or another authorised type of service) is not practicable. Substituted service can only be used if the court has made an order that it is acceptable.
Submissions	Verbal or written arguments made to the court about the facts of the case and the law that applies to a case.
Subpoena	A court order telling a person or company to bring certain documents to court or to appear at court to give evidence.
Subrogation	Where a person or company 'stands in the place of' another person or company. For example, when Mark was doing building work at Danica's store, he broke one of Danica's water pipes. Mark didn't have any insurance. Danica asked her insurance company to pay the cost of repairing the damage. Danica's insurance company then started a court case against Mark to claim back the cost of the repairs. Danica's insurance company has stood in place of Danica through the right of subrogation.
Substituted service	When you haven't been able to serve the other party personally with a court document, you can ask the court for permission to try other ways to bring the document to the party's attention. For example, if you haven't been able to serve a Statement of Claim on the defendant at their home or place of work, you may ask the court for permission to try and serve the document on the defendant's parents instead.
Sufficient dividing fence	A fence that adequately separates your land from your neighbour's land.
Summary dismissal	When an employee is dismissed straight away (without notice or warnings).
Summons	A notice that you are required to go to court or to produce specific documents to the court. A summons may also be used by tribunals.
Superannuation	A payment made by an employer on behalf of an employee to the employee's superannuation fund.
Supreme Court of NSW	The highest court in NSW that hears both civil and criminal trials and appeals, including the most serious criminal matters.
Surrogacy	An arrangement whereby a woman agrees to gives birth to a child for another person, who will become the child’s parent and raise the child.
Surveyor	A person who inspects or investigates land in order to determine boundaries.
Suspended sentence	When an offender is convicted and the court orders a term of imprisonment, but the term does not have to be served. If the offender commits another offence, they will breach the sentence and may then be sent to prison to serve the term of imprisonment.
Swear/sworn	Declaring or promising the truth of something.
Sworn evidence	Evidence that is given under oath or affirmation. When someone takes an oath or makes an affirmation they promise to tell the truth in court or in an affidavit.

Word or phrase	Definition
Taxi or Bus Operator	The person or company who manages a taxi service or bus service.
Taxi network	A taxi-cab network takes bookings for taxis. Networks are not responsible for damage caused by taxis.
Technology facilitated abuse	Any behaviour that uses technology to harass, monitor, stalk, impersonate or threaten someone in order to control, frighten or humiliate that person.
Tenant	A person who pays rent to their landlord to enjoy exclusive occupation of a property. The arrangement is covered by the Residential Tenancies Act 2010 (NSW). A tenant is different to a boarder or lodger.
Tenants in common	When a person owns real property with another person, in divided shares. It is different to a joint tenance because there is no right of survivorship. If one of the tenants in common dies, their share forms part of the deceased estate.
Terms of Settlement	A document that records how two or more parties have agreed to settle a case.
Testate	A person who has left a valid will.
Testator	The person who makes a will.
Testamentary document	A written document by the testator that explains who they want to leave their estate to.
Third party	A person, other than the applicant and respondent, who is involved in a matter.
Third party claim	A claim by a defendant against a party who was not involved in the original court case. This is now called a 'cross-claim'. A claim for compensation for personal injury suffered in a motor vehicle accident. The claim is brought against the 'compulsory third party insurer' of the driver at fault.
Third Party Property Damage	Damage caused to another persons property.
Third Party Property Insurance	Insurance that covers the damage caused to another person's property. This kind of insurance doesn't usually cover damage to the insured person's property.
Time limits	For different kinds of cases, laws give people a set amount of time to start a court case. Sometimes an extension can be granted to start a case outside the time limit. Time limits also apply to the time you have to do certain things during a court case.
Title search	A search carried out through the Land and Property Information (LPI) office that shows: who owns a particular property where that property is located other interests (including mortgages, easements, and covenants) in that land.
TOIP	See Traffic Offenders Intervention Program
Traffic offence	When a law about vehicles or road use is broken.
Traffic Offenders Intervention Program (TOIP)	A program for people who have pleaded guilty to, or been found guilty of a driving offence. The program is designed to provide traffic offenders with information and skills for safer driving. An offender must usually complete the course and then return to court to be sentenced. Also called 'TOIP'.
Traffic record	See Driving record
Transport for NSW (TfNSW)	The New South Wales Government department that looks after the road safety, driver licensing and vehicle registration systems in NSW. Formerly known as Roads and Maritime Services (RMS) and the Roads and Transport Authority (RTA).
Transport Officer	A person employed by Transport NSW to patrol trains, railway stations, buses and ferries. They have power to issue cautions and fines if people break certain laws when using these services.
Trespass	Entry onto another person's land without their permission.
Tribunal	A body that resolves disputes between parties. There are different tribunals that deal with specific matters. For example, the NSW Civil and Administrative Tribunal (NCAT) deals with a broad and diverse range of matters from disputes about residential tenancy and building works to guardianship and administrative review of government decisions. Orders made by a tribunal are legally enforceable.

Word or phrase	Definition
Taxi or Bus Operator	The person or company who manages a taxi service or bus service.
Taxi network	A taxi-cab network takes bookings for taxis. Networks are not responsible for damage caused by taxis.
Technology facilitated abuse	Any behaviour that uses technology to harass, monitor, stalk, impersonate or threaten someone in order to control, frighten or humiliate that person.
Tenant	A person who pays rent to their landlord to enjoy exclusive occupation of a property. The arrangement is covered by the Residential Tenancies Act 2010 (NSW). A tenant is different to a boarder or lodger.
Tenants in common	When a person owns real property with another person, in divided shares. It is different to a joint tenance because there is no right of survivorship. If one of the tenants in common dies, their share forms part of the deceased estate.
Terms of Settlement	A document that records how two or more parties have agreed to settle a case.
Testate	A person who has left a valid will.
Testator	The person who makes a will.
Testamentary document	A written document by the testator that explains who they want to leave their estate to.
Third party	A person, other than the applicant and respondent, who is involved in a matter.
Third party claim	- A claim by a defendant against a party who was not involved in the original court case. This is now called a 'cross-claim'. - A claim for compensation for personal injury suffered in a motor vehicle accident. The claim is brought against the 'compulsory third party insurer' of the driver at fault.
Third Party Property Damage	Damage caused to another persons property.
Third Party Property Insurance	Insurance that covers the damage caused to another person's property. This kind of insurance doesn't usually cover damage to the insured person's property.
Time limits	For different kinds of cases, laws give people a set amount of time to start a court case. Sometimes an extension can be granted to start a case outside the time limit. Time limits also apply to the time you have to do certain things during a court case.
Title search	A search carried out through the Land and Property Information (LPI) office that shows: - who owns a particular property - where that property is located - other interests (including mortgages, easements, and covenants) in that land.
TOIP	See Traffic Offenders Intervention Program
Traffic offence	When a law about vehicles or road use is broken.
Traffic Offenders Intervention Program (TOIP)	A program for people who have pleaded guilty to, or been found guilty of a driving offence. The program is designed to provide traffic offenders with information and skills for safer driving. An offender must usually complete the course and then return to court to be sentenced. Also called 'TOIP'.
Traffic record	See Driving record
Transport for NSW (TfNSW)	The New South Wales Government department that looks after the road safety, driver licensing and vehicle registration systems in NSW. Formerly known as Roads and Maritime Services (RMS) and the Roads and Transport Authority (RTA).
Transport Officer	A person employed by Transport NSW to patrol trains, railway stations, buses and ferries. They have power to issue cautions and fines if people break certain laws when using these services.
Trespass	Entry onto another person's land without their permission.
Tribunal	A body that resolves disputes between parties. There are different tribunals that deal with specific matters. For example, the NSW Civil and Administrative Tribunal (NCAT) deals with a broad and diverse range of matters from disputes about residential tenancy and building works to guardianship and administrative review of government decisions. Orders made by a tribunal are legally enforceable.

Word or phrase	Definition
Undertaking (AVO)	A formal promise made by a person to the court that they will or will not do something. In an AVO case, a promise made to the court, usually agreeing not to assault, harass, intimidate or stalk a protected person. An undertaking is not enforceable, and breach of an undertaking is not a criminal offence.
Under the influence	When a person is affected by drugs or alcohol.
Unfair dismissal	When an employee's employment is terminated and this is harsh, unjust or unreasonable.
Uniform Civil Procedure Rules	The rules setting out how civil cases are run in NSW courts, including the Local Court.
Unincorporated association	An organisation or association can choose to become incorporated as a legal entity called an 'incorporated association'. If an association is not incorporated each person in the group is personally responsible for any debts in the name of the association.
Unlawful discrimination	When someone is treated differently because of a particular ground (for example their sex (including transgender), race, age, sexual preference, disability or illness, marital status or pregnancy and family or carer's responsibilities in a particular area (for example, work, education, accommodation, in the provision of goods and services).
Unrestricted driver's licence	A licence that allows a person to drive a car in NSW without any of the specific restrictions placed on learner or provisional licence holders.

Word or phrase	Definition
Vacate a court date	The change of a court date, for example, if a witness is unable to attend the court date, you may request to vacate the original court date and ask for a new date to attend court.
VSL	See Victims Support Levy
Venue	The location of a court. For example, Downing Centre or Bankstown or Wollongong.
Vexatious	A claim or application made against someone to embarrass or annoy them and made without a good cause. See Frivolous and vexatious.
Vicarious liability	When a person or company is responsible for the wrong doing of another person because of the legal relationship between them. For example, Henry owns a mechanic shop. One of his employees, Curtis, failed to properly reattach a wheel on Seri's car and when it fell off, Seri had an accident. As Curtis' employer, Henry is likely to be vicariously liable for Curtis' negligence, even though Henry didn't do the work himself.
Victim	A person harmed, injured, or killed as a result of a crime, accident, or other action.
Victims Services	An agency within the Department of Communities and Justice. Victims Services provides access to counselling and financial assistance to victims of violent crime in NSW under the Victims Support Scheme, promote the Charter of Victims Rights and deliver related programs.
Victims support	Financial support and/or recognition payment paid to the victim by the Commissioner of Victims Rights.
Victims Support Levy	A fee that must be paid by any person who is convicted of any offence in NSW, except offences relating to: parking offensive language travelling on public transport without paying the fare or without a ticket engaging in offensive conduct

Word or phrase	Definition
Wages	The payment a person receives from their employer for working for them.
Waive	To give up. For example, to waive a debt is to give up the right to be paid that debt.
Waiver of privilege	A client waives privilege when they do (or authorise) something which is inconsistent wiht the confidentiality that the privilege is intended to protect. Confidential disclosure to a potential expert witness or co-plaintiff or co-defendant are not a waiver of privilege.
Warrant for arrest	An order made by a judge or magistrate that a person be arrested and brought before the court.
Warranty	A guarantee or legally binding promise.
WDO	See Work and Development Order
WDVCAS	See Women's Domestic Violence Court Advocacy Service
Will	A written document that sets out how a persons assets are to be divided after their death.
Without prejudice	When these words are said at the beginning of a conversation or written on a document it means that the information is not a confession or admission. Anything the party has said or written cannot be used as evidence against them by the other party in a current or future court case. There are some exceptions to this rule.
Witness	A person who saw, heard or experienced something and can give a first hand account. For example, someone who was at the scene when the incident happened.
Witness box	Where a witness sits in the courtroom when they are giving evidence.
Witness statements	Written version of the evidence of a witness.
Women's Domestic Violence Court Advocacy Service(WDVCAS)	A service that provides court advocacy, referrals and information for women and children involved in Apprehended Domestic Violence Order (ADVO) matters and some Apprehended Personal Violence Order (APVO) matters.
Work and Development Order (WDO)	An order made by Revenue NSW directing a person to: perform unpaid work undergo medical or mental health treatment undertake an educational, vocational or life skills course undergo drug or alcohol treatment, or undertake a mentoring program by an approved organisation (if your under 25 years of age), to satisfy an unpaid fine
Workplace right	Rights that employees have at work, and that are protected by the Fair Work Act, such as: the right to take leave and get paid the right to be in a union and take part in union activity (or to not do this) the right to take time off work if you are sick or injured the right not to be discriminated against
Wrecker	A person or company in the business of removing reusable items from damaged cars and reducing the rest to scrap metal.
Writ for Levy of Property	A court order to the sheriff, telling the sheriff to go to the judgment debtor's house and seize property to be sold at auction. The money raised from the auction is used to pay off a judgment debt.
Writ for Delivery of Goods	A court order telling the sheriff to take goods from a person and deliver them to another person.
Write off	A car that has been so badly damaged that it is either not safe to repair or the cost of repairing it is more than its value. When a creditor (person who is owed money) decides not to try and get their money back from a debtor (person who is being chased for money).
Write off application	An application made to Revenue NSW to waive a fine where the person is unable to pay their debt through any of the payment options because of their serious financial, medical or other problems.
Written Notice of Pleading	A form that you can send to the court saying that you want to plead guilty and have the case heard without you (in your absence) or you want to plead not guilty and get a hearing date.
Written representations	A letter to the police requesting that they withdraw or change a criminal or driving charge.

Word or phrase	Definition
Wages	The payment a person receives from their employer for working for them.
Waive	To give up. For example, to waive a debt is to give up the right to be paid that debt.
Warrant for arrest	An order made by a judge or magistrate that a person be arrested and brought before the court.
Warranty	A guarantee or legally binding promise.
WDO	See Work and Development Order
WDVCAS	See Women's Domestic Violence Court Advocacy Service
Will	A written document that sets out how a persons assets are to be divided after their death.
Without prejudice	When these words are said at the beginning of a conversation or written on a document it means that the information is not a confession or admission. Anything the party has said or written cannot be used as evidence against them by the other party in a current or future court case. There are some exceptions to this rule.
Witness	A person who saw, heard or experienced something and can give a first hand account. For example, someone who was at the scene when the incident happened.
Witness box	Where a witness sits in the courtroom when they are giving evidence.
Witness statements	Written version of the evidence of a witness.
Women's Domestic Violence Court Advocacy Service(WDVCAS)	A service that provides court advocacy, referrals and information for women and children involved in Apprehended Domestic Violence Order (ADVO) matters and some Apprehended Personal Violence Order (APVO) matters.
Work and Development Order (WDO)	An order made by Revenue NSW directing a person to: - perform unpaid work - undergo medical or mental health treatment - undertake an educational, vocational or life skills course - undergo drug or alcohol treatment, or - undertake a mentoring program by an approved organisation (if your under 25 years of age), to satisfy an unpaid fine
Workplace right	Rights that employees have at work, and that are protected by the Fair Work Act, such as: - the right to take leave and get paid - the right to be in a union and take part in union activity (or to not do this) - the right to take time off work if you are sick or injured - the right not to be discriminated against
Wrecker	A person or company in the business of removing reusable items from damaged cars and reducing the rest to scrap metal.
Writ for Levy of Property	A court order to the sheriff, telling the sheriff to go to the judgment debtor's house and seize property to be sold at auction. The money raised from the auction is used to pay off a judgment debt.
Writ for Delivery of Goods	A court order telling the sheriff to take goods from a person and deliver them to another person.
Write off	- A car that has been so badly damaged that it is either not safe to repair or the cost of repairing it is more than its value. - When a creditor (person who is owed money) decides not to try and get their money back from a debtor (person who is being chased for money).
Write off application	An application made to Revenue NSW to waive a fine where the person is unable to pay their debt through any of the payment options because of their serious financial, medical or other problems.
Written Notice of Pleading	A form that you can send to the court saying that you want to plead guilty and have the case heard without you (in your absence) or you want to plead not guilty and get a hearing date.
Written representations	A letter to the police requesting that they withdraw or change a criminal or driving charge.

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