Reading and writing legal documents

Before you start to write your document, you should read all the documents relating to your case. This can help you understand the issues that are in dispute. It can also help you refresh your memory. If you are having trouble reading the documents, think about whether there is someone who might be able to help you, for example, a friend or staff at your local community centre.

For more information on how to read legal documents, see Reading legal documents.

Before writing your legal documents, you should plan what you are going to write. You should think about:

• who you are writing to
• the type of document you are writing
• why you are writing
• what you want to say
• writing in drafts.

Having a plan will ensure the documents you write are clear and effective.

Once you have written a draft of your document, you can use the information below to prepare revised drafts of your legal document until you are happy with the final version.

You should make sure that the document you write is presented in an easy-to-read and common format. It's best to type your document on a computer, however, if you have to hand-write it you should make sure your handwriting is clear and able to be read by others. You may be able to access computer facilities at a library, school or internet cafe. Any typed document should:

• use a standard font such as Arial or Times New Roman. It can be very difficult to read a document written in a fancy or unusual font
• use margins that are at least 2.5cm in from the left and right side of the page as well as the top and the bottom
• use A4 paper size where appropriate
• be in a portrait page set-up rather than landscape, and
• align words to the left.

You should make sure that your document doesn't confuse the reader with large chunks of text, or tiny letters and words. The use of spacing is a simple and effective way of making your document easier to read.

Remember to:

• use a font size that is not too small and not too big, for example size 10 to 12
• divide the document into paragraphs, with each paragraph setting out a separate idea
• keep paragraphs short
• logically organise the information in your document and use headings where appropriate
• leave enough space so that the page doesn't seem crowded with words
• use dot points or numbered lists, and
• use black ink if you are writing the document on your computer, or use blue or black pen if you are writing your document by hand.

It is important to read over your document a few times and check your spelling and grammar. Poor spelling and grammar may make your document difficult to read and may also affect the way the reader understands and interprets your document.

Remember:

• don't rely on spell check. It may correct the spelling of words but it doesn't tell you if you've used the wrong word, for example, 'their' or 'there'.
• read what you've written and make sure it makes sense. Sometimes it helps to read documents out loud. This will help you work out if there are any sentences which are too long or confusing
• re-read your final version before you send it
• you can ask a friend or family member to read your document for you and tell you what they think it means to make sure that your document is easy to understand and that there are no spelling mistakes.

Although being involved in legal disputes can be emotional, you should avoid using emotional language when writing legal documents. Swearing should be avoided at all costs, as it can make the situation worse.

Keep in mind that what you write may be read by a lawyer or court staff and they may not know your case as well as you do. They will not have invested as much time and energy into it as you have. Don't put your personal feelings in your document. Try to focus on the facts.

An exception to not using slang and swear words is if you are writing an affidavit or statement and you are writing what you or someone else said. You should always use the exact words that were said in those cases.

You should try to write in plain English and avoid using legal jargon. This is particularly important if you don't know what certain words mean. If you use big or complicated words or too many words, the reader may find your document difficult to understand or misinterpret what you are saying.

Remember to keep your sentences short, simple and clear. If a lawyer writes you a letter that is wordy and filled with jargon, you do not need to write a similar letter. It is always best to keep things simple.

If you want to know more about how to understand legal jargon used in documents you have received, see Reading legal documents, in this topic.

Any legal document you write must make sense. If it is a letter, it should get to the point. If it is a Statement of Claim for a small claims matter in the Local Court, it should set out your claim and briefly explain what your claim is based on, for example a contract to pay money for services.

When writing any legal document, you should:

• write it in date (chronological) order from oldest to newest if possible
• keep different issues separate by using paragraphs or dot points
• avoid irrelevant information. For example, don't try and explain your case if you are writing a letter asking only for an adjournment. Also, don't include information about why you dislike the other party if you are writing to them or their lawyer. If you are unsure what is relevant, see Checklist - Writing.

Sometimes the simplest way to work out what a legal document is saying is to read the heading.

If it is a letter, it may have a heading, before the bulk of the text, which explains:

• what the names of the parties in dispute are
• what the court case number is (if any)
• what type of dispute or negotiation is taking place.

If it is a court document, there may be a heading explaining what the document is, such as:

• Statement of Claim
• Application to the Local Court
• Court Attendance Notice
• Subpoena.

If it is legislation (laws made by parliament), the name of the law and the year it became law will usually be at the top as a heading, such as:

• Civil Procedure Act 2005
• Criminal Procedure Act 1986
• Uniform Civil Procedure Rules 2005
• Local Court Rules 2009.

Each part, division and section of a law will also have headings to describe what they contain.

Many legal documents have a reference number that can help identify what the case is about and who is involved.

If it is a letter from a lawyer, the law firm will usually have a reference number that identifies which lawyer at the firm is running the case, and what the file number is.

If it is a court document, the court will give it a number when it is filed - this will usually include a case number and the year the case was started.

If it is legislation (laws made by a parliament), a law will have a number that indicates how many versions of the law there have been prior to the current one.

Some forms have reference numbers that identify the type of form being used, such as forms used by Transport for NSW (formerly the RMS) and forms used by the police.

The type of legal document sent to you will usually give you information about what the writer is trying to tell you. For example, a:

• letter of demand tells you that the writer believes you owe them money
• Statement of claim tells you that someone is starting a civil court case against you
• letter of offer tells you that one party is offering to settle a dispute
• Subpoena tells you that you either have to attend court, send documents to the court, or both
• Court Attendance Notice tells you that you have been charged with a criminal offence and have to go to court.

Understanding what the document is trying to tell you can help you work out how to respond.

Any legal letter or court document you receive will also tell you something in particular. For example:

• a letter might refer to a previous letter or incident and then explain what the writer's view is and what they want from you
• a Statement of Claim will explain who the parties are, the amount the plaintiff says they are owed and why
• a Subpoena will tell a witness who the parties are in a case and what the witness needs to do and when.

Legislation can provide information about a number of things, including:

• what the law is
• what penalties apply to people that break certain laws
• what powers government bodies have
• how court cases are run.

Forms will usually provide spaces for you to fill in your details, but may also tell you:

• how to submit or file the form
• where to send it to
• any fees for submitting it
• contact details for the department you have to submit it with.

A good way to work out what a document is saying, is to separate it into sections, or summarise it in point form. You could:

• break up the issues
• make a list of the relevant laws
• note any time limits for taking action or responding
• separate those points you agree with, and those you disagree with.

Lawyers sometimes use legal words, phrases and language that are not easy to understand. They may also use Latin words and phrases.

Some examples of legal words include:

Some examples of legal phrases include:

Some examples of Latin words and phrases used include:

These are just a small example of the many legal and Latin words and phrases that are often used. If you do not understand a word used in a legal document, you should use a dictionary or get legal advice.

If you don't understand a word used in a legal document you should look it up in a dictionary. Some legal words might not appear in an ordinary dictionary, but there are legal dictionaries that give meanings for common legal words and terms. Most legal dictionaries will also include Latin words and commonly used phrases.

For some common words found on this website, see Legal Words.

The following examples are legal documents with explanations of how to read them:

• A legal letter
• A court document
• Legislation.

You may need to write to a cou​rt (or tribunal) for a number of reasons, including to:

• ask for your case to be postponed (adjourned). Be careful as you can't ask for this by letter in​​ some types of cases or in some courts
• ask for your case to be heard at a different court, for example, a court closer to you. Be careful as you can't ask for this by letter in some types of cases or in some courts
• get a copy of a file or document
• file a document by post.

When you write a letter to a court, you should make sure the person reading it can understand what case you are referring to, and what you want.

For a helpful tool to use when writing a letter to a court, see Checklist - Writing letters.

All letters to court should include: ​

• ​your add​​ress and the court's address
• the names of the parties in the case, the court and the court case number
• what you are telling the court about, or asking for, and
• your signature and any relevant documents.

Sample: Sample letter to court

Your add​​ress and the court's address

When you write a letter to a court, your name and address should be at the top of the page, on the right hand side. Underneath that, on the left hand side, you should write the date and the name of the court and its address. Use a PO Box address if the court has one.

Always include the date you are signing/sending the letter. A date is important because:

• it can help you prove when you sent the letter, and
• a date can be used to identify the document. For example, if you call the court about your letter you can ask them if they have received your letter 'dated 10 January 2011'.

For example:

The names of the parties in the case, the court and the court case number

When you write a letter to a court about a case that has been started, you should include a heading. The heading should state the names of the parties, the court the case is in, and the case number. It is important to give this information to help court staff identify what your letter is referring to.

For example:

What you are telling the court about, or asking for

When you write to a court, you should clearly state what the letter is about. If you are:

• asking for your case to be postponed (adjourned), state the court date you want adjourned, why you need the adjournment, and what other time period (for example, after 10 January) you would be available. Be careful as you can't ask for this by letter in some types of cases or in some courts.
• asking for your case to be moved to a different court, the letter should explain why you need this and where you think the case should be moved. Be careful as you can't ask for this by letter in some types of cases or in some courts.
• trying to get a copy of a file or document, the letter should clearly set out what file or document you want access to, and why.
• filing documents by post, the letter should list each of the documents you are filing, list the number of copies (if any) of each document, and include a cheque for payment of the filing fee (if there is one).

If you expect a reply or confirmation of receipt of documents, you should say this in the letter and tell the court your preferred contact details.

For example:

Your signature and any relevant documents

When you have completed the letter, you can write “Yours faithfully”, leave two or three spaces, write your name and then sign in between “Yours faithfully” and your name.

If you are sending any documents, cheques or any other items, these are called ‘enclosures’. You should describe what you are enclosing in the text of your letter (as in the example above). You should also add the letters “encl” underneath your name. This reminds the person receiving the letter that you sent something with it.

For example:

Make sure you include a telephone number in a​ny letter you write so that the person you send the letter to can contact you if they need to. You could also include your email address, if you have one.

Make sure you keep a copy of the letter and a record of when you posted it. You could use registered post so that there is a record of when the person you sent the letter received it.

If you have a dispute with someone, and you want to speak to them or demand that they do something, you could write them a letter. If your case goes to court, you may need to use the letter as evidence.

This page is a guide to writing to a party that is representing themselves, just like you. If the person you are in dispute with is represented by a lawyer, you should not contact them directly. Instead, you should write to their lawyer.

For more information, see Letters to lawyers.

You may want to write to the unrepresented party because they owe you money, or you need to serve (formally give) some court documents by post.

For a helpful tool to use when writing a letter to an unrepresented party, see Checklist - Writing letters.

Whenever you write to other parties or their lawyers, you should make sure to only include things that you may want to rely on in court. If you want to offer to settle the matter, you can write the words 'Without Prejudice' on your letters. This means the letters sent by you usually can't be used as evidence in court. Before sending the letter, you should get legal advice.

Your letter should include:

• ​your add​​ress, the other party's address and the date
• heading​
• a reference to any relevant previous letters
• what you want to say to the unrepres​​ented party, and
• your signature and relevant documents.

Sample: Sample letter to unrepresented parties

Your add​​ress, the other party's address and the date

When you write a letter, your name and address should be at the top of the page, on the right hand side. Underneath that, on the left hand side, you should write the date, and the name and address of the person or business you are writing to.

Always include the date you are signing/sending the letter. A date is important because:

it can help you prove when you sent the letter

a date can be used to identify the document. For example, if you call the party about your letter you can ask them if they have received your letter 'dated 10 January 20XX'.

For example:

Heading​

Any letter you write should include a heading. The heading should state all the names of the parties, the court the case is in and the case number, (if the case is in court), or other details to identify the matter, (if a court case has not been started). For example:

• John Smith v Paula Brown. Parramatta Local Court, Case number 2011/000111222
• John Smith and Paula Brown, Payment for shop fitting work done at Paula's Hair Design, 12 April 20XX.

For example:​

A reference to any relevant previous letters

If there has been a previous letter from the person you are writing to and you are replying to that, you should say this in the next line.

For example:

​If you have written to the unrepresented party previously and received no reply, you could instead refer to your last letter.

What you want to say to the unrepres​​ented party

When you write a letter to someone you should clearly state what the letter is about. If you are:

• responding to a question, clearly state what question you are answering and what the answer is
• demanding payment, be clear why you think the money is owed, how much is owed, and when you expect it to be paid
• asking for information, make sure you clearly set out what you want
• serving documents, refer to them in the letter and enclose them with the letter.

For example:

Your signature and relevant documents

When you have completed the letter, you can write "Yours faithfully", leave two or three spaces, write your name and then sign in between "Yours faithfully" and your name.

If you are sending any documents, cheques or any other items, these are called 'enclosures'. You should describe what you are enclosing in the text of your letter (as in the example above). You should also add the letters "encl" underneath your name. This reminds the person receiving the letter that you sent something with it.

For example:

If you are involved in a legal dispute, you may need to write a letter to a lawyer representing the other party in the dispute. This page has some tips for writing letters to lawyers and law firms.

For a helpful tool to use when writing a letter to a lawyer, see Checklist - Writing letters.

Your letter should include:

• your address, the law firm's address and the date
• headings and references
• a reference to any relevant previous letters
• what your response is
• what you want the other side to do, and
• your signature and any relevant documents.

Sample: Sample: letter to lawyers

Whenever you write to other parties or their lawyers, you should make sure to only include things that you may want to rely on in court. If you want to offer to settle the matter, you can write the words 'Without Prejudice' on your letters. This means the letters sent by you usually can't be used as evidence in court. Before sending the letter, you should get legal advice.

Your address, the law firm's address and the date

When you write a letter to a law firm, your name and address should be at the top of the page, on the right hand side. Underneath that, on the left hand side, write the date, the name of the law firm, and its address. If you know the name of the lawyer who is running the case, you could put their name above the law firm's name.

Always include the date you are signing/sending the letter. A date is important because:

• it can help you prove when you sent the letter
• a date can be used to identify the document. For example, if you call the law firm about your letter you can ask them if they have received your letter 'dated 10 January 20XX'.

For example:

Headings and references

Most letters from law firms will include their own reference number and a heading that names the parties and describes the matter. A law firm's reference number helps them identify who their client is and which lawyer in their firm is handling the case. When you write to a lawyer you should also note their reference number and heading.

For example:

CO might be the initials of the lawyer who is handling the case. BAL12345 might be the first three letters of the client's surname plus the file number. This is just one of the ways that law firms write their reference numbers. When writing to a law firm it is helpful to include their reference number if you know it.

If you know the name of the lawyer handling the case, you could write their name above the name of the law firm.

A reference to any relevant previous letters

If you are replying to an earlier letter from the lawyer or law firm, you should say in the next line.

For example:

If you have written to the law firm previously and received no reply, you could instead refer to your last letter.

What your response is

If you are writing to a response to a letter from a lawyer, you will need to clearly tell the lawyer what your response is. You may want to:

• reject a claim that you were negligent in a car accident
• reject an offer of settlement
• make an offer of settlement
• ask for more information (further and better particulars)
• respond to a request for further and better particulars.

For example:

Whatever it is that you want, you should write directly and to the point. You don't want to confuse the lawyer by including irrelevant information. You also should make sure that your letter is polite and formal.

What you want the other side to do

Before you finish the letter, you should make sure that you tell the lawyer for the other party what you want. You may want them to:

• discontinue the case
• pay your costs (if any)
• give you more information
• give you more time to file a defence.

For example:

Your signature and any relevant documents

When you have completed the letter, you can write "Yours faithfully", leave two or three spaces, write your name and then sign in between "Yours faithfully" and your name.

If you are sending any documents, cheques or any other items, these are called 'enclosures'. You should describe what you are enclosing in the text of your letter (as in the example above). You should also add the letters "encl" underneath your name. This reminds the person receiving the letter that you sent something with it.

For example:

Make sure you include a telephone number in any letter you write so that the person you send the letter to can contact you if they need to. You could also include your email address, if you have one.

Make sure you keep a copy of the letter and a record of when you posted it. You could use registered post so that there is a record of when the law firm received it.

You may need to write to a third party (someone not involved in your case) because you need some information or you need them to provide a service to you. For example, you might want to ask someone to give you copies of documents, serve them with (formally give them) a subpoena by post, or ask a process server (a person you hire to serve documents for you) to serve a court document.

For a helpful tool to use when writing a letter to a third party, see Checklist - Writing letters.

Your letter should include:

• ​your address, th​​e other party's address and the date
• heading
• what you want to say to the other party, and
• your signature and any relevant documents.

​Your address, th​​e other party's address and the date

When you write a letter, your name and address should be at the top of the page, on the right hand side. Underneath that, on the left hand side, you should write the date, and the name and address of the person or business you are writing to.

Always include the date you are signing/sending the letter. A date is important because:

• it can help you prove when you sent the letter
• a date can be used to identify the document. For example, if you call the third party about your letter you can ask them if they have received your letter 'dated 10 January 20XX'.

For example:

Heading

Any letter you write should include a heading. The heading should state all the parties' names, the court the case is in and the case number, (if the case is in court), or other details to identify the matter, if a court case has not been started. For example:

• John Smith v Paula Brown. Parramatta Local Court, Case number 2011/000111222
• John Smith and Paula Brown, Payment for shop fitting work done at Paula's Hair Design, 12 April 2011.

For example:

What you want to say to the other party

When you write a letter to someone, you should clearly state what the letter is about. If you are:

• serving documents, such as a subpoena, refer to them in the letter and enclose them with the letter
• asking a process server to serve court documents, include all known addresses and contact details of the person that needs to be served, and the documents that need to be served.

For example:

Your signature and any relevant documents

When you have completed the letter, you can write "Yours faithfully", leave two or three spaces, write your name and then sign in between "Yours faithfully" and your name.

If you are sending any documents, cheques or any other items, these are called 'enclosures'. You should describe what you are enclosing in the text of your letter (as in the example above). You should also add the letters "encl" underneath your name. This reminds the person receiving the letter that you sent something with it.

For example:

Make sure you include a telephone number in any letter you write so that the person you send the letter to can contact you if they need to. You could also include your email address, if you have one.

Make sure you keep a copy of the letter and a record of when you posted it. You could use registered post so that there is a record of when the person you sent the letter received it.​

This is an example of what a basic letter of offer could look like.

Sample: Sample letter of offer.

You can apply for a subpoena if you are a party in a case that is currently before a court.

You can apply for a subpoena if:

• a person refuses, or is unable, to provide you with the document(s) or information that you require for your case
• you want a person to be a witness at the hearing or trial.

To apply for a subpoena you must fill out the approved form and file it with the court. Each court will have its own form that you can download from the courts website.

You may need permission from the court to apply for a subpoena.

There may be a limit to how many subpoenas you can apply for without the courts permission.

Each court has its own rules for when you can apply for a subpoena. You should check the courts rules before applying for a subpoena.

The document(s) and information produced under a subpoena are available to all of the parties in your case. You should not apply for a subpoena if you believe the document(s) or information might be harmful to your case.

Before applying for a subpoena, you should get legal advice.

If you are going to apply for a subpoena you will need:

• the name of the person who must do what the subpoena requests. If you wish to subpoena an organisation, you should address the subpoena to the person authorised to act on behalf of the organisation, for example, The Proper Officer.
• the address of the person or organisation. You should contact the organisation before you prepare a subpoena to check the correct address for service. A large organisation may have multiple offices, and the subpoena may need to be sent to a specific office.
• the name of document(s) or thing(s) to be produced. You must provide a clear description of the document(s) or information that you require.

You can name two or more people in a subpoena if:

• the subpoena is to give evidence
• you are asking the people to produce the same document(s) or information.

A subpoena should not include a request for:

• the subpoenaed person to create a document. The document(s) you request must already exist.
• the subpoenaed person to decide what documents to produce. For example, ‘All documents that show that the respondent has transferred money to an account the respondent opened in a false name’.
• a court to produce documents. To ask a court for documents, you must send a written request to the registrar.

If you are not sure how to prepare a subpoena, you should get legal advice.

Depending on the court, you may be able file your subpoena online or in person, at the registry where the court is located.

If you are filing your subpoena in person, you must file:

• the original subpoena
• a copy for each person named in the subpoena
• a copy for each party to the case
• a copy for yourself.

You may have to pay a fee to file your subpoena. You should contact the court or check the court’s website to find out whether you will have to pay a fee.

When the court receives your documents it will:

• fill in the date the subpoena must be served by
• fill in the return date (date documents must be provided to court)
• fill in the date of the hearing
• stamp your documents with its seal
• give them back to you to serve.

The court will keep your original subpoena for its records.

The subpoena must be personally given to the person it is addressed to by the date for service. You must also serve every other party to the case with a copy of your subpoena. You can pay for a professional process server to serve the subpoena or do it yourself.

Each court has its own rules for time limits for service of subpoenas. You should check the courts rules before you attempt service.

If you do not serve your subpoena correctly, it may not be valid.

Sometimes, you might need to apply for an extension of time for the service of a subpoena. For example, you find out about new evidence a few days before your hearing date and you don’t have time to comply with the standard rules.

A court may order short service if it is satisfied that it is in the interests of justice to do so. Any order made for short service must be attached to the subpoena and served.

If you are considering applying for an order for short service of a subpoena, you should get legal advice.

To apply for an order for short service, you will need a Notice of Motion form and an affidavit in support of your application.

You can get copies of forms from:

• your nearest local court or
• the Local Courts website.

   

When you serve the subpoena you must also give the person or organisation you are serving with the subpoena some money, called 'conduct money'.

The amount of money must be enough to cover the cost of travelling to and from the court or the cost of looking for, photocopying and sending the documents to the court.

The conduct money can be paid by cash, cheques, bank cheques, or money transferred electronically, through online banking or other digital payment methods. Prepaid travel options, such as petrol vouchers, may also count as conduct money.

Before you serve your subpoena, you should contact the subpoenaed person to find out how much conduct money they will require to comply with the subpoena.

The amount that can be claimed depends on the court that you are attending. The amount that may be claimed may be:

• an amount that is considered sufficient to meet the reasonable expenses of a person attending court to comply with a subpoena or order, or
• an amount set by legislation, which provides a scale of allowances.

If you have received a subpoena, you must comply with it unless you have a lawful excuse not to. For example, you were served after the date for service or you were not given conduct money.

If you do not comply with a subpoena, and you do not have a lawful excuse, you may be held in contempt of court and a warrant may be issued for your arrest. You may also be ordered to pay another party’s legal costs.

If you are going to post the requested documents to the court, they must arrive by the return date.

If you have received a subpoena that you do not want to or cannot comply with, you should get legal advice.

When the documents you have requested have been provided to the court, you must ask the courts permission to inspect the documents. To do this, you must file the approved form with the court before the hearing.

Each court has its own form that you must use.

At the hearing, the court will have to decide whether to allow you access to the documents it has been provided. If the court grants you access, there are three orders it can make:

• view only
• photocopy
• uplift (take from the courthouse).

If you are only allowed to view the documents, you should make detailed notes of what information is in the documents. It is a good idea to bring a notepad and pen with you to the court when you are inspecting documents.

You may have to pay a fee to photocopy the subpoenaed documents.

If you want to uplift any documents, you may have to fill out a form to ask the court for permission. You should check the courts rules before you take any documents.

You can object to a subpoena on the following grounds:

• a failure to comply with the technical requirements of a subpoena
• the subpoena is oppressive or an abuse of process
• the documents or information sought is privileged.

Depending on the type of objection you want to make, you may be able to send a notice to the court explaining your reasons for objection or you may have to attend court to explain your reasons in person.

You should check the courts rules about objecting to subpoenas.

If you want to object to a subpoena, you should get legal advice.

Failure to comply with the technical requirements of a subpoena

You can object to a subpoena where:

• you were not given enough conduct money
• you were not served in time
• you need more time to comply with the subpoena
• the document(s) does not contain information relevant to issues in the case
• the court did not give permission for the subpoena to be issued (if required).

If you were not given enough conduct money, you should contact the person who sent you the subpoena to fix the problem.

If they will not give you the money you need, you must raise an objection at court. You must do this before you give them the documents they want.

The subpoena is oppressive

A subpoena may be oppressive if it:

• is too time consuming, expensive, or difficult to comply with. For example, the documents are too old or there are is unusually large number of documents.
• does not specify in enough detail the document(s) or information requested.

A subpoena is not oppressive just because it is inconvenient.

The subpoena is an abuse of process

A court may set aside a subpoena if:

• it is an abuse of process
• the subpoenaed person is unable to provide the document(s) or information requested
• the court does not have the power to order the subpoenaed person to produce the requested documents.

To object on this ground, you must go to the hearing and ask the court to set aside the subpoena.

The documents or information sought is privileged

You can object to a subpoena if the document(s) or information sought is protected by one of the following types of privilege:

• client legal privilege
• religious confessions privilege
• public interest immunity
• national security privilege
• professional confidential relationship privilege
• sexual assault communications privilege.

You can object to a subpoena on these grounds even if you are not the person named in the subpoena, but you must have a sufficient interest in the document(s) or information requested.

If you cannot object to a subpoena because of privilege, but the document(s) requested contain your private information, you may be able to object to your private information being shared. A court may refuse inspection or limit access to documents if it decides that the documents:

• contain your private information, and
• your information is irrelevant to the case.

You may also be able to object to a subpoena on the grounds that it contains:

• a ‘child at risk’ report
• details of victims support and victims’ compensation claims.

This information is generally protected.

If you want to object to a subpoena, you should get legal advice.

Documents or things that were not made an exhibit will be returned once the original case is finished.

Documents or things that were made an exhibit will be returned after:

• the original case is finished,
• the time limit for an appeal has passed, and
• any appeal is finished.

The court will not return any material which it has written on or marked in some way.

For more information about issuing a subpoena for your court matter, see the following topics in My Problem is about:

• A criminal charge - Step by step guide – Subpoenas
• Apprehended Violence Orders - Written statements and evidence – protected person or Written statements and evidence – defendant
• Fines - Step by step guide - Subpoenas
• My Money - Step by step guide – Subpoenas
• My Neighbour (Fences) - Step by step guide - Preparing subpoenas
• My Neighbour (Noise) - Step by step guide - Preparing noise order application
• My Job, General Protections Dismissal - Evidence - Federal Circuit and Family Court.

A deed of settlement is a legal document that contains the agreement between the parties to resolve a dispute.

In a deed of release, one person gives up their legal rights or claims they may have had in exchange for something they want, like money or other things.

A deed of release does not require consideration but must be written, signed, sealed and delivered.

Before you draft or sign a deed of release, you should get legal advice.

For a helpful tool to use when writing a deed of release, see Checklist - Writing agreements and settlements.

A simple deed of release starts by stating the date it was made and naming who the parties involved are:

​The next part is usually called the 'Recitals' and it contains background information and an explanation of the dispute:

It’s important for the recitals to clearly say what dispute the deed is meant to resolve. The release should only apply to the issues mentioned in the recitals or those that the parties were specifically thinking about when they signed the deed, not unrelated matters.

After the 'Recitals', the next section of the deed describes the actual agreement reached between the parties and the effect of that agreement. This is called the 'Operative Part'.

The 'Operative Part' can include sections that deal with:

• the terms of settlement (including who will pay what, what the release will be, and what will happen when payment is received)
• the release clause should detail what rights or claims one party gives up in exchange for something else, like compensation or other considerations
• definitions
• confidentiality
• taxes
• which state or territory laws apply to the deed.

For example:

Next comes the execution, where the parties place their signatures. A deed usually has each signature witnessed.

For example:

Your signature on a deed may need to be witnessed, depending on whether you sign as an individual or on behalf of a company. If you are not sure about the signing requirements on the execution page of a deed you should get legal advice.

When signing (executing) a deed of release, you should make sure that there are copies for each of the parties involved. Often a deed of release will be 'executed' when one party provides their signed copy to the other party, and the other party in turn provides their signed copy to the first party. This is known as an 'exchange'. On exchange, each copy of the deed should be an exact copy of the other.​

If a dispute has reached court, a deed of settlement and release may not be necessary, as terms of settlement can form part of a consent judgment.

If you and the other party reach an agreement after a court case has started, you may be able to write and file: ​

• Terms of settlement
• Consent Orders (orders agreed to by the parties)
• A Notice of Discontinuance (a notice filed by the plaintiff or applicant ending the case).

For a helpful tool to use when writing settlements, see Checklist - Writing agreements and settlements.

Terms of settlement

'Terms of settlement' is a document that records the agreement to settle a case between parties in dispute.

When you reach an agreement it is a good idea to put the details of the agreement in writing. The written agreement can be added to the court record if you want or if the court makes an order. The agreement doesn't have to be in any specific form, however, it should be written clearly and precisely.

Any agreement to settle should refer to the court proceedings and what will happen to them now that the matter has been settled. For example, the terms of settlement might say that a consent order or judgment will be given, or a Notice of Discontinuance will be filed.

The agreement should be promptly signed by all the parties.

For an example of what terms of settlement could look like, see:

Sample: Sample Terms of Settlement

Consent Orders

Consent Orders are orders agreed to by both parties to a dispute and then made by the court. If you reach an agreement, you may want to have the court make Consent Orders. Consent Orders are generally easier to enforce than an agreement as they have the same effect as a decision of the court. You can agree that Consent Orders will be filed with the court in your Terms of Settlement and write what the Consent Orders will be in that document.

Consent Orders will usually include parts of the agreement that:

• say what one party has to pay the other, which is sometimes a compromise amount
• say when or how payment is to be made
• say what will happen if payment isn't made, such as the original amount of the claim plus costs and interest being payable
• say whether one party will pay the other party's costs, or if each party will pay their own costs.

Not all parts of the terms of settlement have to be part of the consent orders. There may be some parts that the parties want to keep confidential.

Consent orders should include:

• the names of the parties and the case details
• a list, in numbered paragraphs, of the terms of the order the parties have agreed to
• the names and signatures of each party to the case
• the court seal and signature of the judicial officer (for example a magistrate) who made the order.

Once the court seals (stamps) the consent order it becomes an order of the court.

For an example of what consent orders could look like, see:

Sample: Sample Consent Order

Notice of Discontinuance

If the parties come to an agreement to settle after a court case has been started, it does not always mean that consent orders have to be filed to finalise the case. Instead, the party who started the case (the plaintiff or applicant) can file a Notice of Discontinuance. A Notice of Discontinuance is a notice to the court that the plaintiff or applicant is withdrawing their claim and does not want to continue their case.

A Notice of Discontinuance will usually be filed if the plaintiff and the defendant have agreed that the plaintiff does not want to go ahead with their claim. If the defendant has filed a defence or entered an appearance (indicated that they will be defending the case), in some cases the plaintiff may need to get the defendant's consent (permission) to file the Notice of Discontinuance, or the court's permission.

In some cases, if you file a Notice of Discontinuance, you may have to pay the other party's costs. Before you file a Notice of Discontinuance, you should get legal advice.

For an example of what a Notice of Discontinuance could look like, see:

Sample: Sample Notice of Discontinuance

Sometimes you can communicate by email rather than letter. You may even be able to send legal documents as attachments to an email rather than by post. In either case, you will need to think carefully about what you will say in the email.

When communicating by email about legal matters, you should use similar practices as you would if you were sending a legal letter. For more information on what to put in letters to courts, solicitors and other parties, see Letters in this topic.

When corresponding by email, you should:

• check you're sending it to the right email address
• make sure the recipient's email address is in the "to" address bar
• check you're not accidentally sending it CC (carbon copy) or BCC (blind carbon copy) to other email addresses
• add a subject that will make it easy for the recipient to understand what the message is about before they open it
• if you are making an offer, making admissions or negotiating a settlement, make sure the words "without prejudice" are in the body of the email
• request a read receipt if you want to know when the recipient has read the email (this is particularly useful if you need evidence that the email was read)
• if you want a reply don't be afraid to ask for one by a particular (but reasonable) date
• follow up your email with a telephone call to confirm it was received, just in case the recipient's email program dealt with it as spam or junk mail.

Think about the email address that you are using to send and receive formal correspondence. If it has a very informal name, you might want to create a new email account to use for your case.

Sending legal documents by email

You may be able to serve (formally give the other party) court documents, send evidence, or submit forms by email as attachments. Depending on the court you are in and what the other party has put as their address for service, you may be able to serve:

• a Defence
• Affidavits
• Statements
• Notice of Motions
• draft Consent Orders
• Offers of Compromise,

by email. In some cases you may be able to submit court forms or other forms by email, though you should check with the relevant court, department or agency before doing this.

There are rules about the way certain documents can be served and some documents must always be served by personal service. You should check the court rules that apply in your case to make sure that you can use email. If you are not sure whether you can serve a document by email, you should get legal advice.

If you want to send a document by email as an attachment, there are some things you should remember:

• make sure the document is attached
• make sure the document attached is the final version and not a draft (unless you intend to send the draft)
• make sure the document is in an easy to read format, such as Word or pdf
• if you are concerned about the document not being amended, send it as a pdf
• if the document is a large file, the recipient may not be able to receive it, so try to keep it as small as possible, or send it through in parts
• if you are concerned about confidentiality, mark the email as confidential.​

If you want to send legal documents or letters by facsimile (fax), you will generally need to include a fax cover sheet. A fax cover sheet is a page that comes before the first page of the letter or document you are sending and includes information such as:

• the name of the company the fax is being sent to (if relevant)
• the name of the person in the company that the document or letter is being sent to
• the fax number of the company or person the document is being sent to
• your name
• your company's name (if relevant)
• your telephone number, fax number, email address and other contact details
• the word "URGENT" if the fax is urgent
• a brief description of the letter or document being sent, including how many pages the fax is (including the cover sheet)
• a statement in words to the effect that the fax is confidential and for the intended recipient only
• your signature.

It is a good idea to check with the person or organisation you are sending the fax to whether it will be received in a confidential area. If the fax is a shared machine in an open area and you want to send private documents, you may want to send a letter or email instead of a fax.

There are many templates for fax cover sheets available on word processing software, such as Word, which allow you to fill in the relevant details.

A fax cover sheet could look like this: