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Legal Information | Legal Terms | Legal Resources Legal Terms ExplainedAActionAdjournmentAffidavitAffirmationApplicantApplicationApprehended Violence OrderBBarristerBinding Financial AgreementCChamber magistrateChild supportChild RepresentativeClientCo-habitation AgreementConsent OrderContactContested or defended actionCross applicationCustodyDDecreeDe facto relationshipDe facto partnerDeponentDispense with serviceDissolution of marriageDomestic Relationship AgreementDomestic ViolenceEEx parte orderFFederal Magistrates ServiceFinancial resourcesGGuardianshipIInjunctionInterim orderIntervenerIrretrievable breakdown of marriageJJudgmentJustice of the PeaceLLawyerLitigationLocal CourtMMagistrate's CourtMaintenanceMentionOOathPParty or PartiesParenting OrderPropertyRResidenceRespondentSSeparate representativeSeparationSeparation AgreementServiceSettlementSolicitorSpecific Issues OrderSpouseStalkingSubpoenaSubstituted serviceTTermination AgreementWWitnessActionA dispute taken to court. Also known as "proceedings", a "case", "matter" or "suit". AdjournmentPostponing a case until a later date in court. AffidavitWritten evidence setting out facts and circumstances, sworn or affirmed to be the truth before a solicitor or Justice of the Peace. AffirmationA promise to tell the truth. ApplicantA person who starts a court case. ApplicationThe document filed y the applicant to start a court case. Apprehended Violence OrderA personal protection order made in a local court that a person not come near to you or hurt or harass you called “AVO” for short. BarristerA lawyer who specialises in court work. Binding Financial AgreementAn enforceable agreement dealing with care of children, division of property, and/or payment of maintenance. These agreements are entered into before, during or after marriage. Chamber magistrateA magistrate at a local court who gives free legal advice from an office not a courtroom. Child supportPayments that are worked out by the Child Support Agency and made by a parent who does not live with a child for the benefit of the child. Child Representativea solicitor appointed by the court to represent the interests of a child or children in Family Court proceedings. ClientA person who employs a lawyer. Co-habitation Agreementsee Domestic Relationship Agreement Consent OrderAn order made by a court which is based upon agreed terms between parties to a dispute. It is just as enforceable and binding as any other court order. It can be about property or children or both. ContactThe time a child spends with or communicates with the parent he or she does not live with. Contested or defended actionA dispute in court where the respondent will not agree with all or part of an application. Cross applicationThe document where the respondent asks the court for different orders to those made in the application. May be known as a Response. CustodyDaily care and control of a child. No longer a part of the Family Law Act. DecreeAn order made by a court. De facto relationshipA relationship between two adults who live together as a couple and who are not married to one another or related by family De facto partner(Formerly de facto spouse) A partner in a de facto relationship. DeponentA person who swears or affirms an affidavit. Dispense with serviceAn order that a court may make which means that you do not have to give your application or other court documents to the other party. Dissolution of marriageDivorce, the legal end of marriage. Domestic Relationship Agreement(formerly Co-habitation Agreement) Includes agreements between de facto spouses about what will happen with their property and/or maintenance if they separate. Domestic ViolenceA range of behaviour including physical, verbal, emotional, psychological and sexual abuse from someone who lives or has lived with you. Ex parte orderAn urgent order made to last for a short period of time without the respondent being present. Federal Magistrates ServiceA lower level Federal Court designed to deal quickly and cheaply with less complex family law matters. Financial resourcesIncludes future expectations under wills or trusts, long service leave entitlements, superannuation before it is paid out, actions for personal injury GuardianshipResponsibility for major decisions about children such as health and religion. No longer a part of the Family Law Act. InjunctionAn order made by a court which forbids a person from doing something or commands him to do something (also a restraining order). Interim orderA short-term order made until the court can hear all the evidence. IntervenerA person who asks the court to make orders to protect their interests who is not the applicant or respondent. Irretrievable breakdown of marriageNo reasonable likelihood of getting back together. JudgmentDecision by a judge resolving a dispute after a hearing, together with her or his reasons for the decision. Justice of the PeaceA person who has formal authority to witness legal documents. LawyerA general word for solicitors and barristers. LitigationA dispute that is taken to court. Local CourtA state court where a magistrate hears cases and makes decisions. Magistrate's CourtSame as a local court. MaintenanceMoney paid by one partner for the support of the other partner and/or children. MentionA brief hearing, a time when the court gives a case some attention but not a full hearing of the matter. OathA promise to tell the truth sworn on a religious book which is important to the person making the promise. Party or PartiesPeople involved in a court case or a dispute usually an applicant and a respondent. Parenting OrderAny order about children made under the Family Law Act, except injunctions. PropertyAny thing of value including house, investment properties, cars, boats, trailers, cash in bank accounts, household contents, shares, interest in a business. Note that even if the property is in one spouse or partner's name, it should still be considered in a property settlement. ResidenceThe term for describing where a child will live after separation. RespondentThe person against whom an application is made. Separate representativeThe old term for a child's solicitor appointed by the court (see Child Representative). SeparationThe situation when a married or de facto couple lead separate lives and usually live apart. Separation AgreementServiceA requirement that all documents in a court case must be given to the other party before the court will deal with them. SettlementAn agreement between parties to a dispute about how to resolve it. SolicitorA lawyer who may give clients legal advice, help with legal problems and who may appear in court. Specific Issues OrderOrders about children which are not where they will live (see Residence Order) or when they will see the non-residential parent (see Contact Order). Includes orders about care, welfare and development Spousea general word for wife or husband. StalkingA form of harassment when you are followed around by a person or that person waits outside your home or workplace. SubpoenaA court order to make a witness come to court to give evidence and/or to bring documents to court. Substituted serviceAn order that a court may make which means that you can give your application or other court documents to a relative or friend of the respondent or put a notice in the paper instead of giving them to the respondent. Termination Agreement(formerly known as Separation Agreement) Agreement between former de facto partners about how to divide their property after they separate. WitnessAny person who tells a court what she or he knows about a matter. Disclaimer
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