Legal Terminology

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Action
A dispute taken to court. Also known as "proceedings", a "case", "matter" or "suit".

Adjournment
Postponing a case until a later date in court.

Affidavit
Written evidence setting out facts and circumstances, sworn or affirmed to be the truth before a solicitor or Justice of the Peace.

Affirmation
A promise to tell the truth.

Applicant
A person who starts a court case.

Application
The document filed by the applicant to start a court case.

Apprehended Violence Order
A 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.

Barrister
A lawyer who specialises in court work.

Binding Financial Agreement
An enforceable agreement dealing with division of property and/or payment of maintenance. These agreements are entered into before, during or after marriage.

Chamber Registrar
A registrar at a local court who gives free legal advice from an office not a courtroom.

Child Support
Payments 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.

Client
A person who employs a lawyer.

Consent Order
An 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.

Contact
The time a child spends with or communicates with the parent he or she does not live with.

Contested or Defended Action
A dispute in court where the respondent will not agree with all or part of an application.

Cross Application
The document where the respondent asks the court for different orders to those made in the application. May be known as a Response.

Custody
Daily care and control of a child. No longer a part of the Family Law Act.

Decree
An order made by a court.

De Facto Relationship
A 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.

Deponent
A person who swears or affirms an affidavit.

Dispense with Service
An 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 Marriage
Divorce, the legal end of marriage.

Domestic Violence
A range of behaviour including physical, verbal, emotional, psychological and sexual abuse from someone who lives or has lived with you.

Ex Parte Order
An urgent order made to last for a short period of time without the respondent being present.

Federal Magistrates Court
A lower level Federal Court designed to deal quickly and cheaply with less complex family law matters.

Financial Resources
Includes future expectations under wills or trusts, long service leave entitlements, superannuation before it is paid out, actions for personal injury

Guardianship
Responsibility for major decisions about children such as health and religion. No longer a part of the Family Law Act.

Independent Children’s Lawyer
A solicitor appointed by the court to represent the interests of a child or children in Family Court proceedings.

Injunction
An order made by a court which forbids a person from doing something or commands him to do something (also a restraining order).

Interim Order
A short-term order made until the court can hear all the evidence.

Intervener
A person who asks the court to make orders to protect their interests who is not the applicant or respondent.

Irretrievable Breakdown of Marriage
No reasonable likelihood of getting back together.

Judgment
Decision by a judge resolving a dispute after a hearing, together with her or his reasons for the decision.

Justice of the Peace
A person who has formal authority to witness legal documents.

Lawyer
A general word for solicitors and barristers.

Litigation
A dispute that is taken to court.

Local Court
A state court where a magistrate hears cases and makes decisions.

Magistrate's Court
Same as a local court.

Maintenance
Money paid by one partner for the support of the other partner and/or children.

Mention
A brief hearing, a time when the court gives a case some attention but not a full hearing of the matter.

Oath
A promise to tell the truth sworn on a religious book which is important to the person making the promise.

Party or Parties
People involved in a court case or a dispute usually an applicant and a respondent.

Parenting Order
Any order about children made under the Family Law Act, except injunctions.

Property
Any 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.

Respondent
The person against whom an application is made.

Separate Representative
The old term for a child's solicitor appointed by the court (see Child Representative).

Separation
The situation when a married or de facto couple lead separate lives and usually live apart.

Service
A requirement that all documents in a court case must be given to the other party before the court will deal with them.

Settlement
An agreement between parties to a dispute about how to resolve it.

Solicitor
A lawyer who may give clients legal advice, help with legal problems and who may appear in court.

Spouse
A general word for wife or husband.

Stalking
A form of harassment when you are followed around by a person or that person waits outside your home or workplace.

Subpoena
A court order to make a witness come to court to give evidence and/or to bring documents to court.

Substituted Service
An 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.

Witness
Any person who tells a court what she or he knows about a matter.

 

Disclaimer
The publisher, author, contributors, and endorsers of this Legal Termination each excludes liability for loss suffered by any person resulting in any way from the use of, or reliance on this publication. This webpage cannot provide legal advice but is only an indication of general legal provisions. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.