Global search
A
Abate
The interruption of a legal proceeding
Abuse of Process
An unreasonable use or misuse of legal proceedings
Acceptable standard
The expected level of treatment from a medical or health practitioner. A case of medical negligence, malpractice or mismanagement happens when treatment falls below the 'acceptable standard' causing injury or harm
Accomplice
Someone who gives assistance to a person in the commission of a crime
Accused
Someone charged with committing an offence
Acquittal
To find someone 'not guilty'
Act
A statute or a law approved by the parliament
Adduce
To offer proof in support of an argument
Adjournment
To postpone a meeting in court
Administrator
The person who has been appointed to divide up and hand out (to administer) the assets left behind by someone who has passed away
Advance Care Directive
An Advance Care Directive (ACD) is your instructions for how you want to be cared for if you become unable to make your own decisions
Affidavit
A written statement of facts or someone's account
Agent
A person who is legally allowed to act on behalf of another person
Appeal
Asking a higher court to review a decision made by a lower court
Asbestos
A mineral fibre which was previously used in Australian building products until 1985 and can be harmful when inhaled
Asbestosis
A condition caused by inhaled asbestos fibres that restricts breathing, scars the lungs and eventually causes hardening of the lungs
Asylum Seekers
People who come to Australia seeking protection (asylum) from persecution in their home country
Attendant care
Assistance with essential daily living, usually provided regularly at home
Attorney
A term commonly used in America which is short for 'Attorney at Law', or what we would refer to as a solicitor or lawyer
B
Bail
Being released from custody when you agree to come to court on a set date. This agreement can have certain conditions or monetary requirements
Barrister
An expert who can provide specialist legal advice in specific areas of the law, they usually represent clients in court
Beneficiary
A person or entity that receives something, such as money or property, from someone's estate when they pass away
Birth trauma
A claim relating to the obstetric care provided during labour resulting in injury to the baby
Black Lung
A disease that causes shortness of breath, coughing, and tightness of the chest - also known as pneumoconiosis
Breach of contract
Not honouring a legally binding agreement
Breach of duty
When a health practitioner or hospital breaches their duty of care to a patient by providing negligent treatment or treatment below the reasonable standard of care
C
Chamber Magistrate
Someone who can provide information about court proceedings, but doesn't represent clients
Chattel
Usually in reference to 'common property', something such as furniture that is not fixed to the land/property and can be moved
Civil Law
Non-criminal law; a practice that helps people navigate issues with individuals, organisations or governments
Claim
A formal request for something you believe you are due
Claimant
A person making a claim
Class Action
A type of lawsuit that enables disputes and claims involving large numbers of people to be resolved in a single case
Client Charter
A set of written promises, underpinned by values and policy, explaining how a business will work with a client
Codicil
A document used to make amendments to a will
Commercial Law
Corporate law or business law; what governs people and businesses involved with commerce
Common Law
Law created by judges based on previous decisions or findings
Common Property
Common areas on a subdivision that aren't owned by an individual lot owner such as gardens, driveways or elevators
Compensation
What you are paid or reimbursed
Complainant
A person who has made a complaint; a plaintiff
Comprehensive insurance
Usually the highest level of cover policy available
Confidentiality
When personal information is given to someone, such as a lawyer, under a confidentiality agreement then they are not allowed to share that information without consent
Consultation
An initial appointment with a professional
Consumer rights
A set of guarantees that protect consumers in the instance of issues with goods or services
Contract
A legally binding agreement
Conveyancing
Transferring ownership of land or property from one person to another
Conviction
Being found guilty of a crime
Cooling-off period
The period of time when someone can change their mind after making a purchase or an agreement
Coronial Inquest
An official inquiry and hearing to determine a person's cause of death
Corporate Responsibility
The concept that organisations have an accountability to their stakeholders
Corroboration
A second source that supports the statement or finding of the first
Counsel
A legal advisor
Counterclaim
A claim in response to another claim
Covenant
A legal agreement
Criminal Law
Law that relates to prosecuting people who commit a crime
Cross-examination
Questioning someone in a court proceeding after they've already made their first statement
CTP
Compulsory Third Party (insurance)
Custody
Either imprisonment (such as being taken into custody by a police officer), or being placed under guardianship (such as a child being placed in the care of a family member)
D
Damages
Compensation for damage, such as physical injury or property damage, to a plaintiff
De facto relationship
A domestic relationship that exists between two adults who are living together as a couple but who are not married to each other
Deceased Estate
The assets left by someone who has passed away
Decree
An order given by a judge
Defective
In relation to a will; an invalid will
Defence
To contest a statement or claim in court
Defendant
A person who has been charged
Deferred professional fees
Costs that are not paid up-front but billed at a later date
Delayed or missed diagnosis
A claim relating to a health care provider failing to act on symptoms or test results causing a delay in a diagnosis and resulting in injury or harm to the patient
Dependency damages
When dependents (such as a child) of someone who has died are eligible to claim for damages (payment)
Deposition
A testimony that is taken out of court
Disbursements
Expenses that lawyers pay on the client's behalf
Discrimination
In relation to the workplace: Disadvantaging someone because of a protected attribute such as sex, race, disability or age
Dismissal
When someone's employment contract is terminated by their employer
Dispute
A conflict
Distrain
The seizing of goods or property
Dust Diseases
Diseases, such as cancers, that occur as the result of breathing or swallowing large amounts of asbestos fibres and dust over time
Duty of Care
The legal obligation that medical and health practitioners have to patients to take reasonable care to ensure their safety and protect them from injury and harm
E
Earning Capacity
In reference to personal injury cases; the prospective financial loss due to the result of someone's injury
Enduring Power of Attorney
An Enduring Power of Attorney is a legal document that allows you to nominate one or more persons to act on your behalf
Enjoyment of life
In reference to personal injury cases; the loss of a person's ability to do something that previously (before an injury) gave them enjoyment
Entitlements
Usually in reference to employment; the rules around a person's right to benefits - such as penalty rates or number of breaks
Equity
Ensuring that everyone is treated the same
Excess
In relation to insurance; the set amount that you agree to pay if you have to make a claim on your policy
Express terms
Terms that are explicitly agreed
F
Failure to warn
Not being informed by a doctor (or any other health practitioner) about the relevant risks of a proposed medical treatment, such as a surgery
Financial Hardship
When someone is experiencing difficulty paying back loans
Freedom of Association
A person's right to join an association; to unionise
Future of Financial Advice (FoFA)
Reforms designed to bring clarity to how financial advice is given, the fees charged, and to ensure that financial advisors act in their clients' best interests
G
Gardening leave
When an employee resigns from the their job and continues to earn a salary over their notice period, but is not required to attend or complete work
Grant of Probate
The first official step in the estate administration process
H
Hearing
A proceeding at a court
Hearsay
In reference to evidence given, is a statement made out of court
I
Impairment benefits
Usually in relation to workplace injury or injury suffered in a road accident; lump sum compensation for permanent physical or psychological impairment (injury or illness)
Implied terms
Terms that are not explicitly stated but may be inferred by a common law
In camera
In private; a meeting held in a closed court or in a judge's chambers
Inactions
Not taking an action that then results in harm
Incurred
To be liable for, such as expenses
Indemnity
When a person or entity is required to pay another as compensation for a loss or damages
Industrial Action
A way of settling a workplace dispute; to protest
Informed Consent
Usually in regard to medical practices; when you have been given adequate information about the procedures, risks, possible complications etc. and sign a legal document giving permission
Infringement notice
A ticket or a fine
Injunction
A court order or direction
Institutional Abuse
Abuse that occurred in the context of school, church, children’s home/foster care or sporting club
Intellectual property
Something intangible that you have created (such as a formula or name) that can be legally owned
Intestate
The situation when someone passes away without a valid Will
Irresponsible loan
When credit is given to someone that doesn't meet their requirements or objectives, or they cannot afford to repay the loan without substantial hardship
J
Jurisdiction
The authority to apply the law
L
Landmark case
A notorious case that resulted in a significant outcome
Lawyer
A broad term for anyone in the legal profession, most commonly as a barrister or solicitor
Leave
In reference to appeal; the permission of a court for someone to appeal their case
Legal Aid
Legal assistance provided by the government
Legatee
In regard to Wills; a person who inherits or receives part of an estate when someone passes away
Legislation
A law or collection of laws
Letters of Administration
A court order that allows you to divide up and hand out the assets left behind by a person who died without a valid Will.
LGBTQIA
An initialism that stands for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual. There are variations of this initialism and is often used as an umbrella term for a variety of sexual orientations and gender identities
Liability
Being legally responsible
Litigant
Someone involved in a lawsuit
Litigation
Any dispute being resolved in court
M
Magistrate
An experienced lawyer who hears cases and makes a decision
Malpractice
When a healthcare professional, hospital or other facility breaches their duty of care or acts negligently
Market Rigging
Illegally controlling the sale or the price of a product or shares
Mediation
A negotiation process to settle an issue out of court
Medical Mismanagement
When medical treatment falls below an acceptable standard
Medical Treatment Decision Maker
A person given the authority to make your medical decisions for you if you are not able to make them yourself
Melanoma
A tumour usually associated with skin cancers
Mesothelioma
A relatively rare type of malignant cancer that is almost always caused by exposure to asbestos
Misconduct
Unlawful behaviour
Misrepresentation
A false statement
N
Negligence
Failure to uphold a duty of care
Negotiation
Reaching an agreement, a middle-ground, to settle a dispute
No win no fee
A cost agreement where the client is not charged professional fees unless they win their case or have a successful outcome
O
Occupational asthma
Asthma that is either caused or made worse by someone’s workplace
Occupational disease
An illness caused by work, or any pre-existing diseases that were aggravated due to work, also known as industrial disease
Occupational injury
Injuries sustained at a person's job, or any pre-existing injuries, illnesses or diseases that are worsened by the workplace
Offence
Breaking the law
Order
A judge's direction (instruction)
Out of court settlement
An agreement made, or resolution reached, out of court
P
Patent
In relation to intellectual property, a legal right to exclusively own something new you have created, such as a device or a method
Plaintiff
A person making a claim in a court proceeding
Plea
A formal statement in response to a charge
Pleural plaques
Thickened patches on the lining of the chest and lung, caused by inhaling asbestos fibres
Powers of Attorney
The authority you give to someone you nominate to act on your behalf for legal, financial and personal decisions
Precedent
Something, such as a court decision, that sets the benchmark or basis for future similar issues
Pro bono
Legal services provided at no cost
Probate
Permission from the court that a Will is valid and that an executor can begin the process of administering the estate in line with the Will instructions
Product liability
Manufacturers, importers or suppliers are held responsible to consumers for loss or damage caused by defective, faulty or unsafe products and services
Progressive Massive Fibrosis
PMF is a form of silicosis: a scaring and hardening of the lungs contracted through exposure to silica dust
Prosecution
The lawyers making a case in court; the act of prosecuting
Proxy
Someone who is given the authority to take the place of or speak for someone else
Public Liability
Compensation for injuries sustained in a public, private or commercial place due to negligence or fault by someone else
Punitive damages
Usually considered a punishment; additional compensation or payments made by the defendant (wrongdoer) to the plaintiff (victim)
R
Redundancy
When a person loses their job due to a position or duties no longer being required
Regulated Entity
Any organisation that is governed by a board, commission, division of government etc.
Reimburse
To pay back; a repayment for an expense or cost incurred
Respondent
The person who the legal action is being taken against
Restraint of trade
A clause in an employment contract that attempts to restrict a person's actions once their employment has ended
Revocation
In relation to a will; cancelling or revoking a will
S
Scheme
An organised program or plan
Self Represented Litigant
People who act in court on their own behalf without a lawyer
Settlement
When an agreement or resolution is made before the case is taken to court
Settlement Administrator
The person who divides up and hands out the payment in a class action, usually an agreed upon third party
Sexual Harassment
Illegal behaviour in which someone subjects a person to unwelcome sexual conduct, advances, requests or behaviour of any nature where they feel offended, humiliated or intimidated
Silicosis
Silicosis is a lung disease caused by the inhalation of crystalline silica
Social Justice
In regard to law practice; tackling issues of inequality and championing the rights of those who are disadvantaged
Social Responsibility
The concept that we all, individuals and businesses, have the responsibility to ensure the welfare of our society; civic duty
Solicitor
A lawyer; someone who provides you with legal advice
Special Counsel
An experienced or senior lawyer
Special damages
Items or money lost that have an exact price/cost associated, such as fees
Statement of Wishes
This is a morally (but not legally) binding and confidential document that expresses your views and wishes when it comes time to administer your estate
Strata
A strata building is a block of apartments, units or a sub-division that is governed by an owners corporation. A strata title is a type of ownership for a 'lot' (property) in a building
Subpoena
A document issued by the Court requesting a person to produce documents or give evidence at a hearing or trial
Summons
A document that indicates when you're required in court
Superannuation
An employee benefit; a set regular payment put aside for when you retire
T
TAC
The Transport Accident Commission
Tenancy
An agreement where a person (a tenant) pays rent to another person (landlord) to live in their property
The National Redress Scheme
A program set up to provide some compensation to victims of institutional sexual abuse in Australia
Third Wave
In reference to asbestos; the recent increase in the number of people exposed to asbestos dust through domestic duties, such as home renovations, is known as the Third Wave
Tort
An act that causes harm to someone
TPD
In reference to insurance, the acronym for Total and Permanent Disability
Trust
The arrangement between three parties when one person or entity holds the ownership of another's assets which will belong to a beneficiary
Trustee
The person who holds the rights to assets in a Trust
U
Unethical
Something that goes against conventional societal morals
Unfair Dismissal
When an employment contract is terminated by the employer in a way that is harsh, unjust or unreasonable
V
Void
In reference to something like a contract or ruling; something that is null, not enforceable by law
W
Waive
To agree to surrender a right
Waiver
An agreement to not pursue legal action
Warrant
An order that gives police the authority to take an action
Whistleblower
When a current or former employee (or member of an organisation) comes forward to report illegal or unethical acts
Will
The legal document that enables you to determine how your estate (your belongings) is to be distributed after your death
Without prejudice
A legal privilege in the instance of negotiation when anything said during negotiation is inadmissible in court
Witness
Someone who has information that is relevant to a case
WorkCover
WorkCover is a type of insurance that pays compensation when a worker is injured in the workplace
Writ
A document issued by a court that orders someone to do something or stop doing something
X
X-ray
In regard to medical treatments; a simple examination that photographs your body producing imagers of your internal structures
We're here to help
Contact us today