Legal Dictionary

Signs saying 'no refunds' or 'no returns' can't override your legal consumer rights.

The national watchdog that enforces consumer protection and competition laws across Australia.

Goods you buy must work properly, be safe, last a reasonable time, and look acceptable for what they are.

When a specific item left in a will no longer exists at the time of death, so the gift simply fails.

When a court hearing is put off to a later date.

The person appointed to manage a deceased estate when there is no will or no available executor.

A written statement of facts that you swear or affirm is true, used as your evidence in court.

A sworn statement proving that court documents were properly delivered to the other person.

Ways of settling a dispute without a full court trial — like mediation, conciliation, or arbitration.

Asking a higher court to review and change a decision you think was wrong.

The person who starts a case that begins with an application rather than a claim for money.

A private alternative to court where an independent arbitrator hears both sides and makes a binding decision.

The total of everything a couple owns and owes, which is identified and valued before it is divided in a property settlement.

Advertising a great deal that the business never really had enough of, to lure you in.

The civil standard of proof: you win if your version is more likely true than not.

A person or organisation entitled to receive something — money, property or a gift — under a will, trust or policy.

The guiding principle a court must follow when making any decision about children. The child's wellbeing comes first.

The high standard of proof in criminal cases; the prosecution must leave no reasonable doubt of guilt.

An instruction that legally forces your super fund to pay your superannuation to the people you choose when you die.

A private contract setting out how a couple's assets are divided if they separate — sometimes called a "prenup".

Latin for "good faith" — meaning genuine, honest and without intention to deceive.

When one party to an agreement fails to do what they promised, without a lawful excuse.

The package of instructions and documents a solicitor gives a barrister to run a case.

The job of proving a case; usually it falls on the person who brings the claim.

The legal basis for suing someone, made up of the facts that give you the right to a remedy.

A formal warning lodged on a property's title that you have an interest in it, which stops dealings until it's resolved.

Latin for "let the buyer beware" — the idea that buyers should check what they're buying before they commit.

Asking your bank to reverse a card payment when something went wrong with a purchase.

Your moveable personal belongings, like furniture, jewellery, cars and household items, as opposed to land or buildings.

Regular financial support paid by one parent to help cover the costs of raising their children after separation.

A short document that changes or adds to an existing will, instead of rewriting the whole thing.

A way of resolving separation issues where both partners and their lawyers agree to work out a settlement cooperatively and avoid going to court.

When a lawyer's duty to you clashes with their own interests or duties to someone else.

A judgment the court makes because both sides have agreed to it, often as part of a settlement.

A written agreement (about property or children) that a court approves so it becomes legally binding and enforceable.

Extra losses caused by a faulty product or service, beyond the cost of the item itself.

The 'something of value' each side gives in a deal — usually money, goods, services, or a promise — that makes a contract legally binding.

Automatic rights you get when you buy goods or services — like the right to a refund or repair if something is faulty.

A will that someone is disputing, either because they think it's invalid or because they want a bigger share of the estate.

An application to the court when someone has broken a parenting order without a good reason.

Everything each partner brought to the relationship—money, property, work, homemaking and parenting—which the court weighs up when dividing property.

A short window after signing certain agreements when you can cancel without penalty.

A court order about who pays the legal costs of a case, often the loser paying the winner.

A claim the defendant brings back against the person suing them, in the same case.

When the other side's lawyer questions a witness to test and challenge their evidence.

A sum of money a court orders one party to pay another to compensate for loss or harm.

Latin for "in fact" — a situation that exists in reality even if it isn't formally or legally recognised.

A genuine couple relationship between two people who live together but are not married. It carries many of the same legal rights as marriage.

Latin for "by law" — something that is officially or legally recognised, whether or not it matches reality.

The process of getting back money someone owes you, from a polite reminder all the way through to court action.

A court decision you can win automatically when the other side fails to respond to the claim in time.

The defendant's written response saying which parts of the claim they admit, deny or don't know about.

The person or business being sued, who has to respond to the claim against them.

The person who makes and swears an affidavit — in other words, the author of the sworn statement.

A gift of land or real estate (like a house) made in a will.

The stage where each side has to show the other the relevant documents they hold, even unhelpful ones.

The official court order that legally ends a marriage. Older terms like 'decree nisi' are no longer used in Australia.

Services must be carried out with the care and skill a competent professional would use.

A legal obligation to take reasonable care so your actions don't foreseeably harm others.

The legal obligation to honestly reveal all of your finances—income, assets, debts and resources—in a family law case.

Someone who is legally allowed to make a claim against a deceased estate, such as a spouse, child or sometimes a dependant.

A person you appoint to make lifestyle, health and medical decisions for you if you can't make them yourself.

A power of attorney that keeps working even if you later lose the ability to make decisions for yourself.

All the property, money and possessions a person owns when they die, together with their debts.

Organising your affairs, through a will and related documents, so your assets go where you want and your loved ones are looked after.

A legal rule that stops someone from going back on a promise or position when another person has reasonably relied on it.

Latin for "out of grace" — a payment made voluntarily, without admitting any legal obligation to pay.

When a court hears from only one side, usually in an urgent situation, without the other party present.

When a witness first gives their evidence, questioned by the side that called them.

The person named in a will who is responsible for carrying out its instructions after death.

A document or object formally accepted into evidence and given a label by the court.

A part of the contract that the parties actually stated out loud or in writing.

An extra promise a business makes about a product, on top of your automatic consumer rights.

Your state or territory's consumer protection office, which helps with everyday consumer disputes.

When a business makes a claim about a product or service that is untrue or creates a false impression.

A type of mediation that helps separated parents reach agreement about their children without going to court. It is usually required before filing parenting applications.

A court application by an eligible person who feels they were left out of a will, or not given enough, asking for a larger share of the estate.

A court order to protect a person from family or domestic violence. It is called different names in different states, such as AVO or intervention order.

A duty to act loyally and in someone else's best interests, putting their interests ahead of your own.

If you tell a seller what you need a product for, it must actually do that job.

A contract clause that excuses a party from performing when something extraordinary and beyond their control — like a natural disaster — gets in the way.

When something unexpected makes a contract impossible or radically different to perform — through no one's fault — the law can bring it to an end.

The things a court looks at about each partner's future situation—like age, health, income and care of children—to adjust a property split fairly.

Most gift cards must last at least three years, and businesses generally can't charge fees to use them.

Acting honestly and fairly toward the other party, rather than trying to trick or exploit them.

A promise to step in and pay or perform if the person who owes a debt or obligation fails to — the person who promises is the guarantor.

The person you name in your will to look after your young children if both parents die.

Evidence of what someone said outside court, used to prove that what they said was true.

A will written entirely by hand. In Australia it still usually needs two witnesses to be valid.

A promise that is part of a contract even though no one wrote it down or said it, because the law or common sense puts it there.

Latin for "in chamber" — a hearing held in private, with the public and press excluded.

A promise to cover someone else's loss or costs if a particular thing goes wrong.

A lawyer appointed by the court to represent a child's best interests in a parenting dispute. They do not take instructions from the child or the parents.

A document that doesn't meet all the usual signing and witnessing rules, but which a court may still accept as a valid will.

A court order telling someone to do something, or more often to stop doing something.

Latin for "among other things" — used to point out one or more items from a longer list.

A decision or application made along the way, before the case is finally decided.

Formal written questions one side must answer in writing, under oath, before trial.

Dying without a valid will. Your assets are then shared out using a fixed legal formula instead of your wishes.

When two or more people are each fully responsible for a debt or loss, so one of them can be made to pay the whole amount.

Whether a particular court actually has the power to hear and decide your type of case.

The legal test a court uses to decide whether dividing a couple's property is fair in all the circumstances.

When a gift in a will fails because the person meant to receive it died before the will-maker.

An arrangement to pay for goods in instalments and collect them once they're fully paid off.

A formal letter asking someone to pay money or fix a problem by a deadline, usually before you start court action.

A court grant appointing someone to manage the estate when there is no will (or no available executor).

Being legally responsible for something — such as a debt, a loss, or the consequences of your actions.

A right to use or benefit from an asset (often a house) for the rest of your life, after which it passes to someone else.

The deadline for starting a court case — wait too long and you usually lose the right to sue, even if you were in the right.

A set amount written into the contract that one party must pay if they break a specific promise, agreed in advance.

A serious problem with a product or service that entitles you to a refund or replacement — your choice, not the seller's.

A warranty is an optional promise from the maker; consumer guarantees are automatic legal rights that can't be taken away.

The official document proving a marriage took place. You usually need it when applying for a divorce.

A process where a neutral person helps separating partners talk through their disputes and try to reach agreement without going to court.

A small problem that can be fixed. The business gets to choose to repair, replace or refund.

When a business says or does something in trade that creates a false impression — even by accident — it can be against the law.

A false statement of fact made before a contract that helped persuade the other person to sign.

Failing to take reasonable care, causing harm or loss to someone you owed a duty to.

In Australia you do not have to prove anyone did anything wrong to get divorced. You only have to show the marriage has broken down irretrievably.

A court order declaring that a supposed marriage was never legally valid—different from a divorce, which ends a valid marriage.

The basic building blocks of a contract: one person makes a clear offer, and the other clearly says yes to it.

The legal authority and duties parents have to make major long-term decisions about their child, such as schooling, health and religion.

Legally binding orders made by a court about the care of children, including who they live with and spend time with.

A written agreement between parents about how they will care for their children after separation. It is not enforceable by a court.

The portion of legal costs a winning party can recover from the loser, which is usually less than their actual bill.

A contract term that tries to punish one side with an excessive charge for breaking the deal — and which courts often refuse to enforce.

Latin for "by itself" — describing something considered on its own, without reference to anything else.

A way of dividing a gift so that if a beneficiary has died, their children share the portion that parent would have received.

Deliberately lying under oath — for example, in an affidavit or in the witness box. It is a serious criminal offence.

The person or business who starts a court case by suing someone else.

The formal documents where each side sets out their version of the facts and what's in dispute.

A document letting someone you choose make financial or legal decisions for you. A general one ends if you lose mental capacity.

An earlier court decision that guides or binds how later, similar cases must be decided.

Latin for "at first sight" — something that appears to be true or proven unless further evidence disproves it.

Legal work a lawyer does for free, usually for people who can't afford to pay.

Latin for "in proportion" — splitting an amount fairly according to each person's share.

A court document confirming a will is valid and giving the executor authority to deal with the estate.

When a business removes an unsafe product from sale and asks customers to return or fix it.

Evidence that you bought something, which you may need to claim a refund or repair.

The process of dividing assets, debts and superannuation between a couple after they separate.

A claim for a fair payment for work you actually did, when there is no agreed price or no valid contract covering it.

A court order that requires a child to be returned to a parent or carer, for example after the child has been taken or kept without agreement.

When a parent wants to move with their child to a new area that would make it harder for the other parent to spend time with them.

What you're entitled to when a product or service fails: a repair, a replacement, or your money back.

Manufacturers must take reasonable steps to make sure repairs and spare parts are available for a reasonable time.

When one party makes clear — by words or actions — that they no longer intend to keep their side of the contract.

Cancelling a contract and putting both sides back to where they were before they signed it.

Everything left over in an estate after debts, taxes, expenses and specific gifts have been paid out.

The person who has to respond to an application made against them.

The agreement that engages a lawyer to act for you, and sometimes an upfront payment on account of costs.

Cancelling an existing will so it no longer has any legal effect.

A certificate from a family dispute resolution practitioner showing you tried mediation. You usually need it before applying to court about children.

Money a plaintiff may be ordered to set aside up front, to cover the defendant's costs if the plaintiff loses.

Someone who runs their own court or tribunal case without a lawyer.

The point at which one or both partners decide the relationship is over and act on that decision. You do not have to file anything to be separated.

When a couple has separated but continues to live in the same house, often for financial or practical reasons.

An agreement between the parties to resolve the dispute themselves, so it doesn't go to a final hearing.

Two kinds of Australian lawyer: solicitors handle your case day to day, barristers specialise in court advocacy.

A particular item or sum of money left to a named person in a will, such as 'my car' or '$10,000 to my sister'.

A court order forcing someone to actually do what they promised in the contract, instead of just paying compensation.

Financial support one partner may have to pay the other after separation if that person cannot adequately support themselves. Australia does not use the term 'alimony'.

Whether you're the right person, with enough of a stake, to bring a particular case.

The formal court document that starts a lawsuit and sets out what you're claiming and why.

Latin for "the state in which" — the current situation as it stands before any change.

A written statement you declare to be true, signed in front of an authorised witness — like an affidavit, but used outside of court.

A court order that pauses or halts a case, either temporarily or permanently.

Latin for "under a judge" — a matter still being decided by a court, which shouldn't be publicly prejudged.

A court order forcing someone to give evidence or hand over documents.

An official court document telling you to come to court or to start a particular kind of case.

The money paid out from your superannuation account (often including life insurance) after you die.

Dividing one or both partners' superannuation as part of a property settlement after separation.

How jointly owned property passes when one owner dies. With joint tenancy it goes automatically to the other owner; with tenancy in common it passes under the will.

The rules and promises that make up a contract — what each side must do, and what happens if something goes wrong.

Being mentally capable of understanding what a will is and what you own, so that the will you make is legally valid.

A trust created by your will that holds part of your estate for beneficiaries, often to protect assets or manage money for children.

The person who makes a will. A woman who makes a will is traditionally called a 'testatrix', though 'will-maker' is now common for everyone.

A civil wrong (other than breaking a contract) that causes harm and lets the injured person claim compensation.

A less formal, lower-cost forum that resolves many everyday disputes instead of a court.

An arrangement where one person holds and manages assets on behalf of, and for the benefit of, others.

The person or company who holds and manages assets in a trust for the benefit of someone else.

Latin for "beyond the powers" — an act done outside the legal authority someone actually has.

Behaviour by one party that is so unfair or harsh — usually exploiting someone's weakness — that the law steps in to undo or stop it.

When a business exploits a customer so harshly and unfairly that it goes against good conscience.

A clause in a standard form contract that unfairly tips the balance toward the business can be struck out.

A deal made when a seller approaches you uninvited, such as at your door or by cold call.

An agreement that the law treats as never having been a valid contract at all, so neither side can enforce it.

A contract that is valid for now, but which one side has the right to cancel because of something unfair in how it was made.

A promise about the quality or features of something — and, in everyday use, a maker's pledge to repair or replace faulty goods.

A label on settlement discussions meaning the offers cannot be used as evidence against you in court if the matter does not settle.

A person who gives evidence to the court about what they saw, heard or know.

One of the two people who watch you sign your will and then sign it themselves to confirm it's genuine.