Legal Dictionary

Lawyers speak a language of their own. We translate it. Search 191+ legal terms, explained in plain English with real-world examples — so you understand exactly what your paperwork means.

C

Cause of Action

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

Caveat (On Title)

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

Caveat Emptor

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

Chargeback

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

Chattels

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

Child Support

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

Codicil

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

Collaborative Law

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

Conflict of Interest

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

Consent Judgment

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

Consent Orders

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

Consequential Loss

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

Consideration

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

Consumer Guarantee

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

Contested Will

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

Contravention Application

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

Contributions

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

Cooling-Off Period

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

Costs Order

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

Counterclaim

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

Cross-Examination

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

D

Damages

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

De Facto

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

De Facto Relationship

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

De Jure

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

Debt Recovery

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

Default Judgment

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

Defence

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

Defendant

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

Deponent

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

Devise

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

Discovery

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

Divorce Order

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

Due Care And Skill

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

Duty Of Care

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

Duty Of Disclosure

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

E

Eligible Person

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

Enduring Guardian

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

Enduring Power Of Attorney

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

Estate

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

Estate Planning

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

Estoppel

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

Ex Gratia

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

Ex Parte

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

Examination-in-Chief

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

Executor

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

Exhibit

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

Express Term

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

Express Warranty

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

F

Fair Trading

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

False Or Misleading Representation

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

Family Dispute Resolution (FDR)

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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.

Family Provision Claim

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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.

Family Violence Order

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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.

Fiduciary Duty

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

Fit For Purpose

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

Force Majeure

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

Frustration of Contract

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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.

Future Needs

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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.

P

Parental Responsibility

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

Parenting Orders

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

Parenting Plan

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

Party-Party Costs

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

Penalty Clause

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

Per Se

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

Per Stirpes

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

Perjury

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

Plaintiff

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

Pleadings

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

Power Of Attorney

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

Precedent

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

Prima Facie

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

Pro Bono

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

Pro Rata

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

Probate

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

Product Recall

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

Proof Of Purchase

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

Property Settlement

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

S

Section 60I Certificate

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

Security for Costs

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

Self-Represented Litigant

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

Separation

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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.

Separation Under One Roof

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

Settlement

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

Solicitor vs Barrister

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

Specific Gift

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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'.

Specific Performance

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

Spousal Maintenance

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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'.

Standing

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

Statement of Claim

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

Status Quo

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

Statutory Declaration

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

Stay of Proceedings

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

Sub Judice

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

Subpoena

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

Summons

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

Superannuation Death Benefit

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

Superannuation Splitting

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

Survivorship

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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.

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