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 does not represent clients.

Chattel
Usually in reference to common property. Something such as furniture that is not fixed to the land or 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 are not 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 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 have 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 diagnosis and resulting in injury or harm to the patient.

Dependency damages
When dependants, such as a child, of someone who has died are eligible to claim damages.

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 resulting from 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 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 make a claim on your policy.

Express terms
Terms that are explicitly agreed.

F

Failure to warn
Not being informed by a doctor or other health practitioner about the relevant risks of a proposed medical treatment, such as surgery.

Financial Hardship
When someone is experiencing difficulty paying back loans.

Freedom of Association
A person’s right to join an association or union.

Future of Financial Advice (FoFA)
Reforms designed to bring clarity to how financial advice is given, the fees charged, and to ensure that financial advisers act in their clients’ best interests.

G

Gardening leave
When an employee resigns from 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. 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.

Implied terms
Terms that are not explicitly stated but may be inferred by 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 procedures, risks and possible complications 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 or 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 does not 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 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 or Questioning, Intersex, Asexual. There are variations of this initialism and it 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 cancer.

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 or 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.

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 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 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 scarring 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 made by the defendant to the plaintiff.

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 or division of government.

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 third party.

Sexual Harassment
Illegal behaviour in which someone subjects a person to unwelcome sexual conduct, advances or requests where they feel offended, humiliated or intimidated.

Silicosis
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 individuals and businesses have a responsibility to ensure the welfare of society.

Solicitor
A lawyer. Someone who provides legal advice.

Special Counsel
An experienced or senior lawyer.

Special damages
Items or money lost that have an exact cost associated.

Statement of Wishes
A morally but not legally binding confidential document expressing your views and wishes regarding the administration of your estate.

Strata
A strata building is a block of apartments, units or a subdivision governed by an owners corporation. A strata title is a type of ownership for a lot 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 are required in court.

Superannuation
An employee benefit. A regular payment set aside for retirement.

T

TAC
The Transport Accident Commission.

Tenancy
An agreement where a person pays rent to live in another person’s property.

The National Redress Scheme
A program set up to provide 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.

Tort
An act that causes harm to someone.

TPD
Total and Permanent Disability.

Trust
An arrangement where one person or entity holds ownership of assets on behalf of 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
Something that is null and not enforceable by law.

W

Waive
To agree to surrender a right.

Waiver
An agreement not to pursue legal action.

Warrant
An order that gives police the authority to take an action.

Whistleblower
A current or former employee who reports illegal or unethical acts.

Will
The legal document that determines how your estate is distributed after death.

Without prejudice
A legal privilege where anything said during negotiations is inadmissible in court.

Witness
Someone who has information relevant to a case.

WorkCover
A type of insurance that pays compensation when a worker is injured in the workplace.

Writ
A document issued by a court ordering someone to do something or stop doing something.

X

X-ray
In regard to medical treatment. A simple examination that photographs the body and produces images of internal structures.