Glossary of Legal Terms

Sections:

General Legal Terms
Litigation
Insolvency
Wills & Estates
Family Law
Property Law
Commercial & Business Law
Employment Law
Owners Corporation Law
Migration Law
Types of Courts & Jurisdictions
Additional Resources
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General Legal Terms

These terms are used across many different areas of law, including legal advice, documents, negotiations and dispute resolution. Some also commonly appear in court and tribunal proceedings.

Affidavit
A written statement of facts sworn or affirmed to be true and used as evidence.

Applicant
The person or organisation that starts a court or tribunal proceeding.

Conflict of Interest
A situation where competing interests or duties may affect independent professional judgment.

Costs
The legal fees and expenses incurred in dealing with a legal matter or proceeding.

Deed
A formal legal document that creates, records or confirms binding obligations.

Disclosure
The process of providing relevant information or documents to another party.

Legal Professional Privilege
Protection that keeps certain confidential communications between a client and their lawyer from disclosure.

Respondent
The person or organisation required to respond to a court or tribunal proceeding.

Settlement
An agreement that resolves a dispute without requiring a final court decision.

Subpoena
A court-issued document requiring a person to give evidence or produce documents.

Undertaking
A formal promise to another party, to do something specific, or to refrain from doing it.

Without Prejudice
A label indicating that genuine settlement discussions are generally protected from being used as evidence.

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Litigation

These terms are commonly used when disputes are assessed, negotiated, settled or taken to court. They appear in correspondence, court documents, settlement negotiations and procedural steps throughout a matter.

Alternative Dispute Resolution (ADR)
Processes used to resolve disputes outside a final court hearing, including mediation and arbitration.

Calderbank Offer
Derived from the case Calderbank v Calderbank [1975] All ER 333, this is a written settlement offer that cannot be used in court as evidence, but may affect later court decisions about legal costs.

Cause of Action
The legal basis on which a person or organisation brings a claim against another party.

Discovery
The process of identifying and exchanging documents relevant to issues in a legal proceeding.

Injunction
A court order requiring a person to do, or stop doing, something.

Interlocutory Application
An application for temporary or procedural orders before a matter is finally resolved.

Letter of Demand
A formal written demand seeking payment or another remedy before further legal action is taken.

Limitation Period
The legal time limit for starting a claim or court proceeding.

Pleadings
Formal court documents setting out the claims, defences and key facts relied upon by each party.

Release
An agreement giving up certain legal claims or rights, often as part of a settlement.

Settlement Deed
A formal binding document recording the terms agreed to resolve a dispute.

Settlement Offer
A proposal to resolve a dispute without requiring a final court decision.

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Insolvency

These terms relate to when companies, directors, creditors and individuals are experiencing financial distress. They appear in restructuring, debt recovery, formal insolvency appointments and related legal proceedings.

Bankruptcy
A formal legal process for dealing with an individual who cannot pay their debts.

Bankruptcy Notice
A formal notice requiring payment of a judgment debt and potentially leading to bankruptcy proceedings.

Deed of Company Arrangement (DOCA)
A binding agreement setting out how a company’s affairs and debts will be dealt with.

Director Penalty Notice (DPN)
An ATO notice that can make directors personally liable for certain unpaid company tax and superannuation obligations.

Insolvent Trading
When a company incurs debts while unable to pay them as they become due.

Liquidation
The process of winding up a company, selling assets and distributing available funds to creditors.

Proof of Debt
A formal claim submitted by a creditor in an insolvency process.

Receivership
A process where a receiver takes control of assets, usually to recover money for a secured creditor.

Statutory Demand
A formal demand requiring a company to pay or secure a debt within the required period.

Unfair Preference
A payment giving one creditor an advantage over others shortly before a company becomes insolvent.

Voluntary Administration
A process where an administrator assesses an insolvent company’s future and possible restructuring options.

Winding Up
The formal process of ending a company’s operations and dealing with its remaining assets and liabilities.

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Wills & Estates

These terms are often used when planning estates, preparing wills and powers of attorney, and administering a deceased person’s affairs. They also appear in probate applications, estate disputes and claims against an estate.

Beneficiary
A person or organisation entitled to receive assets or benefits under a will, trust or estate.

Contesting a Will
Challenging a will or seeking further provision from an estate through a legal claim.

Enduring Power of Attorney (EPOA)
A document appointing someone to make financial or personal decisions if the appointor loses decision-making capacity.

Executor
The person appointed in a will to carry out its instructions and administer the estate.

Family Provision Claim
A claim by an eligible person seeking further provision from a deceased estate.

Intestate
Dying without a valid will, so the estate is distributed under intestacy laws.

Letters of Administration
Court authority allowing an administrator to manage an estate where the deceased did not leave a will, or if there was a will, no executor is available or willing to act.

Probate
The court process confirming a will and authorising the executor to administer the estate.

Testamentary Capacity
The mental capacity required for a person to make or change a valid will.

Testamentary Trust
A trust created by a will to hold and manage assets for beneficiaries after death.

Testator
The person who makes and signs a will.

Will
A legal document recording how a person wants their estate dealt with after death.

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Family Law

These terms are frequently used when advising on relationships, separation, parenting arrangements and the division of property and finances. They appear in negotiations, agreements, court orders and dispute resolution processes throughout a family law matter.

Binding Financial Agreement (BFA)
A private agreement setting out how property, finances or maintenance will be dealt with between parties.

Child Support

Payments or arrangements between separated/divocred parents to help cover the costs of raising their children.

Consent Orders
Court orders made with the agreement of the parties and legally binding once approved.

De Facto Relationship
A relationship recognised by law where two people live together as a couple without being married.

Divorce
The legal process that formally ends a marriage.

Family Dispute Resolution (FDR)
A process where an independent practitioner helps parties resolve parenting or other family law disputes.

Financial Disclosure
The process of providing relevant financial information and documents to the other party.

Parenting Order
A court order setting out arrangements for a child’s care, living arrangements or time with parents.

Parenting Plan
A written agreement between parents about the care and living arrangements of their children.

Property Settlement
The process of dividing assets, liabilities and financial interests after a relationship ends. This can also include splitting Superannuation interests.

Separation
The ending of a marriage or de facto relationship, whether or not the parties live apart.

Spousal Maintenance
Financial support paid by one former partner to another who cannot adequately support themselves.

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Property Law

These terms are commonly used in property sales, purchases, leasing and matters involving interests in land. They appear in contracts, title documents, disclosure statements and the transfer of property ownership.

Adjustment of Outgoings
The calculation and apportionment of property expenses between buyer and seller at settlement.

Caveat
A notice recorded on title to protect a claimed interest in land and restrict certain dealings.

Caveatable Interest
A legal or equitable interest in land that may support the lodging of a caveat.

Contract of Sale
The agreement setting out the terms and conditions for buying and selling property.

Conveyancing
The legal process of transferring property ownership from one party to another.

Easement
A legal right to use another person’s land for a specific purpose, but not to take ownership.

Encumbrance
A legal right, interest or restriction affecting the ownership, use or transfer of property.

Make Good
A tenant’s obligation to restore leased premises at the end of a lease.

Restrictive Covenant
A restriction registered on title that limits how land may be used or developed.

Section 32 Statement (Vendor's Statement)
A disclosure document which a Victorian seller must provide before a buyer signs a property contract.

Title Search
A search of land records to confirm ownership and identify registered interests or restrictions affecting property.

Transfer of Land
The document and registration process used to change legal ownership of land.

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Commercial Law & Business Law

These terms refer to structuring, operating, buying and selling businesses. They appear in commercial contracts, transactions, negotiations and advice about business ownership and obligations.

Commercial Law often relates to transactions and complex planning, and Business Law often relates to the legal terms used in the day-to-day operations of a company, but in most cases the term “Commercial Law” covers both areas.

Asset Sale
A transaction where selected business assets are sold without transferring ownership of the company.

Business Sale Agreement
The contract setting out the terms for buying or selling a business.

Directors' Duties
Legal obligations directors owe when managing a company and making decisions on its behalf.

Due Diligence
The review of legal, financial and operational information before a major transaction or investment.

Heads of Agreement
A document recording key commercial terms before the parties enter a more detailed agreement.

Mergers and Acquisitions (M&A)
Transactions involving the purchase, sale, merger or combination of businesses or companies.

Restraint of Trade
A clause limiting certain competitive activities after employment, business ownership or a sale ends.

Services Agreement
A contract setting out the terms on which one party provides services to another.

Share Sale
A transaction where ownership of a company changes through the sale of its shares.

Shareholders' Agreement
An agreement governing the rights, responsibilities and relationships between a company’s shareholders.

Supply Agreement
A contract setting out the terms for supplying goods or products between parties.

Unfair Contract Terms
One-sided contract terms that may cause significant imbalance and be prohibited or unenforceable under Australian law.

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Employment Law

These terms are normally used when managing employment relationships, workplace issues and the ending of employment. They appear in contracts, workplace policies, negotiations, investigations, disputes and Fair Work processes.

Adverse Action
Action taken against someone for an unlawful reason connected with a workplace right or protected attribute.

Deed of Release
A formal agreement resolving an employment dispute and releasing specified legal claims.

Employment Contract
An agreement setting out the terms and conditions of an employment relationship.

Enterprise Agreement
A registered agreement setting employment conditions for employees within a particular business or organisation.

General Protections
Workplace laws protecting people from adverse action for exercising rights or possessing protected attributes.

Modern Award
A legal instrument setting minimum pay and employment conditions for particular industries or occupations.

National Employment Standards (NES)
Minimum employment entitlements applying to most employees under Australia’s national workplace relations system.

Performance Management
A structured process for addressing an employee’s performance, conduct or ability to meet workplace expectations.

Redundancy
The ending of employment because a role is no longer required to be performed.

Unfair Dismissal
A dismissal that is harsh, unjust or unreasonable under Australian workplace law.

Workplace Investigation
A formal process for examining allegations, complaints or misconduct within a workplace.

Workplace Mediation
A facilitated process used to help resolve workplace disputes between employees, managers or employers.

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Owners Corporation Law

These terms are commonly used in managing, maintaining and regulating properties with shared ownership. They appear in plans, rules, notices, fees, meetings and owner’s corporation disputes.

Breach Notice
A formal notice alleging a breach of owners corporation rules and requiring action to address it.

Common Property
Areas and facilities shared by lot owners and managed by the owners corporation.

Lot
A separately owned part of a property shown on a registered plan of subdivision.

Lot Entitlement
A lot owner’s share of common property and voting rights within the owners corporation.

Lot Liability
The proportion of owners corporation fees and expenses payable by each lot owner.

Maintenance Fund
Money set aside for major repairs, maintenance and replacement of common property.

Owners Corporation Fees
Amounts paid by lot owners to fund management, maintenance, insurance and other shared expenses.

Owners Corporation Rules
Rules governing the use of lots, common property and behaviour within the property.

Plan of Subdivision
The registered plan defining individual lots, common property and boundaries within a property.

Special Levy
An additional fee charged to lot owners for significant or unexpected owners corporation expenses.

Special Resolution
A resolution requiring a higher level of member approval for certain significant decisions.

VCAT Application
An application to VCAT to resolve an owners corporation dispute or enforce legal obligations.

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Migration

These terms refer to Australian visa applications, employer sponsorships, skilled migration and reviews of migration decisions. They relate to both visa applications that individuals make and those that employers may make on someone’s behalf. The terms appear in applications, nominations, supporting documents, visa conditions and review proceedings.

Administrative Review Tribunal (ART) Review
A review of certain migration decisions, including some visa refusals and cancellations, by the Administrative Review Tribunal.

Bridging Visa
A temporary visa allowing a person to remain lawfully in Australia while another immigration matter is resolved.

Employer Sponsorship
The process by which an approved employer supports an overseas worker for an eligible Australian visa.

Expression of Interest (EOI)
An online submission through SkillSelect indicating interest in being invited to apply for a skilled visa.

Labour Market Testing
A process requiring employers to test the Australian labour market before nominating certain overseas workers.

Points Test
A system awarding points for factors used to assess eligibility for certain skilled migration visas.

Skilled Nominated Visa (subclass 190)
A permanent skilled visa for eligible applicants nominated by an Australian state or territory government.

Skills Assessment
An independent assessment of an applicant’s skills and qualifications for a nominated occupation.

Skills in Demand Visa (subclass 482)
A temporary visa allowing employers to sponsor skilled overseas workers for nominated positions in Australia.

Visa Cancellation
The formal ending of a visa after it has been granted because relevant legal requirements are no longer met.

Visa Conditions
Requirements attached to a visa that govern what the holder must or must not do in Australia.

Visa Refusal
A decision by Home Affairs not to grant a visa application. Our Migration Lawyers can help to dispute (overturn) these refusals.

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Types of Courts & Jurisdictions

What is a court or jurisdiction?
A court is the legal institution that hears cases, while its jurisdiction defines the types of matters it can decide. A courthouse is simply the physical location, and different courts may operate from the same building (courthouse) or across multiple locations.

Aitken Partners has been working with clients for over 100 years, and our expert lawyers will clearly explain and walk you through what to expect, in the event that your matter requires a court appearance.

Victoria

Magistrates’ Court of Victoria
County Court of Victoria
Supreme Court of Victoria
Victorian Civil and Administrative Tribunal (VCAT)
Coroners Court of Victoria 

Queensland

Magistrates Court of Queensland
District Court of Queensland
Supreme Court of Queensland
Queensland Civil and Administrative Tribunal (QCAT)

Federal

Federal Court of Australia
Federal Circuit and Family Court of Australia (FCFCOA)
Fair Work Commission (FWC)
Administrative Review Tribunal (ART)
High Court of Australia

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Additional Resources

Victoria
The Law Handbook (Victoria) https://www.thelawhandbook.org.au/
Victorian Legislation https://www.legislation.vic.gov.au/
Victorian Courts and Tribunals https://courts.vic.gov.au/court-system/victorian-courts-and-tribunals

Queensland
Queensland Law Handbook https://queenslandlawhandbook.org.au/
Queensland Legislation https://www.legislation.qld.gov.au/
Queensland Courts Information. https://www.courts.qld.gov.au/

Federal and Australia-wide
Federal Register of Legislation https://www.legislation.gov.au/
AustLII Legislation Database https://www.austlii.edu.au/
Federal Court of Australia Information https://www.fedcourt.gov.au/

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