Browse All Legal Terms

In a civil case in the Court of Appeal, if an applicant is supposed to do something by a certain time but does not, the Court can say the applicant has abandoned their case and may…

Terminate a trial before it is completed.

Where the time to do something is shortened by the court.

A person charged with committing a crime. Other words for the accused are 'defendant' and 'alleged offender'.

When the magistrate, jury or appeal court find that a person is not guilty of the crime.

A bill that has become law after passing through required legislative steps.

To transfer a case before the Court to another date or time.

A break for morning tea, lunch or for legal argument. It can also mean the court has decided to set a new date for the matter to be continued.

The body of law that regulates the legality of decisions and other actions of government bodies and officials.

Describes evidence that is allowed to be given in court. Not all evidence is admissible.

Legal testimonial, documentary or tangible evidence that may be presented in court.

This means the prosecution lawyers and the defence lawyers will argue about the facts, witnesses, evidence and legal issues.

A statement that is signed and agreed to in the presence of an authorised witness, such as a justice of the peace. The person signing the legal document states that the contents ar…

An affidavit setting out how a legal document has been served on (given to) a party.

A promise to tell the truth (usually in a courtroom) without using a religious book.

The person in need of protection and for whose benefit a domestic violence order is made.

A set of specific information agreed by the defence and the prosecution, regarding the charges that are brought before the court. Usually presented after a plea of guilty.

An accused person's defence or explanation that they did not commit the alleged offence, because they were elsewhere or with somebody else.

Something that is said but has to be proved, or is yet to be proved.

The circumstances of the offence proposed by the prosecution.

Until a person is proved to be guilty of a crime, they are called an 'alleged offender', the 'accused' or the 'defendant'.

A person claiming to be a victim of a crime.

A back-up charge in addition to the main charge against the accused. For example, a murder charge accompanied by an alternative charge of manslaughter.

A type of Indigenous land use agreement.

A solicitor, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it.

A person's criminal record and background.

Records of previous criminal offences, usually with details of conviction, penalties and appeals.

When a case is taken to a higher court to challenge a decision.

All documents that the Court needs to consider which are relevant to an appeal. A Registrar decides what documents should be included at an appointment to settle the index to the a…

To be present in court.

To be present in court, but in the place of the law firm representing one of the parties.

A person who appeals against a decision of a court.

The power given to a court to hear appeals in certain matters.

The individual, organisation or corporation who applies to the Court to start legal proceedings against another person or persons. Also known as 'plaintiff' in admiralty and corpor…

The document that starts most proceedings in the Federal Court. Also used as a broad term for what the applicant is doing — making an application.

'Leave' is permission to do something. For example, if a person has left it too late to appeal, it may be possible to ask the Court for permission to appeal anyway via an applicati…

Where the details of the charge (called an indictment) are read out to the accused in court.

When the police take someone into custody to charge them with a crime, or to take them to court.

A person admitted to the legal profession in an Australian jurisdiction. See also solicitor and barrister.

An order that has been verified by the court as being genuine and undisputed.

A judgment in another case or legislation that is relied upon to support a legal argument.

When a prisoner is released, but signs an agreement to abide by certain conditions, such as attending court hearings as directed. Other conditions may include not going near or con…

When something must be more likely to have happened than not to have happened.

A long table near the front of the courtroom where the defence and prosecution lawyers sit.

A senior lawyer who is usually involved in trials, and often has specialist knowledge.

The elevated seat at the front of the court where the judge or magistrate sits.

An arrest warrant ordered by the court.

The test used by a jury, judge or magistrate to decide if someone is guilty or not guilty of a criminal offence. It must be proved beyond reasonable doubt that someone committed a …

Usually, when a party loses a case, they will be ordered to pay the successful party's legal costs. To have the amount quantified, the successful party drafts a bill of costs setti…

When someone doesn't do what a court order has stated, they are in breach of that order. For example, they 'breach' bail if they do not abide by the relevant conditions.

The documents given to a barrister to prepare for a case.

The obligation to prove what is alleged. In criminal cases, the prosecution has the burden of proving the accused's guilt beyond reasonable doubt.

Where there are several proceedings requiring the allocation of hearing dates/times, the court conducts a callover — a relatively brief process conducted in a courtroom — to obtain…

A meeting between the prosecution and defence lawyers, sometimes with a judge, to discuss the issues in a case and try to resolve them.

A technical term used to classify proceedings commenced with the Court. There are sixteen main causes of action and five supplementary causes of action.

A type of judicial review where the court cancels the legal effect of a decision or action.

A formal accusation that a person has committed a criminal offence.

A court case where a person or organisation sues another for compensation or for some other court order. This is different from a criminal case, where the police bring criminal cha…

A hearing in the Magistrates Court to decide whether there is enough evidence to send a case to a higher court for trial.

An application made by Indigenous Australians seeking compensation for loss or impairment of their native title.

To agree to or approve something.

Orders made by the Court with the agreement of all parties to the proceedings.

Disobeying a court order or doing something that shows disrespect for the authority of the court or a judge. Penalties may consist of fines, imprisonment or both.

Behaviour that disrespects or disobeys the authority of the court. It can include disobeying a court order or disrupting court proceedings.

A finding of guilt by a court.

Evidence that supports or confirms other evidence already given.

The fees and expenses involved in taking a matter to court.

An order by the court that one party pay the legal costs of another party.

A barrister or solicitor who represents a party in court.

A clearly-labelled folder with copies of the documents that the parties will rely on during the hearing.

The questioning of a witness by the opposing party's lawyer after the witness has given their evidence in chief.

Money awarded by a court to compensate a person for loss or injury.

A person who has been charged with a criminal offence. In civil cases, the person against whom a claim is made.

A written record of evidence given by a witness.

A court hearing where the judge gives instructions about how the case is to proceed.

The process by which the prosecution provides the defence with copies of all relevant evidence.

The process by which the parties involved in a legal proceeding must inform each other of documents they have in their possession which relate to the matters in dispute.

When a court decides not to proceed with a case.

A system by which each case is allocated to a particular judge who will then see the case through to completion. In the Federal Court this is called the Individual Docket System (I…

Information presented in court to prove or disprove facts in a case. Evidence can be oral (spoken), documentary (written) or physical (objects).

A document or object produced in court as evidence.

A person with specialist knowledge or skills who gives evidence in court about matters within their area of expertise.

The process of the Court accepting a document or documents lodged by a party to a proceeding.

A decision made by a court or tribunal.

When an accused person admits to the charges against them.

Evidence of a statement made outside court that is offered to prove the truth of the matter stated. Hearsay evidence is generally not admissible.

A serious criminal offence that is usually tried before a judge and jury in a higher court.

A formal written accusation charging a person with a serious criminal offence, used in trials before a judge and jury.

The police officer or person who lays a charge against an accused.

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

An application made during proceedings for dealing with a specific issue — usually between the filing of the application and the final hearing. May be for interim relief such as an…

The final decision of a court.

A process by which a court reviews the lawfulness of a decision or action made by a public body.

The authority of a court to hear and decide a case.

A group of citizens (usually 12) selected to hear evidence in a trial and decide whether the accused is guilty or not guilty.

A person appointed by the government to witness the signing of legal documents and perform other official functions.

Permission granted by a court to allow a party to appeal a decision.

Government-funded legal assistance provided to people who cannot afford a lawyer.

A judicial officer who presides over the Magistrates Court and deals with less serious criminal matters and some civil matters.

A court order requiring a public body or official to perform a duty they are legally obliged to perform.

A process in which an impartial third party (the mediator) assists the parties in an attempt to bring about an agreed settlement or compromise, without requiring a decision of the …

A brief court appearance where the parties advise the court of the progress of the case.

Factors that reduce the seriousness of an offence or the appropriate penalty.

The recognition by Australian law of the rights and interests of Aboriginal and Torres Strait Islander peoples in land and waters according to their traditional laws and customs.

A formal notice by the prosecution that it will not proceed with a charge or case.

When an accused person denies the charges against them, requiring the prosecution to prove the case.

A document filed by a party to an existing proceeding which asks the Court to make orders that were not included in the original application.

A solemn promise to tell the truth, usually made on a religious book.

An act or omission that is prohibited by law and for which a penalty may be imposed.

The authority or legal power of the Court to hear a case in the first instance.

People involved in a court case. Applicants, appellants, respondents and defendants are generally called 'parties'.

The punishment imposed by a court on a person found guilty of an offence.

The criminal offence of making a false statement under oath or affirmation in a judicial proceeding.

The person who brings a civil action against another person (the defendant).

The accused's formal response to a criminal charge — either guilty or not guilty.

A court order requiring an offender to be supervised in the community for a specified period instead of being imprisoned.

The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the judgment.

A court order preventing a lower court or tribunal from exceeding its jurisdiction.

The process of bringing a criminal charge against a person. Also refers to the lawyers who present the case on behalf of the state.

The written explanation by a judge of the legal and factual basis for their decision.

A bond or obligation entered into before a court, by which a person undertakes to do a specific act, such as appear in court or keep the peace.

A court officer who performs administrative and some judicial functions, such as taxing costs and settling the index to appeal papers.

When a court adjourns a case and the accused is either held in custody or released on bail until the next court date.

A judgment that is not delivered immediately at the end of a hearing, but is delivered at a later date after the judge has had time to consider the evidence and submissions.

The party against whom an appeal or application is made.

An order by a court requiring an offender to return property or pay compensation to a victim.

A party to a proceeding who does not have legal representation and who is conducting the proceeding on their own behalf.

The punishment given to a person who has been found guilty of a criminal offence.

A lawyer who provides legal advice and prepares legal documents. Solicitors may also appear in court.

A court order halting legal proceedings, either temporarily or permanently.

A court order requiring a person to appear in court or to produce documents.

A less serious criminal offence that is dealt with in the Magistrates Court without a jury.

A document issued by a court requiring a person to appear before the court.

A sentence of imprisonment that is not immediately served, but may be activated if the offender commits another offence.

The process of having the amount of legal costs assessed and determined by the Court.

A written record of everything said during a court hearing.

A promise made to the court, breach of which may be treated as contempt of court.

The decision of a jury or judge as to whether the accused is guilty or not guilty.

A hearing within a trial, held in the absence of the jury, to determine the admissibility of evidence.

A document issued by a court authorising police to arrest a person, search premises or seize property.

A person who gives evidence in court.