Eliza Legal Glossary
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Legal jargon can be overwhelming, especially when navigating family law matters. Our glossary of key legal terms is designed to help you better understand the language used in your case, so you can feel more informed and confident throughout the process.
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A
Address for service
The designated address in Australia where documents may be delivered in person, by mail, or through electronic communication to the involved party in a legal case.
Adjourn
To postpone or defer a court event to another day.
Admissible evidence
Evidence that the court has deemed as acceptable.
Affidavit
A written statement of facts submitted to the court by a party or witness, which must be sworn or affirmed before an authorised official, such as a lawyer or Justice of the Peace.
Affirm
Instead of a religious oath, an affirmation is made to solemnly promise to tell the truth in court or in an affidavit.
Agent
A person authorised to act on behalf of another person, with that person's consent.
Allegation
A statement made by one party in a case stating that another party has acted, or failed to act, in a certain way, which must then be proven in court.
Annexure
Documents which support your case and are attached to an Affidavit.
Appeal
When a party challenges a decision that the court has made.
Appearance
When a party or their lawyer goes to court for a case.
Applicant
The person who makes an application to the court for Orders to be made.
B
Barrister
A barrister is a lawyer with a current practising certificate who primarily represents clients in court. They work closely with solicitors and have limited direct co
Bench
This refers to the seat of the judge, registrar, or magistrate. It can also be used to describe the judicial officer, as in "a decision by the Bench."
Binding financial agreement
A Binding Financial Agreement (BFA) is a private contract between separating parties that outlines how assets and liabilities will be divided.
C
Call over
The first or subsequent time a case is heard at court. Also referred to as a “mention”.
Certified copy
A verified copy of an original document, certified as true and accurate by an authorised official, such as a solicitor or justice of the peace.
Child support
Payment usually paid by one parent to the other, for the financial support of children after a separation.
Chronology
A list of events and the date they took place, listed from the first to the most recent event.
Collaborative law
A dispute resolution process where clients and their lawyers sign a Participation Agreement to negotiate a resolution without resorting to litigation.
Conciliation conference
A mediation type conference held at the court and run by a Registrar to find opportunities to look for areas of agreement in relation to financial issues.
Consent order
Consent Orders are legally binding agreements that both parties in a separation submit to the Federal Circuit and Family Court of Australia (FCFCOA) for approval. They cover property division, financial matters, and even parenting arrangements if needed.
Consent with admissions
Agreeing to an Intervention Order being made against you and agreeing to the facts outlined in the application.
Consent without admissions
Agreeing to an Intervention Order being made against you but not agreeing to the facts outlined in the application.
Contravention
The act of doing something that a law or rule does not allow.
Conveyance
To transfer a property from one owner to another.
Costs orders
A court order requiring one party to cover all or part of another party’s legal costs.
Counsel
See Barrister.
Court fees
Fees for filing, scheduling, hearings, mediation, bill taxation, and other related services.
D
De facto
De facto is a relationship between two individuals who live together on a genuine domestic basis but are not married to each other.
Deponent
A person who gives written evidence in an affidavit.
Discretion
The authority of a judicial officer to make decisions based on the specifics of a case. Family law operates within a discretionary jurisdiction, meaning that judicial officers are not required to follow prescribed outcomes dictated by legislation or prior court rulings.
Divorce order
An order made by the court to end the marriage. The divorce order takes effect one month and one day after the divorce is granted.
Duty of financial disclosure
The requirement of each party to provide the court with full disclosure of their financial situation.
E
Emotional abuse
Emotional abuse extends beyond physical abuse to include non-physical forms of abuse, such as emotional manipulation, psychological pressure, and financial control.
Enforcement order
An order made by a court to force a party or person to comply with an order.
Evidence
Verbal or written statements of witnesses, documents and other items used to support a party’s case in court.
Ex parte hearing
The term “ex parte,” meaning "from one party" in Latin, and refers to situations where a judge communicates with only one side in a legal matter. These hearings usually only apply to urgent matters.
Exhibit
Documents or objects that are excepted by the court as evidence to support a case.
F
Family consultant
A psychologist or social worker specialising in child and family issues that arise after separation.
Family counselling
Counselling for couples and their children to address relationship issues and challenges stemming from separation.
Family dispute resolution
A process where a family dispute resolution practitioner helps parties resolve some or all disputes following separation.
Family Law Act 1975 (‘the Act’)
The law in Australia which covers family law matters.
Family law registry
A public area at a Federal Circuit and Family Court of Australia where people can obtain information about the court and its processes and where parties file documents in relation to their case.
Family law watch list
A list held by the Australian Federal Police to stop a person taking a child out of Australia. Also known as the “Airport Watch List”.
Family relationships centres
Government-funded services that offer information, advice, and dispute resolution to help separated couples reach agreements without going to court.
Family report
A written evaluation of a family by a family consultant, prepared to assist the court in making decisions regarding children in a case.
Family violence
Family violence involves controlling or oppressive behaviour by one person toward their partner or family members. This can include threats, humiliation, emotional abuse, physical or sexual assault, financial control, and social isolation, such as preventing contact with family or friends.
Filing
The process of lodging a document at a family law registry for placing on the court file.
Final order
An order made by a court that brings the case to a close.
Financial abuse
Controlling a person’s ability to get, use or save money and other financial resources. This is often seen in coercive control.
Financial contribution
Funds contributed to acquiring, maintaining, or improving assets at the start, during, and after the relationship.
Financial statement
A court document summarising a party's income, expenses, assets, liabilities, and superannuation, required in cases seeking spousal maintenance.
Finding
A court's decision on a disputed matter after reviewing the evidence.
Frivolous and vexatious application
To challenge a complaint or a legal proceeding being heard as lacking in merit.
H
Hague convention
An international treaty which provides for children to be returned if they have been wrongly removed from, or retained outside, their country of habitual residence.
Hearing
The time when parties present evidence and legal arguments to the court. After the hearing, the court issues a decision.
Hearsay
Something that was not personally seen or heard by the person giving evidence but told to them by another person.
I
Inadmissible
Evidence that is not accepted as valid. Inadmissible evidence cannot be considered in a court decision.
Indemnity
An exemption from liability for damage, loss, or injury, along with an agreement to compensate the other party for any resulting loss or damage.
Independent children’s lawyer (ICL)
A lawyer appointed by the court to represent a child’s interests in the proceedings.
Interim order
An order made by a court until a further order, or a final order, is made.
Intervention order
A court order designed to protect a person by placing limits on the behaviour of another person.
J
Joinder
Adding another party into an existing case.
Judgment
A decision delivered by the court after all evidence is heard.
Judicial officer
A person who has been appointed to hear and decide cases, for instance, a judge, justice or registrar.
Jurisdiction
The authority given to a court and its judicial officers to apply the law.
Justice of the peace
A person authorised to witness the signing of affidavits and statutory declarations, and to certify documents.
L
Lawyer
A person approved by the state's Supreme Court to work as a lawyer, holding a current practising certificate and insurance. Family lawyers must also be approved by the High Court of Australia.
Leave of the court
Seeking the leave of the court happens when you need to ask the court for permission to do something.
Legally binding
Something that can be enforced through the legal system.
Liability
In family law property settlement, liability refers to debts, loans, or financial obligations that a party owes, which must be taken into account when determining the distribution of assets and liabilities.
Location order
An order requiring a person or government agency to provide the Court with information about the location of a child.
M
Marriage
The Act defines marriage as 'the union of two people to the exclusion of all others, voluntarily entered into for life'.
Mediation
Mediation is a process where a neutral third party, the mediator, facilitates discussions between parties in conflict to help them reach an agreement.
N
Non-financial contribution
Contributions by a party towards the acquisition, conservation or improvement of any property of the parties, for example, painting, tiling or paving.
O
Oath
A promise to tell the truth, sworn on a Bible or other religious text.
Offer
A proposal put to one party by another party in a case to settle a dispute.
P
Parental responsibility
Both parents share the responsibility for making decisions about major long-term issues for their child or children.
Parenting orders
A set of orders made by a court about parenting arrangements for a child or children.
Parenting plan
A parenting plan is a written agreement that sets out parenting arrangements for children.
Parties
The people or organisations involved in legal proceedings.
Perjury
Deliberately providing false or misleading information while under oath or giving evidence in court is perjury, a criminal offense with legal consequences.
Precedent
A decision made by the Court which may serve as an example for other cases or orders.
Procedural order
An order made by a court of a practical nature. For example, the court may order the parties to value property, provide disclosure or attend upon a family report writer.
Property pool
The assets, liabilities and financial resources that need to be divided in a property settlement.
Property settlement
Property settlement involves the division of assets, liabilities, and financial resources between separating couples. This process includes everything from the family home and bank accounts to superannuation, investments, and debts.
R
Registrar
A court official who has been delegated power to perform certain tasks.
Relocation
Under the Family Law Act, moving the children to another town, city, state or country is known as relocation. Relocation disputes in family law can arise when one parent wants to move with the child, impacting parenting arrangements and the other parent does not consent to the relocation.
Respondent
A person named as a party to a case. A respondent may or may not respond to the orders sought by the applicant.
Restraining order
A court order that prevents a person from engaging in specific actions, such as contacting or approaching another individual. These orders are commonly used in domestic violence cases.
S
Sealed copy
A document or form that has been filed with the court and has a court stamp on it.
Separation
Separation is the point at which a marriage or de facto relationship ends.
Separation under the same roof
When a couple separates but continue to live in the same home.
Service
Service is the legal term used to describe the giving or delivering of court documents to another person in a way that satisfies the Court that the person has received them.
Settlement
When the parties in a case come to an agreement to resolve their dispute before the court makes a decision.
Shared parental responsibility
The principle that both parents contribute to, and are responsible for their children's welfare and upbringing.
Sole parental responsibility
An order of the court that gives one parent the ability to make decisions about major long term issues for their child, without consulting the other parent.
Solicitor
A legal practitioner who traditionally deals with most of the legal matters in some jurisdictions.
Spousal maintenance
Spousal maintenance involves one person providing ongoing financial support to the other after a marriage or de facto relationship ends, either agreed upon by both parties or ordered by the court.
Spouse
A party to a marriage.
Stay of proceedings
A ruling by the court that halts further legal process in a trial or other legal proceeding.
Submissions
Verbal or written arguments made to the court about the facts of the case and the law that applies to a case.
Subpoena
A court-issued document that requires an individual to produce documents or give evidence in court as a witness.
Superannuation splitting
The process of dividing superannuation between parties during a separation or divorce.
T
Transcript
A record of the spoken evidence in Court.
Trial
A formal court proceeding in which evidence is presented, witnesses are examined, and legal arguments are made before a judge or magistrate.
U
Undertaking
A formal promise made by a person to the Court that they will or will not do something. An undertaking is not enforceable, and breach of an undertaking is not a criminal offence.
V
Valuation
The process of assessing the monetary worth of assets, properties, or businesses for the purpose of property settlement.
W
Without prejudice
"Without prejudice" means that any statements made by a party to settle a dispute cannot be used against them in court. This term pertains to genuine negotiation efforts and the legal privilege associated with such discussions.
Witness
A person who saw, heard or experienced something and can give testimony or evidence in court to support the facts of a case.
Witness box
Where a witness sits in the courtroom to give evidence.
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