Legal Terminologies in Australia
Understanding legal terminology can be as challenging as learning a new language.
However, our detailed glossary of legal terms is designed to simplify this complexity and help you grasp the language used in law. This resource is especially useful if you are involved in legal issues such as personal injury cases or workers' compensation claims.
Our glossary will assist you in understanding difficult terms, making it easier to navigate the legal system. So, if you find yourself overwhelmed by legal jargon, refer to our glossary for clarity.
A
Acquittal: When a court decides that a person is not guilty of the crime they were charged with.
Actus Reus: The action or conduct that is a part of a crime. It's like the guilty act itself.
Adjudicate: When a judge or official makes a formal decision about a problem or dispute.
Affidavit: A written statement that you swear is true, used as evidence in court.
Appeal: When you ask a higher court to review a decision made by a lower court.
Arbitration: A process where an independent person makes a decision to solve a dispute.
B
Barrister: a type of lawyer who specialises in offering legal advice and representing clients in court proceedings.
Beneficiary: An individual who receives benefits or advantages from a source such as a trust, will, or life insurance policy.
Breach of Contract: An act of breaking the terms set out in a contract. It can involve failures such as not completing a task, not paying the agreed amount on time, or not fulfilling other specified conditions.
Burden of Proof: The responsibility to prove what you're saying in court.
C
Case Law: Laws that are established by the outcomes of previous cases.
Class Action: A lawsuit where a group of people sue someone. It's like a team legal battle.
Common Law: Laws that come from customs and decisions made by judges, not from the government.
Compensation: The money you get to cover any losses or harm caused by someone else's fault.
Contingency Fee: A fee you pay to your lawyer only if you win your case.
Contributory Negligence: When you get hurt partly because of your own actions.
D
Damages: The money a court gives you for a loss or injury you've suffered.
Defendant: The person who's been accused or sued in court.
Deposition: When you give evidence under oath, but not in a courtroom. It's like a formal interview about what happened.
Discovery: The part before a trial where each side can get evidence from the other side.
Due Process: The fair treatment you should get from the legal system.
Duty of Care: Everyone's responsibility to avoid harming others. It's like an unwritten rule that we all have to look out for each other.
E
Examination-in-chief: The initial questioning of a witness by the party who called them to testify in court.
Ex parte: A legal proceeding brought by one person in the absence of and without representation or notification of other parties.
F
Fault: In legal terms, fault refers to the responsibility or negligence of a party in a situation that causes harm or injury, which can affect compensation claims.
Fiduciary Duty: A legal duty of one party to act in the best interest of another. In compensation law, this might relate to how financial advisors manage another person’s assets.
Financial Dependents: People who rely on someone else for financial support, such as family members. In cases of wrongful death or injury, financial dependents may be eligible for compensation.
Foreseeability: A concept that determines if the damage or injury could have been anticipated as a result of an action or inaction, impacting liability and compensation.
Franchisee: Someone who has been granted the right to sell a company’s goods or services in a certain area. Franchisees might seek compensation from franchisors for misleading conduct or contractual breaches.
Fraudulent Misrepresentation: When false statements are knowingly made to deceive others. Victims of fraudulent misrepresentation can seek compensation for their losses.
G
General Damages: Compensation awarded for non-monetary losses, such as pain and suffering, emotional distress, or loss of enjoyment of life resulting from an injury.
Grievance Procedure: A formal process within a workplace or organisation for addressing complaints or disputes, including those related to compensation.
Gross Negligence: A severe form of negligence where someone fails to exercise even the slightest amount of care, which is considered reckless and could lead to compensation claims.
Guardian: A legally appointed person responsible for taking care of another person, usually a minor or someone who is unable to manage their own affairs. Guardians may deal with compensation claims on behalf of the person they care for.
Guarantee: A promise to ensure the performance or fulfilment of certain conditions, such as the quality of a product or service. Compensation may be sought if guarantees are not met.
H
Hearing: A formal meeting or session at a court or tribunal where evidence is presented and legal arguments are made about a compensation claim.
Hearsay: Information you heard from someone else that you can't prove is true.
Hypothetical Question: A question based on assumed facts, often used in legal proceedings to understand expert witnesses’ opinions, which can influence the outcome of compensation cases.
I
Implied Terms: Unwritten conditions of a contract that are understood to be part of the agreement even though they aren't explicitly stated
Incapacity: The inability to work due to injury or illness, which may qualify an individual for compensation benefits such as workers' compensation.
Indemnity: A legal obligation by one party to cover the losses or damages suffered by another, often relevant in insurance and compensation cases.
Industrial Action: Actions such as strikes or work stoppages by workers, often linked to disputes over compensation or working conditions.
Injunction: A court order that stops someone from doing something.
Interim Payment: A temporary payment made during a compensation claim process before the final settlement is agreed upon or awarded.
J
Joint Liability: When two or more parties are held responsible for an obligation, including paying damages resulting from a lawsuit.
Judicial Review: A process where a court reviews the legality of a decision or action taken by a public body or official, often relevant in disputes about entitlements or benefits.
Jurisdiction: The area or topic over which a court or official has authority.
Just Compensation: A principle ensuring that when property is taken by the government, such as for public use, the owner is properly compensated for their loss.
K
Knock-for-Knock Agreement: An arrangement where each party agrees to pay for their own damages and injuries in the event of an accident, regardless of who was at fault.
L
Legal Aid: Financial assistance provided to individuals who cannot afford legal representation, available in cases including those involving claims for damages or disputes.
Liability: When you're legally responsible for something, like an accident or a mistake.
Litigation: The process of taking legal action. It's like a journey through the legal system.
Loss of Consortium: A claim made by a spouse or family member for the loss of companionship and support due to injuries caused to their loved one.
Lump Sum Payment: A single payment made to settle a claim, rather than smaller payments made over time, often used in settling workers compensation claims.
M
Medical Negligence: When a doctor or other healthcare professional doesn't do their job properly and it causes harm.
Mens Rea: The intention or knowledge of wrongdoing. It's like the guilty mind behind a crime.
Mediation: A way to solve disputes with the help of a neutral third person, without going to court.
Moot: A point or question that's open to argument or discussion.
N
Negligence: When someone isn't careful enough and ends up causing harm to others. It's like forgetting to do something important that ends up hurting someone else.
No-fault Compensation: A system where victims are compensated for injuries or losses regardless of who was at fault, commonly used in workers' compensation and motor vehicle accident claims.
Notice of Claim: A formal notification to a defendant or an insurance company that a claim for compensation is being made.
No Win, No Fee: A deal with a lawyer where you only pay them if you win your case. Review our free case review information here.
Nullify: To legally declare something void and without effect, which can impact agreements or settlements if they are found to be invalid.
O
Occupational Disease: An illness caused primarily by exposure to risk factors arising from work activities, which may lead to a claim for workplace-related benefits or compensation.
Offer of Settlement: A proposal made by one party to another to resolve a dispute before it goes to trial, which can include financial payments to cover potential damages or losses.
Onus of Proof: The obligation to prove one's claim in court; in compensation cases, the plaintiff typically has the burden to prove that the injury or loss was due to the defendant's actions.
Out-of-Court Settlement: An agreement reached between parties without the need for a formal court hearing, often used to resolve disputes and avoid the costs of litigation.
P
Personal Injury: When you get hurt - physically, mentally, or emotionally - because of what someone else did or didn't do.
Plaintiff: The person who starts a case against someone else in court.
Pleadings: The written statements that each side files in court, outlining what they claim and defend.
Precedent: An earlier event or action that serves as an example for similar cases in the future.
Prima Facie: Something that seems true at first glance, but may not be when you look deeper.
Pro Bono: When lawyers do legal work for free.
Proximate Cause: An event closely related to a legally recognizable injury that can be held as the cause of that injury.
Public Liability: If you run a business or an event, you have to make sure you don't do anything that could hurt the public.
Q
Quantum: The amount of damages awarded in a compensation case, reflecting the extent of loss or injury suffered.
Quantum Meruit: A legal principle that allows a person to recover costs for services rendered or work done, when no specified payment terms exist.
Quitclaim: A legal instrument used to transfer interest in property without any warranty regarding the title, which can sometimes involve settlement of claims.
Quorum: The minimum number of members required to be present at a meeting or other gathering before it can legally conduct business, important in decision-making processes involving compensation issues.
R
Reciprocal Agreement: An arrangement between two parties where each agrees to provide something in return for benefits received, often used in settlements.
Redundancy Payment: Compensation provided to employees who are laid off due to their positions being eliminated, not due to personal performance issues.
Residual Capacity: An assessment of what activities a person can still perform despite their limitations, often used in determining disability benefits.
Res Ipsa Loquitur: A legal principle that means "the thing speaks for itself". It's used when an accident's cause was likely negligence.
Retainer: Money you pay in advance to a lawyer for their services.
Risk Assessment: The identification and analysis of potential risks in advance, used to prevent accidents and related claims in workplaces.
S
Settlement: An agreement reached before a court decision. It's like a compromise where both sides agree on a solution.
Statute of Limitations: The time limit you have to start legal action. It's like a countdown to when you can no longer sue.
Subpoena: A document that orders a person to come to court.
T
TPD (Total and Permanent Disability): When you can't work anymore because of a severe disability, you can make this type of insurance claim.
Tort: A wrongful act that leads to legal responsibility. It's like a legal wrong that causes harm to someone else.
U
Unfair Dismissal: A legal claim that an employee can make if they believe their termination from employment was unjustified or unreasonable.
Unilateral Contract: A contract where one party promises to perform without receiving a reciprocal agreement from the other party, relevant in cases where promises of payment or benefits are made.
Unliquidated Damages: Compensation amounts that are not predetermined or specified and must be assessed and determined by a court.
Unjust Enrichment: A legal principle that occurs when one person benefits at another's expense without legal justification, which can give rise to a compensation claim to restore the balance.
V
Verdict: The final decision in a court case.
Vicarious Liability: When one person or group is held responsible for the actions of another person or group.
W
Witness: A person who tells the court what they saw or know.
Workers' Compensation: If you get hurt while doing your job, this is the money and help you can get.
Work Cover: Is the same thing as workers' compensation, is the name of the insurance scheme (insurer) designed to support employees who've been injured on the job or have fallen ill because of their work. In a nutshell, Worker’s Compensation and WorkCover are two names for the same safety net, there to help injured workers when work leads to health problems.
Wrongful Death: A death caused by the negligence or wrongdoing of another person.
Y
Yearly Renewable Term (YRT): A type of life insurance policy that renews annually with premiums that can increase each year, often related to claims and compensation in personal insurance cases
Z
Zero Hour Contract: A type of contract where the employer does not guarantee any hours of work but the employee may be expected to be available for work as and when required, relevant in disputes over wages and compensation for work performed.
Zone of Danger: A legal concept used in personal injury cases to determine who might be eligible for compensation by being in a "zone" where they could foreseeably be harmed by the defendant’s actions.
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