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Glossary

We want to make it as easy as possible for you to do business with us.
We try and use plain english wherever we can. Unfortunately the law
like any other industy has its own language and we can't always promise
that we won't be using words that are second nature to us, but may not
be second nature to you.

To help you find your way around the maze of legal terminology we've
provided you with a short glossary of some of the legal terms which you
are more likely to come across in our correspondence and documentation.

Our list, some of which is adapted from www.nolo.com is not exhaustive
as we have not intended to provide a detailed legal dictionary. There are
a number of other excellent websites however which will assist you should
you need any further explanations beyond those in our glossary.

Click on the following link and you will find a legal dictionary which may not
keep you amused, but will keep you informed.

www.nolo.com

Ab initio

This is Latin for From the beginning. Lawyers often lapse into Latin because it shows that they have an education. A contract which is declared as void ab initio is therefore declared not to have been a contract at all.

Abatement

A reduction. Abatement can occur in the case of the deceased estate if the deceased person didn't leave enough property to pay out all the gifts made in the will and meet other expenses.

Abstract of Title

Most property in NSW is now under the Torrens system. Before the Torrens system we had a system called Old System. Part of the conveyancing process involved the seller providing the buyer with an Abstract of Title which showed the chain of ownership over a period of time which in turn proved the entitlement to sell the property.

Act

A law made by Parliament.

Act of God

An extraordinary or unexpected natural event such as a hurricane, tornado, earthquake, or even the sudden death of a person. An Act of God may be a defence against any liability for injuries or damages. Sometimes referred to as a force majeure event.

Action

Another term for a lawsuit

Administration (of an estate)

The Court supervised distribution of the probate estate of the deceased person. If there is a will that names an executor that person manages the distribution. If not the Court appoints someone who is generally known as the Administrator. This person might also be called the Personal Representative.

Administrator

A person appointed by a Probate Court to handle the distribution of property of someone who has died without a will, or a will without an Executor. An Administrator may also be appointed to conduct the affairs of a Company which is in financial trouble.

ADR

Alternate Dispute Resolution

Adult

In most situations any person 18 years of age or older

Adverse Possession

Someone who has taken possession of someone's property without necessarily paying for it, and might prevent the owner from transferring ownership to a buyer.

Affidavit

A written statement which is sworn or affirmed by a person in front of a solicitor or Justice of the Peace. An affidavit may be used to support certain legal applications or as a substitute for oral testimony in court proceedings.

Agent

A person authorised to act for and at the direction of another person when dealing with third parties. The person who appoints an agent is called the Principal. An agent can enter into binding agreements on the Principal's behalf and may even create liability for the Principal if the agent causes harm while carrying out his or her duties. For example, a Real Estate agent is an Agent appointed to act on behalf of a seller of property (the Principal)

Agreement

A meeting of the minds. An agreement is made when 2 people reach an understanding about a particular issue including their obligations, duties and rights. While agreement is sometimes used to mean contract (a legally binding oral or written agreement) it is actually a broader term which includes understandings that might not rise to the level of a legally binding contract

Allegation

A statement by a party which might be in a court document or pleading describing what that party's position is, and what that party intends to prove.

Annexure

A document referred to in another document and attached to or bound with that document and marked for identification, usually with the letter 'A', 'B', 'C' etc. Sometimes documents are exhibited rather than annexed. Exhibiting a document is a very similar procedure.

Annual Meeting

A term commonly used to refer to annual meetings of shareholders or directors of a corporation. Shareholders normally meet to elect directors or to consider major structural changes to a corporation such as amending its constitution, or merging or dissolving the corporation. Directors meet to consider or ratify important business decisions such as borrowing money, buying real property or hiring key employees.

Annuity

A purchase policy that pays a fixed amount of benefits every year for the life of the person who is entitled to those benefits.

Appeal

A request to a higher court to modify or reverse the judgment of a trial court or intermediate level appellate court. The request is made in writing by the filing of a Notice of Appeal which must be done within strict time limits. The Appeal Court does not re-hear the evidence. It considers oral and written submissions made on behalf of the appellant and the respondent about the way the case was decided at trial or by a lower level appeal court.

Appellant

A party to a law suit who appeals a losing decision to a higher court in an effort to have it modified or reversed.

Arbitration

A non court procedure for resolving disputes using one or more neutral third parties called an arbitrator or arbitration panel. Arbitrations can be either binding or non-binding. Courts in NSW also used Court Appointed Arbitrators to take the place of judges to hear cases. The appointment of such Arbitrators was designed to reduce the delay of bringing cases to trial. Generally the findings of such Arbitrators are not binding unless both parties accept the decision.

Assignee

A person to whom a property right is transferred. Eg a lease. The Assignee takes control of property and assumes all legal rights and responsibilities of the tenant including payment of rent. However the original tenant will remain legally responsible for the obligations under the lease if the assignee fails to pay the rent, unless as part of the assignment the landlord has released the outgoing tenant from those liabilities.

Assignment

A transfer of property rights from one person to another. Assignment can also be used in other legal situations such as an assignment of copyright.

Association

A group of people who have joined together for a common purpose.

Attestation

The act of watching someone sign a legal document such as a will or power of attorney and then signing your own name as a witness. The witness confirms the person they watched sign the document in fact did so. They do not vouch for the document's accuracy or truthfulness, only that it was signed in front of them.

Attestation Clause

A set of words at the end of a document which state that the document has been signed in the presence of a witness(s).

Attorney

A person appointed by another to act in the place of that person. A lawyer can also be referred to as an attorney.

Audit

Examination of the financial records of a person, business or organisation typically undertaken to clean up careless or improper bookkeeping or to verify that proper records have been kept

Author

In terms of copyright protection either the person who creates the work, the person or business that pays another to create the work in an employment context or the person or business that commissions the work under a valid work for hire contract.

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