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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

Call-Over

A procedure where the solicitors for the parties in a litigation matter, which has been placed in a list by the Court Registry, attend before a Registrar or Judge to obtain a date for hearing.

Capital Gains

The profit on the sale of a capital asset such as shares, real estate or a business. Tax is then payable on the capital gain subject to various exemptions

Caveat

The Latin word for warning; In the context of property law, it warns anyone searching a particular title of the existence of an interest in the land, and forbids the registration of any dealing in respect of that particular property until the caveat is removed. It can be used to protect the interests of a person who has a claim against the property of another.

Caveat Emptor

Latin for let the buyer beware meaning a buyer buys at his/her own risk and should examine and test a product or property for obvious defects and imperfections.

Certificate of Title

The title deed to a property under the Torrens System.

Certified Copy

This is a copy of an original document which has been signed and certified by a solicitor that it is a true and correct copy.

Chambers

The office of a barrister or Judge.

Clause

A numbered paragraph in a legal document.

Common Law

Law which is not the result of legislation, but law developed by the decisions of Judges (also see 'Precedent').

Completion

The date on which a transaction is finalised or settled. The transaction might be a conveyance. It may be a handover of a business which has been sold. It may be the date on which pursuant to an agreement various obligations of the parties to the agreement are to be fulfilled.

Conduct Money

Money paid in advance to a person receiving a subpoena, to cover that person's expenses in complying with that subpoena, whether related to the cost of producing documents to report or alternatively travelling to court to give evidence. If appropriate conduct money is not provided, the person may be excused from complying with the subpoena.

Confidential Communication

Information exchanged between two people who have a relationship in which private communications are protected by law and who intend that the information be kept in confidence. Some communications are recognised by the law to be considered confidential such as solicitor and client and doctor and patient.

Consideration

In the context of a contract, consideration is something you get in exchange for the promises you make in a contract, e.g. money, promises in return. A contract requires consideration from both parties to be legally binding.

Contingency Fee

A method of paying a lawyer for legal representation, popular in the United States and which has some limited application in NSW. The lawyer can receive a percentage bonus of their costs if they settle or win the court case. The contingency fee in NSW should not be more than 25%. The fee should be reflected in a written agreement in relation to costs.

Contract

A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts can be either oral or written. Contracts involving the sale of real estate must be in writing. There must be an offer by one party to the other and an acceptance by the party receiving the offer. There must be consideration otherwise there is no binding contract

Contract For Sale of Land

A document used in a conveyancing transaction which details the agreement between the vendor and a purchaser.

Contributory Negligence

See 'Volenti non fit injuria'.

Conveyance

A form of Transfer from the seller of a property to the purchaser of the property. This term is more commonly used for Old System Title. Under Torrens Title the document used is a Transfer (see Transfer).

Cooling Off Period

The Conveyancing Act provides that a buyer can sign a contract for the purchase of residential real estate and receive the benefit of a five business days cooling off period. This enables the buyer to carry out enquiries such as building reports and pest reports to check that they are satisfied with the condition of the property. The cooling off period however can be waived if the lawyer acting for the buyer advises the buyer that by waiving their rights they will be bound immediately by the contract. As a matter of practice, most sellers as a condition of proceeding to exchange of contracts require the cooling off period to be waived. If the cooling off period is applicable and if a buyer decides to withdraw at the end of the five business days there is a financial penalty equal to 0.025% of the purchase price payable by the buyer to the seller. Cooling off periods can apply to other consumer contracts relating to purchase of various goods such as motor vehicles or the obtaining of finance.

Costs Agreement

An agreement entered into between a client and a lawyer which sets out the basis on which the lawyers work is to be conducted and the parameters of the work to be done. It is preferable that costs agreements be in writing whether by way of a separate agreement or by way of correspondence.

Counsel

Another name for a barrister.

Cross Claim

A claim which is brought by a defendant to court proceedings who wishes to allege that some other party is in fact responsible or partly responsible for any liability alleged by the plaintiff against the defendant. It may also be a claim by the defendant against the plaintiff in which the defendant seeks to reverse the thrust of the lawsuit by claiming it was the plaintiff who committed legal wrongs and that as a result it is the defendant who is entitled to money, damages or other relief.

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