Legal correspondence is full of terms that are precise but unfamiliar. These are the ones clients ask about most.
General
Affidavit — a written statement sworn or affirmed to be true, used as evidence in court.
Statutory declaration — a written statement declared to be true, used outside court proceedings.
Without prejudice — marks a settlement communication that generally cannot be shown to the court.
Limitation period — the deadline for starting a claim. Once it passes, the claim is usually lost regardless of merit.
Disbursement — a cost the firm pays on your behalf, such as a filing or search fee.
Property
Settlement — the day the price is paid and ownership transfers.
Encumbrance — a right someone else holds over the land, such as a mortgage or easement.
Caveat — a notice on the title warning that someone claims an interest in the property.
Transfer duty — the state tax payable on a transfer of land.
Family
Consent orders — an agreement approved by the court, making it binding and enforceable.
Parenting order — an order setting out arrangements for the care of a child.
Asset pool — everything owned by either party, including superannuation, available for division.
Estates
Executor — the person named in a will to administer the estate.
Probate — the court's confirmation that a will is valid and the executor may act.
Intestate — dying without a valid will, so a statutory formula applies.
Family provision application — a claim that a will did not make adequate provision for an eligible person.
Criminal
Notice to appear — a document requiring attendance at court on a set date.
Bail undertaking — a promise to appear, sometimes with conditions attached.
Committal — the Magistrates Court stage deciding whether a serious charge proceeds to a higher court.
General information only.