Legal phrases explained
The A-Z of family law legal terms.
Legal Phrases
Welcome to our comprehensive guide, where we discover complex legal phrases. At Shanahan Family Law, we understand that legal jargon can be intimidating and confusing. That’s why we’ve created this resource to explain these terms in plain language.
By understanding these legal phrases, you’ll feel more confident navigating the legal landscape, whether in a case or just curious about the law.
Explore our guide to gain a clearer understanding of these essential terms.
Abuse
According to Section 4(1) of the Family Law Act related to a child, abuse is characterized as
- an attack, including a sexual assault, or
- an individual who include a child in a sexual activity wherein the youngster is used, legitimately or in a roundabout way, as a sexual object by the principal individual or another individual, and where there is an unequal power in the relationship between the child and the primary individual, or
- making the child endure genuine psychological damage, including (yet not restricted to) when harm is brought about by the child being subjected or exposed to family violence or
- serious neglect of the child
Address for service
the location given by a party where documentation can be served on them by hand, post or some other type of electronic correspondence
Adjourn
Affidavit
a written statement by a party or witness. It is the fundamental method of introducing the facts of a case to the court. An oath must be signed before an approved individual, (for example, a legal advisor or Justice of the Peace) by method of swearing on the Bible or confirming the truth of the substance of the statement
Appeal
Appeal a method which permits a party to challenge the court’s decision
Applicant
Case
Consent order
Consent Order an understanding between parties that the court affirms and afterward turns into a court order
Contravention
Court hearing
Court order
Divorce order
Enforcement order
Ex parte hearing
Family consultant
Family dispute resolution
a procedure whereby a conflict resolution practitioner assists in resolving some or all family disputes with each other following separation and/or divorce
Family Law Act 1975 (‘the Act’)
Family law registry
Family report
Family violence
violent, threatening, or other behaviour by a person who pressures, controls or causes fear in a family member. Family violence may also amount to child abuse. See the Family Law Act, section 4AB, which gives examples.
Family violence order
an order (including an interim order) to protect a person from family violence made under an authorised law of a State or Territory
Filing
the process of lodging a document at a family law registry for allocation to the court file
Final order
a court order that concludes a case
Form
a specific document that must be completed and filed at court, with distinct forms used for different family law matters
Independent children’s lawyer
a lawyer determined by the court to represent a child’s interests in a case
Interim order
a provisional court order until another order or a final order is made
Judgment
a court’s decision after all the attestation is heard
Judicial officer
an appointed person like a judge who hears and decides cases
Jurisdiction
the court and its judicial officers’ authority given to enforce the law, i.e. courts have jurisdiction in family law matters under the Family Law Act 1975
Parental responsibility
a parent’s responsibility to decide about the care, welfare and development of their children. This may be varied by agreement or by a court order
Parenting plan
a written contract between the parties defining parental arrangements for children. It is not affirmed by or recorded with a court
Party or parties
an individual or legal entity involved in a court case, such as the applicant or respondent.
Precedent
a verdict by a judicial officer, which could serve as an example for other cases or orders.
Procedural order
a practical order made by a court like ordering the parties to attend a family disagreement resolution
Registrar
a court lawyer who is assigned the authority to execute certain tasks like permitting divorces, signing consent orders and deciding the next step in a case
Respondent
a named individual involved with a case, who may or may not acknowledge the requests sought by the applicant
Rules
a set of guidelines that outline court procedures, such as the Family Law Rules 2004 (of the Family Court) and the Federal Circuit Court Rules 2001 (of the Federal Circuit Court)
Service
providing court documents to a party after they have been filed, conforming to the rules of court. Service secures that all parties receive the documents filed with a court.
Subpoena
a document issued by court obliging a person to provide documents and/or give verification to the court.
Transcript
a record of verbally expressed proof in a legal dispute. All court hearings are recorded, except uncontested divorce hearings. The court does not provide transcripts to parties and there is a cost associated should a transcript be required.