Professional Documents
Culture Documents
Index
A B C D E F G H I J K L M N O P Q R S T U V W
abate
A To stop harm being done to a property, or to the owner’s or renter’s full use of
a property. See also nuisance.
abduction
Unlawfully removing a person, often a child, from their home.
abrogate
To abolish or cancel something, such as a law, so that it is no longer in force.
absolute privilege
What people say in courts and parliaments cannot be used as the basis for a
defamation lawsuit, which is a court action taken by a person to defend their
reputation. See also defence, qualified privilege.
abuse of process
Using a legal right or process in a way that is unfair to others. For example,
one party to a lawsuit can abuse a court procedure by causing delay on
purpose, to get some advantage over the other party.
accused
A person who has been charged with a crime. Also known as a defendant.
acquit
To find someone ‘not guilty’ on a charge in a criminal case.
Act
A written law made by parliament, also called an ‘Act of parliament’, ‘statute’
or legislation.
act of bankruptcy
An act of a debtor that shows they cannot pay what they owe their creditors.
act of God
A natural event such as a cyclone that no-one could see coming or prevent.
actus reus
An act that must be proved before a court can find someone guilty of a
criminal offence. The acts are different for different offences. For example,
armed robbery includes the act of using or pretending to use a weapon. See
also mens rea.
adduce
To adduce or lead evidence is to show a document or thing to the court, or to
ask a witness questions, as part of an argument in a court case.
adjourn
To move a court hearing to another time or day.
adjournment without conviction
The outcome of a criminal case where the court does not record a conviction,
as long as the person sentenced does not offend again within the period
stated by the court. This court order is also known as a ‘good behaviour
bond’, ‘deferred sentence’ or ‘suspended sentence’.
administrative act
A decision or action by a government department or agency, made with the
authority of an Act of parliament or case law. Government departments can
only do what is allowed by the Act. If they do things they do not have power
to do, their actions can be challenged in a court or tribunal. See also case law,
tribunal, ultra vires.
administrator
(1) Someone who takes legal responsibility for the possessions of a person
who has died without making a will or who is still alive but cannot manage
their own possessions. For example, an administrator may be appointed to
manage the money, house or other possessions of a person who has a severe
mental disability. (2) A manager appointed by the directors of a company that
is in financial difficulty. This may give creditors a better chance of getting
their money back because the company can keep trading under supervised
management instead of being wound up.
adversarial system
The system operating in courts in Australia and other common law countries.
In this system, barristers question witnesses and present opposing
arguments and evidence to the judge, who then decides between them and
makes orders about what is to happen.
affidavit
A document that presents written evidence in a court case, setting out what
a witness says is true. It must be sworn to be true and correct in front of an
authorised official, on oath or by affirmation.
affirmation
One way to promise that a statement made by a witness in court or in an
affidavit is true. The other way is to swear an oath on the Bible or other holy
book. People who cannot swear an oath because it would be against their
religion, or because they have no religious belief, can make an affirmation
instead. See also affidavit.
age of consent
The age a young person can legally have sex. In Victoria this is 16.
agent
A person who acts for someone else. They can make decisions, carry out
tasks or make agreements for the other person. For example, if you ask
someone to bid for you at an auction they will be acting as your agent.