Legal language in plain English
Understand 40 terms you may encounter in legal documents, proceedings and conversations with a lawyer. Each explanation links to a relevant guide.
General information only — not legal advice. A word’s legal meaning can depend on the document, legislation and jurisdiction.
A written account of facts that the person making it formally swears or affirms to be true.
Use it in your conversation: Ask which facts belong in the document and who can witness it before signing.
Explore guidance related to affidavit →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
A process for challenging a decision in a body authorised to hear that challenge. The permitted grounds and procedure vary.
Use it in your conversation: Ask what can be challenged and whether permission to appeal is needed.
Explore guidance related to appeal →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
The person or organisation asking a court or tribunal to make a decision or order.
Use it in your conversation: Check who is named as the applicant and what orders the application actually requests.
Explore guidance related to applicant →
Reference: Federal Circuit and Family Court — legal words ↗
Family-law proceedings in these courts.
An arrangement permitting release from custody while a criminal matter continues, sometimes subject to conditions.
Use it in your conversation: Ask about the current order and any process required to change its conditions.
Explore guidance related to bail →
Reference: Legal Aid NSW — legal words ↗
NSW terminology; meanings and procedures can differ elsewhere.
A legal practitioner whose work commonly includes advocacy and specialist advice. Engagement arrangements differ between jurisdictions and matters.
Use it in your conversation: Ask who will brief the barrister and whether their fees are included in the estimate.
Explore guidance related to barrister →
Reference: Legal Aid NSW — legal words ↗
NSW terminology; meanings and procedures can differ elsewhere.
A person or organisation entitled to receive a benefit under an arrangement such as a will, trust or insurance policy.
Use it in your conversation: Identify the document creating the benefit rather than assuming every benefit passes under a will.
Explore guidance related to beneficiary →
Reference: ASIC Moneysmart — wills and powers of attorney ↗
Australian planning overview; succession and appointment laws vary.
A check an office makes to identify reasons it may be unable to act. The office can tell you what identifying information is needed before you share the full circumstances.
Explore guidance related to conflict check →
Back to the glossary index ↑Orders made by a court on terms agreed by the parties. The court's approval gives them the status of orders.
Use it in your conversation: Ask whether your proposed agreement needs court approval or another form of documentation.
Explore guidance related to consent orders →
Reference: Federal Circuit and Family Court — legal words ↗
Family-law proceedings in these courts.
A meeting with an agreed purpose and scope. Check its length, cost, preparation requirements and intended output instead of assuming every first meeting offers the same service.
Explore guidance related to consultation →
Back to the glossary index ↑The legal work involved in transferring an interest in property from one owner to another.
Use it in your conversation: Ask whether the quoted work includes advice before signing and how unusual contract issues are handled.
Explore guidance related to conveyancing →
Reference: Legal Aid NSW — legal words ↗
NSW terminology; meanings and procedures can differ elsewhere.
An agreement dealing with how a lawyer will charge for the work. Its scope and terms need careful reading.
Use it in your conversation: Ask which stages, expenses and changes in scope are covered by the proposed price.
Explore guidance related to costs agreement →
Reference: Legal Aid NSW — legal costs ↗
NSW costs information; rules and requirements differ by jurisdiction.
A court or tribunal direction about payment of legal costs. It is separate from your agreement with your own lawyer.
Use it in your conversation: Ask whether this type of proceeding carries a risk of paying another party's costs.
Explore guidance related to costs order →
Reference: Legal Aid NSW — legal costs ↗
NSW costs information; rules and requirements differ by jurisdiction.
Money awarded as a legal remedy for a recognised loss or wrong. It is different from a fine.
Use it in your conversation: Ask what loss could be claimed and what evidence would be needed to establish it.
Explore guidance related to damages →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
Expenses paid to others in carrying out legal work, such as filing fees or expert report charges.
Use it in your conversation: Ask for the likely external expenses as well as the lawyer's professional fees.
Explore guidance related to disbursements →
Reference: Legal Aid NSW — legal costs ↗
NSW costs information; rules and requirements differ by jurisdiction.
Providing information or documents as required by a legal process or obligation. The required extent depends on the context.
Use it in your conversation: Ask what must be supplied, to whom and by when, rather than sending an unfiltered document collection.
Explore guidance related to disclosure →
Reference: Federal Circuit and Family Court — legal words ↗
Family-law proceedings in these courts.
The arrangement under which a provider agrees to undertake work. A directory enquiry or a requested appointment should not be assumed to establish that arrangement.
Explore guidance related to engagement →
Back to the glossary index ↑In succession matters, the property and obligations dealt with after a person's death. Some assets may pass outside the estate.
Use it in your conversation: Ask which assets are administered by the executor and which require a separate process.
Explore guidance related to estate →
Reference: ASIC Moneysmart — wills and powers of attorney ↗
Australian planning overview; succession and appointment laws vary.
A person appointed in a will to carry out estate administration, subject to the relevant law and any necessary court authority.
Use it in your conversation: Ask what responsibility the role carries before assuming it only involves distributing money.
Explore guidance related to executor →
Reference: ASIC Moneysmart — wills and powers of attorney ↗
Australian planning overview; succession and appointment laws vary.
The next contact or task after a meeting. Confirm who is responsible, when it is expected and whether it involves further fees or a new agreement.
Explore guidance related to follow-up →
Back to the glossary index ↑A court order requiring a person to do something or refrain from doing something.
Use it in your conversation: Ask about the precise conduct at issue and whether urgent assessment is needed.
Explore guidance related to injunction →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
The office's initial process for understanding an enquiry and deciding the next administrative step. An intake conversation is not necessarily a legal consultation.
Explore guidance related to intake →
Back to the glossary index ↑Describes a person who dies without a valid will disposing of their estate, or the part not covered by a will.
Use it in your conversation: Ask which jurisdiction's succession rules apply rather than assuming the nearest relative receives everything.
Explore guidance related to intestate →
Reference: ASIC Moneysmart — wills and powers of attorney ↗
Australian planning overview; succession and appointment laws vary.
Court review concerned with the lawfulness of a decision-making process, rather than simply preferring a different result.
Use it in your conversation: Ask what legal error is alleged and what remedy the court could provide.
Explore guidance related to judicial review →
Reference: Administrative Review Tribunal — legal procedure handbook ↗
Commonwealth merits-review procedure; a PDF reference, not individual eligibility advice.
The legal authority of a court or tribunal to decide a particular matter.
Use it in your conversation: Ask which body has authority over the dispute before choosing where to apply.
Explore guidance related to jurisdiction →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
A legal time limit for bringing a particular claim. Its start point and any exceptions depend on the applicable law.
Use it in your conversation: Raise all relevant dates promptly; do not calculate a deadline from another person's case.
Explore guidance related to limitation period →
Reference: Legal Aid NSW — legal words ↗
NSW terminology; meanings and procedures can differ elsewhere.
A process in which an independent facilitator helps people try to reach agreement. The mediator generally does not decide the dispute.
Use it in your conversation: Ask how to prepare and what further steps would give any agreement the intended legal effect.
Explore guidance related to mediation →
Reference: Federal Circuit and Family Court — legal words ↗
Family-law proceedings in these courts.
Reconsideration of a decision by examining the relevant facts, law and policy to reach the correct or preferable decision.
Use it in your conversation: Ask whether the particular decision is reviewable and what evidence the reviewing body can consider.
Explore guidance related to merits review →
Reference: Administrative Review Tribunal — legal procedure handbook ↗
Commonwealth merits-review procedure; a PDF reference, not individual eligibility advice.
A formal direction or decision of a court or tribunal. Its wording determines what it requires.
Use it in your conversation: Read the actual order with the adviser rather than relying on a summary of the hearing.
Explore guidance related to order →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
A person or organisation formally involved in a proceeding or agreement. The context determines whose rights and obligations are affected.
Use it in your conversation: Check the named legal entity, especially when an individual acts for a company.
Explore guidance related to party →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
Information or an opinion about an identified person, or someone who can reasonably be identified, under the federal privacy framework.
Use it in your conversation: Ask what information is needed and how the provider will securely receive and handle it.
Explore guidance related to personal information →
Reference: OAIC — personal information ↗
Federal privacy framework; other laws and coverage rules may apply.
A document authorising another person to make specified decisions on your behalf. The powers and continuing effect depend on its type and jurisdiction.
Use it in your conversation: Ask which decisions the document covers and when the authority starts or ends.
Explore guidance related to power of attorney →
Reference: ASIC Moneysmart — wills and powers of attorney ↗
Australian planning overview; succession and appointment laws vary.
Court authority relating to a will and the executor's administration of the estate. A grant is not required in every estate.
Use it in your conversation: Ask whether a grant is needed for the particular assets and jurisdiction.
Explore guidance related to probate →
Reference: Supreme Court of NSW — probate ↗
NSW probate process; other jurisdictions have separate arrangements.
A person or organisation against whom an application or appeal is brought. The term does not mean the allegations are established.
Use it in your conversation: Ask what response is required and identify the date the documents were received.
Explore guidance related to respondent →
Reference: Federal Circuit and Family Court — legal words ↗
Family-law proceedings in these courts.
The arrangement defining a lawyer's engagement. The word can also be used in discussions about money paid in advance.
Use it in your conversation: Ask which meaning is intended and request clear written terms for the work and payment.
Explore guidance related to retainer →
Reference: Legal Aid NSW — legal costs ↗
NSW costs information; rules and requirements differ by jurisdiction.
The boundaries of the work being agreed. Preparing for a meeting, attending it and carrying out follow-up tasks may be separate parts of an engagement.
Explore guidance related to scope →
Back to the glossary index ↑The formal delivery of legal documents in a way recognised by the applicable rules.
Use it in your conversation: Ask which method is permitted; an ordinary email or message may not satisfy the rules.
Explore guidance related to service →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
A legal practitioner who commonly advises clients and manages legal matters, and may also represent clients in proceedings.
Use it in your conversation: Ask who will have day-to-day responsibility and who will attend any hearing.
Explore guidance related to solicitor →
Reference: Legal Aid NSW — legal words ↗
NSW terminology; meanings and procedures can differ elsewhere.
A court-issued requirement to attend to give evidence, produce documents, or both.
Use it in your conversation: Get advice about the actual requirement, compliance date and any available objection process.
Explore guidance related to subpoena →
Reference: Federal Court — glossary ↗
Federal Court context; check the rules of the court handling your matter.
A label often used in settlement discussions where legal protection against use of the communication may apply.
Use it in your conversation: Do not assume the label alone creates protection; ask before sending a proposed settlement communication.
Explore guidance related to without prejudice →
Reference: Legal Aid NSW — legal words ↗
NSW terminology; meanings and procedures can differ elsewhere.
A record of points discussed or advice given, if the provider agrees to supply one. Ask whether it is included; your own meeting notes are not automatically a provider-approved account.
Explore guidance related to written summary →
Back to the glossary index ↑These short explanations are starting points, not complete legal tests. Ask an adviser to explain the actual document or process affecting you. The conversation prompts are editorial suggestions. The appointment terms describe practical arrangements and do not establish that a provider has agreed to act.
Explore the legal topic library or read questions for your first legal consultation.
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