adjourn

to postpone a court hearing to another time or day

affidavit

a written statement where the contents are sworn or affirmed to be true. It is used in court as evidence

appeal

the review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision

applicant

a person applying for a court order

autopsy

an internal examination of the body of a deceased person or any process which involves taking samples from the inside of the body

bail

a procedure that allows you to stay out of police custody or prison until the time you return to court on the charges you’re accused of

charge

a statement that gives the details of a crime an accused person is claimed to have committed

committal proceedings

a hearing in a Magistrates' Court that decides whether someone charged with a serious criminal offence should face trial in a higher court. It is also known as a preliminary examination.

consent

to agree to or approve something

contest mention hearing

a hearing in which parties can try to reach agreement on some matters before a full criminal hearing is held

contest the application

to say that you do not agree with or accept the application

coroner

a judicial officer presiding over the Coronial Division of the Magistrates Court. Coroners investigate reportable deaths as well as certain fires and explosions.

court order

a direction issued by a Magistrate requiring a person or organisation to do or not do something. An order may be either interim or final

default judgment

a judgment given by the court against the defendant in the defendant's absence. For example when the defendant didn't appear at the hearing or has failed to lodge a defence

determination

a decision

ex parte decision

a decision made by the Magistrate if you did not appear in court

final order

is made after a magistrate hears the application. Final orders may be consented to by both parties or a magistrate can decide the orders that should be made. A final order will be in place for such period of time as consented to or ordered. This is usually 12 months, but can be longer.

guarantee

a binding promise made by one person to ensure that another person carries out their legal obligations. The person making the promise is called a guarantor

guardian

someone who is legally responsible for taking care of another person or their property

inquest

a formal hearing conducted in court by a coroner, to establish how a person died and the cause of their death. Inquests are sometimes held to establish the cause and origin of a fire or explosion.

interim (temporary) order

a temporary court order that stays in place only until a court can make a decision on the issue at a full hearing; temporary order can be cancelled, dismissed or becomes final

judgment creditor

a person or organisation that a debt is owed to

judgment debt

the amount of money that a court has ordered a debtor to pay

judgment debtor

anyone who owes money that the court has ordered them to pay as part of a legal judgment

jurisdiction

the power of a State to legislate and enforce its laws

litigant in person (self-represented litigant)

a person who does not have a lawyer to appear for them in court and who presents their case to the court themselves

mediation

a way of resolving a dispute outside the court system. An independent person (a mediator) helps the disputing parties come to agreement. Mediators do not decide the outcome of the dispute. They help the parties think about the issues and best outcome. Parties may choose to use mediation instead of going to court. The court may order the parties to go to mediation as a way of avoiding a court hearing.

oath / affirmation

a promise to tell the truth in court. An oath has religious significance and an affirmation does not

party

a person or organisation directly involved in a court case, including a person or organisation that has brought the case before a court or who is defending claims made against them

post mortem

meaning ‘after death’, used to describe any examination of a deceased person by a qualified pathologist, and also to describe the report written by the pathologist after they have finished their examinations (the post mortem report)

respondent

a person against whom the court order is made

service

the process of sending or giving court documents to a party after they have been filed, in accordance with the rules of court. Service ensures that all parties have received the documents filed with a court.

settle

to resolve a lawsuit without a final court judgment, by negotiation between the parties

subpoena

an order requiring a person to go to court on a particular date and time to give evidence, or to produce a document to the Court, or do both things

summons

a formal document issued by a court which says someone must appear in court on the date stated in the document

surety

a person who agrees to pay money if a defendant fails to comply with the conditions of bail; or fails to appear in court as required

witness

a person who has information (called "evidence") which may be useful in the proceedings of a case being heard in a court. Giving evidence is also sometimes referred to as "testifying"