Dictionary of common legal words and phrases TERM

DEFINITION / MEANING

Action:

A general term used to denote ones right of redress in a judicial proceeding.

Affidavit:

A written statement by a person stating what they know and sworn under Oath or Affirmed

Affidavit of Service: A sworn document outlining the details of how an action was served upon a party Affirming:

Stating that what you say or write is the truth. An affirmation is used instead of "Taking the Oath" if your religion does not allow you to take an Oath or you do not have a religion.

Agent:

Licensed commercial agent who acts on behalf of the plaintiff or judgment creditor in lieu of a solicitor.

Assets:

Items of value, including Real Property owned by a person or other entity, which can be seized to satisfy a Judgment Debt.

Certified copy of Judgment:

A document obtained from a Court in New South Wales, allowing a Judgment to be enforced in a court of like jurisdiction in another State or Territory

Clear title:

Title to property is clear if a person is able to pass the property to another person free of any claim of a third party.

Consumer:

A person who purchases or hires goods or services and does not use them for business purposes.

Consumer, Trader and Tenancy Tribunal:

A Tribunal which deals with disputes below a fixed amount of money, between consumers and traders, traders and traders, motor vehicle property damage claims, tenancy disputes and disputes under the Mobile Homes Act. And also the Home Building Act, 1989 (relating to fence repairs and anything around the home)

Contempt of Court: Anything, which plainly tends to create a disregard of the Authority of a Court or disobedience of the orders of a Court.

Dictionary of common legal words and phrases Contract:

An agreement between two parties, which is legally binding under Law.

Creditor:

A person or entity that is owed money from a debtor

Date of hearing:

The date of hearing or date of trial when a Claim or Application will be heard before a court

Date of Mention:

A date when submissions may be made for determination of a matter or a date of hearing will be set. (Trial)

Debtor:

A person or entity that owes money to a Creditor.

Default Judgment: An order made by the registrar of the court in the absence of the debtor or any grounds of defence for the payment of an amount of money (includes the amount of the claim, Court costs, Professional costs and Interest due if applicable) Defendant:

A person or entity against which an action has been commenced

Deponent:

A person signing or swearing an Affidavit or document before a Justice of the Peace

Document:

Any document that is filed pertaining to an action. It can be an Approved Form, Affidavit or any written material.

Encumbered:

Burdened with Debt, e.g. Mortgage over land or Bill of Sale over a motor vehicle, or possible caveat lodged.

Examination:

A hearing to determine the financial state and ownership of property of a Judgment Debtor by the registrar after a request to do so has been filed, by the judgement creditor or agent.

Examination Summons:

A document requiring and ordering a person to attend a Court to enable a creditor to ascertain/discover, assets and income of a debtor and establish a method of recovering a Judgment Debt

Expenses:

Financial outlays

Garnishee Order:

A document authorising payment to the court for a judgment creditor for earnings owed by a third party (Employer) to the judgment debtor. The order can also be directed to a Financial Institution (Bank, Credit Union, Building Society etc) to deduct moneys from the account of a Debtor, being income, on a regular basis and pay it to a Judgment Creditor. It can also attach the to Commissions, Lottery wins or moneys owed by a third party on behalf of the defendant eg. Share dividends.

Hearing:

When evidence is heard from all parties involved in a matter before a Court or

Dictionary of common legal words and phrases Tribunal and Judgment is given. Income:

Money earned or regularly received.

Instalment Order:

An order directing a judgment debtor to pay a debt by instalments

Interpleader Action:

A claim made by a Third Party – Interpleader – as to the ownership of property seized by the Sheriff by virtue of a Writ of Execution.

Judge:

A person appointed to the Supreme/District Court with authority to decide questions in dispute between parties and to award damages and impose sentences. Addressed as "Your Honour"

Judgement Debt:

A debt due as a result of a judgement entered (by a Court or Registrar) and is the amount of money owing (excluding any interest).

Judgment:

An Order of a Court or Registrar (see also default judgment), given in a civil proceeding.

Judgment Creditor: A person or entity who has a Judgment entered (by a Court or Registrar) in their favour and is enforcing that Judgment Judgment Debtor:

A person or entity that has a Judgment entered against them and that Judgement has not been satisfied and is being enforced

Jurisdiction:

The authority, which a Court has to decide matters, that come before it.

Justice of the Peace:

A person recognised at Law who assists in the legal process by witnessing documents (taking of Statutory Declarations and Swearing of Affidavits.

Liabilities:

Debts; expenses and amounts of money owing.

Magistrate:

An appointed full time Judicial officer of a Local Court who determines both civil and criminal matters within that jurisdiction and imposes sentences and awards damages. Addressed as "your Honour"

Mediation CJC A procedure available to people, designed to resolve disputes with an (Community Justice independent referee in a non-court setting and a means of resolving disputes Centre): without going to court. Money Order:

An order made by a tribunal (eg. Consumer, Trader and Tenancy Tribunal) stating that a debtor owes a creditor a certain amount of money, including an amount of claim, costs and interest and can be registered in court as a judgment

Notice of Grounds An approved form notifying the Plaintiff and the Court that the Defendant of Defence: intends to Defend a Claim, and includes details of that defence which has been served upon them.

Dictionary of common legal words and phrases Notice of Instalment Order:

A document setting out the term of the Instalment Order.

Notice of Non-Levy: A document from the Sheriff detailing why levy has not been made for a Writ of Execution. Oath:

“Taking the Oath” means swearing on the Bible that you will or have told the truth.

Order:

An Order is made by a Court or Tribunal and requires a party to do something and can be Enforced.

Originating Process:

A general term used, referring to a Statement of Claim or Application that commences an action

Plaintiff:

A person or entity that commences an action against another party (The Defendant). A term used in the Civil Claims jurisdiction, general & small claims division.

Pre Trial Review:

(see District Court Status Conference)

Principal Place of Business:

The address at which a business usually trades

Registrar:

An Officer of the Court whose duties cover the administration of the Court Registry, support to Judicial Officers, control and enforcement of orders of the Court and certain Judicial duties including the constituting of a Local Court for Examination and Call Over purposes.

Small Claim:

A claim for moneys up to a specified amount and being for a liquidated debt or demand.

Statement of Claim:

An approved Court Form to commence an Action

Status Conference: A conference involving the parties to a proceeding, heard before a Registrar or Magistrate to try and resolve the action without a trial or narrow the issues before Trial. Trader:

A person or business who carries on a business of supplying goods or services and is not a Profession, e.g. A Doctor, Dentist or Solicitor

Usual Place of Abode:

The address at which a person resides on a day-to-day basis.

Warrant of Apprehension:

A document instructing a Sheriff’s Officer to Apprehend/Arrest a person and bring the person before a Court, for failing or refusing to appear at court on a

Dictionary of common legal words and phrases date set for the hearing of an Examination Summons. Writ for Levy of Property:

(Supreme Court) A document authorising a Sheriff’s Officer to seize and sell Real and Personal Property belonging to an judgment debtor

Writ of Execution: (Magistrates & District Courts) A document authorising a Sheriff’s Officer to seize and sell Real and Personal Property belonging to an judgment debtor

Paul Davis | Principal e: [email protected] Brenton Task | Solicitor – Finance and Mortgage Recovery e: [email protected]