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Legal Terms

A Guide to Legal Terms

Adjournment	Putting off (postponing) a Court event to another time.
Affidavit	Your written statement setting out the facts of your case (your evidence). It must be sworn or affirmed, usually before a Justice of the Peace, Commissioner of Oaths or lawyer, as a true statement. Affidavits may also be sworn by other people in support of your case (witnesses).
Applicant	The person who first comes to Court asking for an order to be made.
Case Assessment Conference	The first major event most people have at the Family Court after documents have been filed. The Case Assessment Conference provides an early opportunity to identify issues in dispute, reach an agreement, identify dispute resolution events to be undertaken by the parties and adopt a case management pathway.
Case Management Directions	A set of directions which the Court uses to help clients achieve a just resolution of their dispute in a way which is prompt and economical. You must follow these directions.
Certified copy	When copies of an original document are made, you need to be able to show that they are true copies. This can be done by endorsing the copy - that is writing on the copy that it is a true copy and then signing and dating the statement.
Child mediation	This involves discussing the difficulties experienced (as an individual or as parents) regarding the arrangements for your children during or after separation. The goal is to achieve an agreement which is in the best interests of your children.
Child's representative	A lawyer appointed in appropriate cases by the Court to represent the child (sometimes also called a Separate Representative). They will attend all hearings and conduct the case in a way that promotes the child's best interests. They must be served with all Court documents, be involved in all negotiations and approve any proposed consent orders.
Conciliation conference	A conference held under Order 24 of the Rules with legally trained registrars who conduct conferences with the parties and their lawyers to resolve disputes in financial cases. The deputy registrars provide the parties with advice as to the options available to them in light of the provisions of relevant legislation and previous decisions of the Court. This service is only available after an application is filed and the conference is ordered by the Court.
Consent orders	These may be made where both of you come to an agreement and lodge that agreement in writing (usually called "Terms of Settlement") for approval by the Court. These orders are as binding as any other order made by the Court.
Contact	The time that the child/ren spend with their non-resident parent. Contact arrangements can be made by agreement or by an order of the Court. (See also "residence").
Court events	Court events include conferences, mediation, hearings and other Court appearances before judges, judicial registrars, registrars and deputy registrars.
Court mediators	Qualified social workers and psychologists with specialist experience in working with families who are experiencing separation. They are part of the Court's team trained in mediation.
Court-ordered mediation	Can be ordered by the Court at any time after an application has been filed where there is a dispute about children. It is privileged and anything said in the mediation cannot be used later in a trial. However, the mediator is obliged by the Act to notify the State Welfare Authority if an allegation of child abuse is made.
Decree nisi	An order called a decree nisi is made when a Court grants a divorce. After the expiration of one month, this decree automatically becomes absolute (final) unless within this time an appeal or application to rescind it is filed because you have reconciled or if one of you has died or because there has been a miscarriage of justice.
Deputy registrars	Deputy registrars are Court lawyers and have extensive family law experience. The role of deputy registrars includes the conduct of case assessment conferences, directions hearings, conciliation conferences and Pre-Trial Conferences. Deputy registrars have the power to make orders to ensure the case is made ready for a Trial.
Directions Hearing	This is the date for a matter to first come before the Court either at the conclusion of a Case Assessment conference or in a separate list. The date is usually set when the application is filed. This will not be the final hearing date. You should attend and use the time to negotiate. Directions as to the way your case will proceed (documents to be filed, mediation and so on) are usually made here if you do not reach settlement.
Divorce lists	Lists of cases conducted by deputy registrars to hear applications for divorce.
Family Law Act	The Act under which your case will be decided. You should be very familiar with those sections that apply to your case. Just as you would study how to renovate your home before you start, you should study this Act. Copies are available through Commonwealth Government Information Shops, some libraries and the Internet.
Family Report	A behavioural science assessment of a family from a non-legal and non-partisan perspective, independent of the case presented by either party to a dispute. This comprehensive and impartial behavioural science perspective is otherwise not available to the Court. Family Reports are prepared following the behavioural science assessment by family and child counsellors (which include Court mediators) and welfare officers appointed under the Family Law Regulations.
Family violence	Conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person's family that causes that or any other member of the person's family to fear for, or be apprehensive about, his or her personal well-being or safety. [As defined in the Family Law Act, section 60D].
Filing	Lodging a document in a registry of the Court and having it stamped with the seal of the Court.
Forms	To begin legal action in the Family Court you will first need to fill in an application form. Different forms are used for different applications. Your solicitor will be able to tell you which form to complete.
Hearing date	Date on which an application is to be heard. The place, time and date for a hearing usually appear in the box in the right corner of Family Court forms.
Hearing other than a Trial	All hearings other than Trials and Directions Hearings.
Information Session	One of the services offered by the Court to tell you the procedures involved in family law matters. You can attend either before you fill in an application or you will attend one after you have filed.
Joint conference	A conference with a registrar and mediator to help resolve disputes about children or finances when other forms of mediation have been unsuccessful. They are only held as a result of a recommendation by a deputy registrar or mediator or by order of the Court. The deputy registrar will talk to both of you about the options available in light of relevant legislation and previous decisions of the Court.
Judge	The person who will make a final decision about your case if it goes to a trial.
Judgment	A decision of a judge, judicial registrar or registrar at a hearing.
Legal proceedings	Covers all the formal legal steps you must make to get a hearing and a decision from the Court. The words "case", "action" and "litigation" have similar meanings to "proceedings".
Mediation services	Services offered by the Court and other Agencies to help settle disputes by agreement rather than a hearing. Sessions deal with child-related issues or combined child-related and financial issues. The way a session is structured will depend on your individual needs and the circumstances of your family. Sessions can be conducted by mediators trained in law, social work or psychology who are expert in child-related and/or financial issues as relevant. In some instances you may be ordered to attend a mediation session by the Court. Mediation sessions are privileged and anything said can not be used later in a trial.
Negotiation	The process where you each set out what you want and try to reach agreement. This can be done in writing or by talking to each other at any time, or through your solicitors.
Order	The Court has the power to order a party to the proceedings to do certain things. Judicial registrars and registrars can only make certain types of orders.
Parental responsibility	All the duties, powers, responsibilities and authority which, by law, parents have in relation to their children. Each parent has parental responsibility for each of their children who is under 18 unless they have agreed otherwise or the Court has made an order which changes this responsibility in some way. Parental responsibility is not affected by any changes in the parents' relationship, such as separation, divorce or remarriage. Parental responsibility can relate to long term issues such as education, religion, serious health concerns, or day to day issues such as attendances at sport, parties, homework and the like.
Parties	Both the applicant and respondent are parties to the proceedings. If a third party is joined or someone is given permission to intervene they also become parties to the proceedings.
Precedent	A case which has already been decided which may serve as an example for other cases.
Pre-trial Conference	Held by a deputy registrar before your case is listed for a trial. It is another opportunity to settle your case. If that is not possible the deputy registrar will determine if your case is ready for trial and will set the date.
Primary Dispute Resolution (PDR) services	These are services offered by the Court and other Agencies to help you settle your dispute by agreement rather than through a hearing. These services include Information Sessions, group programs for parents and children, voluntary mediation (in some registries), Court-ordered mediation, case assessment conferences, conciliation conferences with deputy registrars and joint conciliation conferences with deputy registrars and mediators. These services are also available from community-based organisations.
Procedural orders	Orders which are sought or made in a case to prepare it for hearing or negotiation.
Registry	An office of the Court that files Court documents or accepts Court documents for filing.
Residence	Word used to describe where a child will live. This can be by agreement or Court order. (See also "contact"). The parent with whom a child lives is the "residence parent".
Respondent	The person who responds to the application by agreeing to or opposing the orders sought by the applicant.
Rules	These are the Family Law Rules, sometimes referred to as the Rules of the Court, which set out key obligations such as what forms must be used, when they must be filed and any other requirements of the Court.
Sealed copy	A copy of a document which has an original Court seal (stamp) on it.
Service (of documents)	The provision of documents by one party to another. This can be done by personal delivery, by post and, in some instances, by fax. If a party has an Address for Service filed with the Court, you always arrange for the documents to be delivered to that address. There are rules about how service should be arranged - check with your solicitor. Documents that are being served need to be stamped with the Court seal.
Specific issues	An agreement or Court order about any aspect of parental responsibility other than contact or residence. Specific issues could include a child's education, religion, sporting activities and so on.
Spouse	Your husband or wife, or former husband or wife.
Subpoena	A document issued by the Court which requires a person to go to Court to give evidence or bring documents, books or things to the Court which are in their possession, custody or control or to do both. You have to ask for this. The Court does not issue a subpoena of its own motion.
Transcript	Record of evidence in Court proceedings.
Trial	The final hearing of a matter before a judge (or judicial registrar). Evidence will be heard by the judge who at the end of the trial will make a decision and orders which will finalise the matter.
Trial Judge	Judge hearing the trial of a case.
Witness	A person who gives evidence to the Court about their knowledge of a case.

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