Glossary: Common Legal Terms Explained

The legal system can feel like it’s written in another language. Here is a guide to the most common terms you will hear during your matter.

Affidavit

A written statement of facts that is sworn or affirmed to be true before a lawyer or Justice of the Peace. It is used as evidence in court.

Applicant / Plaintiff

The person or company who starts a legal case or “sues” the other party.

Respondent / Defendant

The person or company who is being sued or responding to a court application.

Without Prejudice

A tag put on letters or emails during negotiations. It means the content of that message cannot be shown to the Judge as an admission of fault. It allows parties to speak freely to try and reach a settlement.

Subpoena

A court order requiring someone to come to court to give evidence or to provide specific documents. Ignoring a subpoena is a serious offence.

Litigation

The process of taking legal action through the court system to solve a dispute.

Conveyancing

The legal process of transferring the ownership of real estate from a seller to a buyer.

Intestate

When a person dies without having a valid Will. Their assets are then distributed according to a set government formula.

Costs Agreement

A contract between a lawyer and a client that sets out how much the legal work will cost and how the client will be billed.

Mediation

A formal meeting where a neutral third party (a Mediator) helps both sides in a dispute reach an agreement without going to trial.

Pro Bono

Legal work done for free or at a significantly reduced rate for the public good.

Related Topics

• Court Etiquette Guide
• Initial Consultation Process
• Being Sued Process

Clear Communication

At Bell & Senior, we pride ourselves on avoiding “legalese” wherever possible. We speak your language.

Confused by a document? Contact us for a clear explanation of your rights. Call (07) 5532 8777.