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USE LEGAL TERMINOLOGY IN ORDER TO CARRY OUT TASKS

UNIT BSBLEG305A

from

CERTIFICATE III BUSINESS (LEGAL ADMINISTRATION)

& CERTIFICATE III BUSINESS ADMINISTRATION

HUNTER INSTITUTE OF TECHNOLOGYNEWCASTLE

Unit Notes compiled by Leone McRae

Semester 1, 2009

TABLE OF CONTENTS

SPELLING LISTS..........................................................................................................................................1

THE LEGAL SECRETARY.........................................................................................................................2

CORRESPONDENCE – SUBJECT HEADINGS.......................................................................................3

CONVEYANCING OUTLINE.....................................................................................................................4

CONVEYANCING TERMS.........................................................................................................................5

CONVEYANCING.........................................................................................................................................8

WILLS AND PROBATE TERMS................................................................................................................9

WILLS & DECEASED ESTATES.............................................................................................................11

FAMILY LAW TERMS..............................................................................................................................12

FAMILY LAW PROCEEDINGS...............................................................................................................14

LITIGATION TERMS................................................................................................................................15

LITIGATION................................................................................................................................................17

PREPARATION, FILING AND SERVICE OF COURT DOCUMENTS.............................................18

MOTOR VEHICLE PERSONAL INJURY CLAIMS.............................................................................19

WORKERS’ COMPENSATION IN NEW SOUTH WALES.................................................................20

LATIN TERMS............................................................................................................................................21

COMMERCIAL/CORPORATION LAW TERMS..................................................................................22

COMMERCIAL LAW.................................................................................................................................24

ACCOUNTING TERMS.............................................................................................................................25

LEGAL ABBREVIATIONS COMMONLY USED..................................................................................26

ABBREVIATIONS EXERCISE.................................................................................................................28

CRIMINAL LAW TERMINOLOGY........................................................................................................29

Spelling Lists

Conveyancing Litigation Wills/Probateregistered proprietor plaintiff testamentary dispositionTorrens title defendant testatetransferor deponent attestation clausesubdivision precedent codicildisbursement pleadings engrossmentcaveat interlocutory proceedings beneficiarycovenant interrogatories bequeathrequisitions on title default residuetenancy in common prima facie revocation clausechattel litigious annexuremortgagee negligence administratoradjustments without prejudice executrix

(Note that many words for commercial and corporate law are interchangeable)

Commercial Corporate Criminalbankruptcy incorporated indictable offenceadministrative officer proxy summary offenceliability proprietary company manslaughtercertificate of incorporation common seal aggravated burglarydiscretionary trust prospectus recognisancelicensing laws regulations committal hearingprovisional liquidation amalgamation restitutionfranchise ratification convictioninsolvency debenture sentencenotice of cessation shareholder summary jurisdictionassociation managing director magistraterescission company secretary prosecution

Family Industrial Relations Taxcounselling redundancy Income Tax Assessment

Actannulment retrenchment imputation creditsmatrimonial commission superannuation fundmaintenance duress franking creditdecree absolute enterprise agreement contributiondecree nisi Workplace Relations Act Commissioner of Taxationde facto workers’ compensation fringe benefits taxex parte employment advocate electronic returnmediator appellate jurisdiction tax avoidanceconsent orders termination surchargeapplication for divorce eligibility fiscalrespondent vicarious liability revenue

Legal Terminology Unit Notes Page 1

The Legal Secretary

In “Legal Secretary’s Handbook” read “The Legal Secretary” in the Introduction and answer the following Questions on a separate sheet.

1 Legal secretaries have many and varied roles in the office. Name some.

2 As a legal secretary, what are the most important aspects of working in a legal office?

3 It is important that solicitors’ diaries be maintained accurately. How might a secretary do this?

4 Give two reasons why it is important that a solicitor’s diary be accurately recorded.

5 A good legal secretary should be very aware that her work is accurate and well presented. Besides checking that her typing is free of errors what else should she consider?

6 Why is it so important that legal secretaries be well presented, well spoken and able to communicate in a professional manner?


Correspondence – Subject Headings

Read relevant pages of the Legal Secretary’s Handbook and write in subject lines for correspondence in the following situations. The first one has been done for you.

1. Your firm acts for Mr Carter who is purchasing a property at 368 King Street, Newcastle from Ms Jones. You are writing to the real estate agent.

RE CARTER PURCHASE FROM JONESPROPERTY – 368 KING STREET, NEWCASTLE

2. You are writing to your client, Mr Carter, in the above matter

RE …………………………………………………………….

…………………………………………….………………

3. Your firm acts for the executor of the estate of the late Margaret Mary Purkiss and you are writing to the executor

RE …………………………………………………………….

4. Your firm acts for Miss Dougherty who is selling her property at Unit 4, 23 Richmond Road, Merewether to Mr Adams. You are writing to Mr Adams’ Solicitor.

RE …………………………………………………………….

……………………………………………………….……

5. In the above matter you are writing to Ms Dougherty.

RE …………………………………………………………….

………………………………………….…………………

6. Your firm acts for the Plaintiff, Mr Edwards in a litigation matter. The Defendant is Ms Johnson. The plaint (court) number is No 234 of 2004.

RE …………………………………………………………….

………………………………………………………..……

7. Your firm acts for Mr Parker who is leasing a commercial property – Suite 12, Level 4, 5 Sunnyside Road, Newcastle to Mr Peters.

RE …………………………………………………………….

………………………………………………………….…

8. Your firm acts for the Defendant Watsons Plumbing Pty Limited and the Plaintiff is James Dixon. You are writing a letter to the District Court and the plaint number is No 308 of 2008.

RE …………………………………………………………….

…………………………………………………………….


Conveyancing Outline PURCHASER VENDOR

Finance approvalExamine counterpart contract especially Special Conditions

Pest and Building Certificates

Prepare contractFull disclosureZoningS.149(2) Environmental Planning & Assessment Act CertificateDrainage/sewersTitle SearchDeposited PlanSurvey ReportEasementsSpecial ConditionsSettlement dateDeathTime limitsPenaltiesImplied warranties

EXCHANGE + 10% DEPOSITCOOLING OFF PERIOD BEGINS

Checks Vendor’s warranties with LPINSW enquiry serviceMakes requisitions eg

Land TaxFencesBuilding compliance

Check with Government Departments individually if not using enquiry service

Complete Transfer+ stamp Contract and TransferPrepare Order on the Agent + Strata Requisitions+ Calculate adjustments (on rates etc)

Inform Mortgagee to prepare discharge & calculate balance of mortgage

Replies to Requisitions

Signs Transfer

SETTLEMENT APPOINTMENT(+ tell Mortgagees)

Informs Vendor of adjustments

Advises Mortgagee of cheques to be drawn

Advises pay-out figure for outgoing Mortgagee

SETTLEMENTGets TransferRegisters Transfer+ Certificate of Title+ Mortgage+ Discharge of Mortgage

Gets cheque

Gives Discharge of Mortgage

ADVISE AUTHORITIES OF CHANGE OF OWNERSHIP(Notice of Sale)

Information courtesy of Elizabeth Falconer


Conveyancing TermsAbstract of Title: A document which sets out the history of all transactions of a

property.Adjustment: This is the way that the purchase price of a property is

"adjusted" to allow for expenses (like rates) that have been paid in advance or are owing at the time of settlement.

Auction: A way of selling property so the highest bidder purchases the property.

Bank cheque A cheque obtained from the bank which is drawn on a person’s own account and can be cleared quickly.

Body Corporate: The controlling body in a strata title apartment building or block of flats.

Caveat: An alert that is placed on a property title that tells the Titles Office that someone besides the registered owner claims an interest in the property, and which forbids any dealings.

Certificate of title: The title deed of a property. This document records the legal description of the owners and the land.

Consideration: The money paid in exchange for the promise of the sale of property.

Contract of sale: The document you sign when you buy a property. It details the agreed arrangements between the seller (vendor) and the buyer (purchaser). Sometimes there is a cooling-off period.

Conveyancing: A term often used to describe the buying and selling of property such as vacant land, houses, units, commercial property etc.

Cooling-off period: The number of days which is allowed to a buyer under various laws to get out of the contract without any reason. For example, if a property is bought in a private sale, the cooling-off period is 5 clear business days after the contract is signed.

Covenant: A covenant is like a promise that must be kept by each new buyer of a property. Usually they are "restrictive", which means they stop the owner of the property from doing something. The covenant will usually appear on the title. eg all houses in that subdivision must have a tiled roof, or only colourbond fences are allowed.

Discharge of Mortgage:

A document that passes the land from the mortgagee (lender) back to the mortgagor (borrower) following repayment of monies owing.

Easement: A right which someone other than the owner has to use land for a specific purpose. eg an easement may consist of a the right of a Water Authority to access a drain, which borders someone else’s property.

Encumbrance: A claim or burden on a property. It restricts or limits the owner’s freedom to use or dispose of their property. eg easements, mortgages, caveats, covenants, leases.


Exchange of Contracts:

The swapping of the contracts between Solicitors for Vendor and Purchaser – the full 10% deposit is usually paid at this stage. After this the contract becomes binding and both sides are obliged to complete the matter. It is also usually subject to a 5 working day cooling off period.

Fee simple: The greatest interest someone can have in a property- the most complete form of land ownership.

Identification Survey: Survey of land and buildings – shows building actually on the land, is not closer to boundaries than should be and doesn’t overhang the boundaries. Also identifies street address with cross streets.

Joint tenant: This is a person who owns a property equally with another person. The property cannot be sold unless both owners agree; one joint tenant automatically inherits it if the other dies.

Land and Property Information New South Wales (LPINSW)

Formerly known as the Land Titles Office. It is a state government Department which keeps records for dealings affecting land within New South Wales.

Lease: A temporary interest in property that is given to a tenant by a landlord.

Listing contract: Listing Contract is a copy of the terms and conditions for a draft Contract for Sale of Land – prepared by Solicitor containing various documents which is given to Real Estate Agent so he can list the property for sale.

Mortgage: The right a lender has over the property that is used to guarantee a loan from a mortgagee to a mortgagor.

Mortgagee: A person who lends money to another person and the loan is guaranteed by the borrower's property.

Mortgagor: A person who borrows money from a lender where that person's property is used to guarantee the loan.

Notice of Sale: A form showing details of the property transferred which must be lodged at the LPINSW with the documents which affect the changes of ownership, lodged after settlement. LPINSW then sends the information to the relevant government bodies (such as the Council, Valuer General, Water Board etc so that future accounts will go out to the new owner)

Notice to Complete: A document sent to the party not settling within the time specified within the contract. (usually 4-6 weeks after exchange). It gives the other party another two (or three) weeks to complete the matter and if this doesn’t happen the contract can be terminated and the defaulting party may be liable for damages. If purchasers default they could lose their 10% deposit.

Office of State Revenue:

The State Government office which assesses stamp duty to be paid on Transfer of Land documents.


Order on the agent: A letter from purchaser’s solicitor to real estate agent advising settlement completed and authorising him/her to pay out the balance of the deposit, less commission, usually handed over on settlement.

Particulars of title: This is the description of a property, and its ownership, in the contract of sale. eg Lot No, Plan No., Strata Plan No and Folio Identifier.

Peg out Survey Survey of vacant land.Requisitions on title: These are questions a buyer asks the seller about the property

they are buying.Settlement When all monies are paid by purchaser’s solicitor and

documents handed over by vendor’s solicitor, any mortgages are discharged and matter is said to be completed – keys handed over so purchaser can take possession (if not vacant land)

Stamp duty: A tax in all States of Australia when ownership of certain assets is transferred from one person to another. For example, stamp duty is payable when a car or a house is sold.

Statutory declaration: A written statement by a person that is signed and declared to be true by the person who makes the statement.

Strata title: This is a type of legal structure used in most flats, units and in some retirement villages. It allows a person to own and sell a part of a building, eg part of a block of flats.

Tenancy in common: A type of property ownership where two (or more) people have a separate interest in the same property. This allows owners to sell their share of the property, or to leave it in a will. This is different to a joint tenancy.

Title search: This is the procedure you must follow to get a copy of a certificate of title from the Titles Office.

Transfer of Land: This is the document which conveys the ownership of a property from the seller to the buyer. It is lodged at the LPINSW after settlement with the title documents.

Vendor: A seller of property, especially real estate. Vendor's statement: This is a written statement prepared by the seller of property that

includes information that the buyer needs. It is usually kept by the real estate agent or the seller if no agent is involved. It should also be available before an auction. This statement must be given to the buyer before they sign the contract of sale.

Some Terms from Law4U website, ANTA Toolbox, The Legal Secretary’s Handbook 7th Edition, 2003 and Butterworths Concise Australian Legal Dictionary Second Edition 1997


ConveyancingRead the Conveyancing section of the “Legal Secretary’s Handbook” and answer the following Questions on a separate sheet.

1. What is meant by the term Conveyancing?

2. Name some of the aspects of conveyancing in which Solicitors are involved

3. Strata Title is part of the Torrens Title System. What does Strata Title mean?

4. A real estate agent cannot legally list a residential property for sale without first obtaining from the vendor or his solicitor a …………….?

5. What is the difference between a Peg Out Survey and an Identification Survey?

6. What is meant by “exchange of contracts”?

7. What are Requisitions on Title?

8. Stamp Duty is payable on the Contract. What is meant by “stamping” of the contract?

9. What is a Mortgagee? When a Solicitor is acting for a vendor why would he ask a Mortgagee to prepare a Discharge of Mortgage prior to settlement of a sale?

10. What is a Notice to Complete?

11. What is a settlement?

12. What is an Order on the Agent?

13. What is a Notice of Sale of Land?


WILLS AND PROBATE TERMS

Administrator: The person (male) who administers an estate when a Will has not been left.

Administratrix: The person (female) who administers an estate when a Will has not been left.

Attestation clause: A group of words in a document that guarantee the validity of the signature of the person that signed it. For example, in a will there is a statement that the testator has validly signed the will.

Beneficiary: A person who receives a benefit, usually as the recipient of a gift in a will.

Bequeath: The term used where a Will disposes of personal property. The property can include money.

Bequest: A gift of an asset, usually in a will. Codicil: A document made by a testator that adds to or changes

their will. Estate: The property and assets that are left by a person in their

will. Estate planning: A way of ensuring that a person's estate is passed onto

their beneficiaries in the most financially efficient and tax effective way possible.

Executor: The person (a male) chosen by a testator to carry out their wishes in their Will.

Executrix: The person (a female) chosen by a testator to carry out their wishes in their Will.

Guardian: In relation to a person with a disability, it means a person who makes lifestyle decisions for the disabled person following an order of the Guardianship and Administration Board.In relation to a child, a person who has the legal decision- making right on behalf of that child.

Intestate: This means a person has died prior to making a Will. Joint tenant: This is a person who owns a property equally with

another person. The property cannot be sold unless both owners agree; one joint tenant automatically inherits it if the other dies.

Letters of administration:

A Letter of Administration is a document granted by Registrar of Probate which is used when the deceased has not left a Will. The document allows the estate to be administered.

Mutual will: Wills that are essentially the same, made by two or more people, often between a husband and wife or de facto partners. For example, wills by spouses that leave their assets to each other, depending on who dies first.


Next of kin: The closest relatives. This can be very important, for example, when a person dies without leaving a will and their assets may be distributed to next of kin.

Predecease: To die before, eg a husband may predecease (or die before) his wife.

Probate: A certificate that is given by the Supreme Court in each state, that allows the executor of a will to get on with distributing the deceased's assets. The certificate authorises that the will was valid.

Registration of births, deaths, and marriages:

This is where details of these events must be recorded.

Residue: The part that remains. The words “residuary estate” are often mentioned in a Will, and mean the remainder of the estate.

Revocation: When you take something back or cancel it. For example, a person can revoke a power of attorney or a will - this means it is cancelled.

Tenancy in common: A type of property ownership where two (or more) people have a separate interest in the same property. This allows owners to sell their share of the property, or to leave it in a will. This is different to a joint tenancy.

Testator: The person (male) who makes a will. Testatrix: The person (female) who makes a will.Trustee: A person who holds property for the benefit of another

person. For example, if property is left to a child under a will, the trustee might look after it until the child becomes an adult.

Will: A legal document that says how you want your assets to be distributed after your death.

Witness: A person who observes another person sign a legal document to prove the signature is valid, for example a witness to a will.

Some Terms from Law4U website, ANTA Toolbox and Butterworths Concise Australian Legal Dictionary Second Edition 1997 and The Legal Secretary’s Handbook 7th Edition, 2003.


Wills & Deceased Estates

Read the section on Wills and Deceased Estates and answerthe following questions on a separate sheet

1. A persons making a Will is referred to in the document as the

……………………… (male) or .……………………… (female). A person

who will carry out the deceased person’s wishes as set out in the Will is

called a/an ……………………….(male) or a/an ……………………………

(female).

2. What is a beneficiary?

3. What is a Codicil to a Will?

4. Why is it important that people have a new Will typed when they get married or divorced?

5. In a Deceased Estate what is the difference between a person who has died Testate and a person who has died Intestate?

6. A Solicitor will apply for an Application for Probate when a person has died

………………………….. or an Application for Letters of Administration

when a person has died ……………………………

7. When Probate has been granted, the Executor or Administrator usually

publishes a Notice of Intended Distribution. What purpose does this

serve?

8. Who executes a Notice of Death and Why?

9. When is an Estate considered to be “wound up”?


FAMILY LAW TERMSAffidavit: A written statement by a person who swears or affirms that

what they have written is the truth. The statement is sometimes used instead of oral testimony in a court. The person who makes the affidavit is called the deponent.

Affidavit of service: A written statement by a person who swears that they have served a document according to the rules of a court.

Annulment: This is the way that a marriage is cancelled as if it never officially existed. You apply for it through the Family Court. If it is granted an order is made called a decree of nullity.

Applicant: A person who begins a court action in some jurisdictions. For example, the person who applies for a divorce at the Family Court is called an applicant. The other side in the dispute is called the Respondent.

Application for Divorce: The document which is filed in the Family Court which commences divorce proceedings.

Child: If used as a legal term, it usually means a person under the age of 18.

Child maintenance: Payment of money by a parent as a contribution to the living expenses of a child that lives with the other parent.

Child support: Payments made to a parent who supports their child or children under the Family Law Act.

Child Support Agency: A government agency that is closely connected to the Australian Taxation Office. It can get information from the Taxation Office and use it to work out how much child support should be paid. It collects the child support, pays it out, and enforces it.

Consent Order: When the participants in a dispute reach an agreement and a court confirms this through a court order.

Counselling: A way of getting participants in a family law dispute to get together and work out a settlement.

De facto relationship: The relationship between a man and a woman where they are living together in a marriage-like arrangement.

Decree nisi: The first order the Family Court makes to end a marriage. Usually a month later there is a decree absolute.

Decree absolute: The final order the Family Court makes to end a marriage, usually a month after the decree nisi.

Decree of nullity: The order of the Family Court that a marriage never legally existed.

Deponent: The person who makes a statement in an affidavit. Dissolution of marriage: The legal term for a divorce; the end of the marriage, which

is officially finished after the decree absolute.

Divorce: The end of a marriage. See Dissolution of marriage. Family Court: This federal court was set up in 1975 by the Family Law Act.

It deals with all sorts of issues about families for most Australians, including divorce, the welfare of children, property, maintenance etc.

Family dispute Process to try and attempt discussion of issues through


resolution: such avenues as negotiation, counselling and conciliation without resorting to court processes with a family dispute resolution practitioner who is independent of all parties.

Family Law Courts: The Family Court and the Federal Magistrates Court. Guardian: In relation to a child, a person who has the legal decision-

making right on behalf of that child.Living with: Replaces the concept of “Residence” referring to where a

child will live after a divorce.Maintenance: A payment that is made to another person as a result of an

agreement or order under the Family Law Act. Maintenance is usually paid to a spouse and/or a child in regular instalments.

Marriage: According to the law, it means a union of a man and a woman that is intended to be permanent. A valid marriage must be performed according to the Marriage Act.

Matrimonial property: The property that can be considered as part of a property settlement or property order, following separation or divorce under the Family Law Act.

Order: A command made by a court that must be followed. For example, when the Family Court tells a spouse to pay maintenance, it is called a maintenance order.

Parenting plan: A written agreement between parents that covers various aspects of a child's welfare, such as where they live, who they have contact with, etc.

Property order: An order made by the Family Court that distributes the property of a separated or divorced couple; or an order made by a state court in the case of de facto partners.

Respondent: The person that is taken to court by another person (the applicant). For example, in the Family Court, the spouse who receives an application for divorce is called the respondent.

Service: This is when a court document is delivered to someone according to the court's rules. For example, you must serve an application for divorce on your spouse if you want the Family Court to hear the case.

Spending time with Word used to describe the right of a parent to see their child who was not living with them after a divorce or separation – (formerly referred to as “Contact”).

Terms from Law4U website, Legal Secretary’s Handbook 7th Edition, 2003, ANTA Toolbox and Butterworths Concise Australian Legal Dictionary Second Edition 1997


Family Law Proceedings

Read the relevant section of the Legal Secretary’s Handbook and answer the following questions on a separate sheet.

1. What is the purpose of the Federal Magistrate’s Court?

2. Where can you obtain family law forms?

3. What are the grounds for Divorce in Australia?

4. What is the document a solicitor prepares to commence divorce proceedings on behalf of a client?

5. Which documents are filed at the Family Court Registry or Federal Magistrate’s Court?

6. If a couple seeks a divorce within the first two years of marriage what must they do?

7. What is an Application for Maintenance?

8. What do the Family Law Rules require parties to do before they consider instituting family law proceedings in the court?

9. What is a Pre-Trial Conference?

10. What is a parenting order?

11. What does the term “Shared Parenting” refer to?

12. What does the term “Child Support” refer to?


LITIGATION TERMSAcquittal: An acquittal occurs when the defendant is set freeAdjournment: This happens when a court (or tribunal) case is postponed until

another day. Usually the court decides if a case will be postponed. Affidavit: An affidavit is a statement, sworn or affirmed before a person

authorised to administer the oath, that the details given are correct. This statement can be used in court

Affidavit of service: A written statement by a person who swears that they have served a document according to the rules of a court.

Alibi: A claim by a person that he/she was somewhere other than the place the time the offence was committed, at the time it was committed.

Appeal: The process of applying to a higher court or tribunal for a reconsideration or rehearing of a case, on the grounds that there has been an error in the decision on question of law, or mistakes of fact and law

Appellate jurisdiction: The right of a court to hear and determine an appealArbitration: A way of deciding a dispute without going to court. Usually it is less

formal and a lot cheaper. Bail: A way that a person charged with a crime can be allowed to live in

the community until their case is heard by a court. Balance of probabilities: Standard of proof used in civil cases, it means that a fact is more

probable than not. For example, in a de facto relationship the parentage of a child has to be proved on the balance of probabilities; in a criminal case charge must be proved beyond reasonable doubt

Barrister: A lawyer who mainly works in courts as an advocate, and has been accepted as a member of the Bar.

Brief: The documents a solicitor prepares to explain to a barrister the details of a court case.

Callover: Litigation matters are placed in Court Registry list and given a callover date. At this time the date is set when the case will be heard.

Case law: The rules of law that have been established by judges in previous cases. This can also be called the common law.

Civil law: Laws that deal with things other than crimes. Committal: This is a special type of preliminary criminal hearing at the

Magistrates Court to decide if there is enough evidence to send a person to trial.

Conciliation: A way of settling disputes that avoids the court, and is usually a lot cheaper. Decisions are made when the participants agree, rather than by the judge.

Conduct money: A sum of money paid by a person who subpoenas a witness, so the witness can get to and from court.

Conference: Meeting between barrister and solicitor and often the client, held in barrister’s office – known as “chambers” . (Can also have a conference between solicitor and client held in solicitor’s office).

Criminal law: Legislation and common law rules that are about crimes and the penalties attached to them.

Damages: Compensation that is awarded by a court for an injury or some loss suffered by a person.

Defendant: The person who is taken to court by another person or the police. Hearing: This is another name for a case that is held before a judge,


magistrate or tribunal. In camera: A hearing where certain people may be excluded, for example, the

media or people not necessary to the decision making of the court. This is usually ordered because of some hardship to participants if the case is heard in public. Most courts are open to the public.

Indictable offence: An offence which can be prosecuted before a judge and jury. What comprises an indictable offence differs between various jurisdictions. (Generally a major offence - eg murder, manslaughter, armed robbery).

Indictment: Information presented or filed, as provided by law, for the prosecution of an offence.

Instruct: This is what you do when you tell a solicitor what to do. This is why solicitors say they are "acting on the instructions of my client". A solicitor also "instructs" a barrister to appear in court.

Judge: The person who hears a case in court and makes legal decisions. They are not public servants, and usually cannot be sacked, so they are not under the control of the government

Judgement: The decision of a Judge after hearing a case. Often it will be called an order.

Jury: The people who hear and decide the truth of facts that are presented in certain court cases. In criminal cases a jury is made up of twelve people; in civil cases it may only be four people.

Litigation: Legal actions or matters which are subject to Court proceedingsMagistrate: A judicial officer who presides over the lower courts. Now addressed

as “Your Honour".Negligence: Where you claim that a person has not acted carefully, according to

what is accepted as the proper standard of care. For example, a lawyer has to operate according to the usual professional standards of their profession.

Plaintiff: The person who begins a civil case in court. Statement of Claim: A legal document starting legal proceedings where facts are set out

and remedy sought.Subpoena: This is an order that directs a person to produce documents to the

court, or to attend court to give evidence, or bothSummary Offence: Offence not punishable on indictment or for which no procedure is

specified; generally minor offences dealt with by a Magistrate in the Local Court

Trial: A case in court where the truth of facts are decided by a judge (and sometimes a jury) according to the rules of the court.

Without prejudice: A written or oral statement, usually by a lawyer, that is made in an attempt to settle litigation and cannot be mentioned in court. This is to encourage a free discussion of the dispute.

Witness: A person who appears in court to give evidence. Also, a person who observes another person sign a legal document to prove the signature is valid, for example a witness to a will.

Some Terms from Law4U website, TAFE Learner Guides on Legal Terminology and Litigation Procedures and Butterworths Concise Australian Legal Dictionary Second Edition 1997


Litigation

Read the relevant section in the Legal Secretary’s handbook and answer the following questions on a separate sheet.

1. What is meant by the term “litigation”?

2. In a litigation matter, what is the difference between a Plaintiff and a Defendant?

3. Why is confidentiality so important in litigation matters?

4. Local Courts are presided over by a Magistrate, they hear Civil and Criminal cases. What are some examples of types of cases heard in the local court?

5. Summary offence cases are heard and determined by a Magistrate of the Local Court. Give three examples of a summary offence. Give three examples of an Indictable Offence

6. What would happen at a committal hearing?

7. In criminal cases heard by a Judge and Jury in the District Court or Supreme Court who determines whether the defendants are guilty or not guilty and who imposes the penalty?

8. The Supreme Court is the highest Court in the State and is presided over by Judges. The Court is divided into two Divisions – name them.

9. The High Court is the highest court in the Australian judicial system. Where is it located and what are its functions?

10. What do you mean by saying a Judge is “going on circuit”?

11. What are some of the rules of etiquette when attending a court case?


Preparation, Filing and Service of Court Documents(Litigation)


1. What is the purpose of the Civil Procedure Act 2005?

2. What details appear on the front page of the new forms?

3. What are the “pleadings”?

4. How many copies of court documents are usually prepared and filed?

5. Name three ways documents may be served.

6. If documents are served personally, who might do this?

7. What is an Affidavit of Service?

8. What is a Letter of Demand?

9. In the Local Court when would a Plaintiff’s Solicitor issue a Statement of Claim? What about the District Court?

10. What is an Examination Order?

11. What is a Garnishee Order?

12. What is a Defence and when should it be filed?

13. Where are bankruptcy proceedings heard? How much must the debt be to support a creditor’s petition?

14. When winding up a company because of debts, in which court are proceedings held?


Motor Vehicle Personal Injury Claims


1. Which Act deals with motor vehicle accidents occurring after 5 October 1999?

2. What is Third Party Insurance and who can claim it?

3. When injured in a motor vehicle accident a person sees his/her solicitor who takes a detailed statement which is usually then typed up. What details does the solicitor need to know?

4. Why does the client usually sign medical authorities at this stage?

5. The solicitor prepares a Motor Accident Personal Injury Claim form which is signed by the plaintiff. Who should it be served on? When? What else is served with it?

6. What is CARS? What is its function?

7. What might compensation include?

8. In motor accident actions what documents must be served with the Statement of Claim?

9. How can solicitors find out as much as they can about the evidence available to their opponent prior to a hearing?

10. What is a Subpoena, and how many copies should be filed?

11. Why are medical reports and hospital records obtained in a motor vehicle accident claim?

12. Solicitors will make appointments for their client to be examined by a medical practitioner. What does he or she do once the appointment has been made?

13. Why might a solicitor subpoena an expert to write a written report in a motor vehicle accident claim?

14. What happens if the case is settled prior to the hearing?

15. How and why do Medicare and Centrelink come into play in a motor vehicle accident claim?


Workers’ Compensation In New South Wales

Access Workers Compensation Website and answer the following questions on a separate sheet. (www.wcc.nsw.gov.au)

1. Under About Us:a) What is our role?b) What are our objectives?

2. Under Resolving your Dispute:a) What types of matters might disputes arise about?b) Who can lodge an application?c) Do I need assistance?d) How much does it cost?

3. Under How the Process works – read through it all and print the page including the table showing the guide to how the process works, down to parties are encouraged to settle their dispute etc.

4. Go to Forms, Form 2 Application to Resolve a Dispute. Open the MS Word version. Read through it all and print a copy of page 1 only.


Latin Terms

actus reus a guilty act. Voluntary actions or omissions constituting a crime, the physical element of an offence.

ad diem to the (appointed) dayad litem for a lawsuit. The phrase is used on the front of letters of

administration made solely for the purpose of particular litigationad referendum for further considerationaudit the systematic examination of accounts for the purpose of

determining their validity and accuracybona fide in good faithcaveat emptor let the buyer bewareconsortium vitae

spirit of the marriage

et al and othersex officio by virtue of officein extensio in fullinter alia among other thingsmens rea a guilty mind. The state of mind required to constitute a particular

crime, or the mental element of an offenceobiter dictum a remark in passing. Judicial observations that do not form part of

the reasoning of a case.prima facie evidence

a first-hand impression of an incident. This evidence can be enough to establish a fact or to raise a presumption of fact

pro rata fixed or agreed proportionratio decidendi reason for deciding. Any indispensable factor in the process of

reasoning leading to a judicial decision. Rationes decidendi of high courts are binding on lower courts by virtue of the common law doctrine of precedent.

sub judice not yet judicially settledsui juris full legal capacityultra vires "beyond the power". Used to describe an action by a tribunal or

other body that is beyond what they are allowed to do. It is a ground for appeal. In reality it usually means the body defied the legislation that governs its action.

OLD ENGLISH TERMSaforesaid said or named beforebequeath to leave, commit or entrust personal property by Will to anotherhereinafter afterword in this documenthereunder under thishereunto to this point of timenotwithstanding in spite of, nevertheless, however or yetpredecease death before another’s deathwhereof of whichwhereto to which or to whatwhomsoever whatever person

Terms from ANTA Toolbox and Butterworths Concise Australian Legal Dictionary Second Edition 1997


COMMERCIAL/CORPORATION LAW TERMSACN Australian Company Number – a number that is allocated to

every company by ASICAGM Annual General Meeting. A meeting of the members of an

organisation held once a year to discuss the activities of the past year and to present the accounts for that year

Articles of Association

Document which details the way a company shall function

ASIC Australian Securities and Investments CommissionASX Australian Stock Exchange – the market for the selling and

buying of sharesAudit The examination of accounts by an auditorAuditor A person who examines accounting records and systems to

determine whether the records are accurate and whether accounting systems are operating efficiently

Bankrupt A person legally declared as unable to pay their debtsCertificate of Registration

Certificate issued when a company is created

Company An association of a number of people with common goals or objects; the term usually denotes a business or professional association. It is a legal entity, separate and distinct from its shareholders

Company Seal (or Common Seal)

A rubber stamp bearing a company’s full name and company number; sometimes used when companies sign documents

Dividend The return from investment in shares. It must only be paid out of profits. They are declared from time to time as sufficient funds become available

Insolvent The state of not being able to pay debts as and when they fall due.

Liquidation Winding up the financial affairs of a business or company by selling all assets

Memorandum of Association

A document which governs a company’s business activities and sets out the name, registered address, objects, capital and liability of the shareholders

Minutes A written record of all proceedings at general meetings and meetings of the Board of Directors. They should record resolutions and results of any voting

Proxy A person with authority to vote at a meeting in the interests of the shareholder/member who has appointed him. Also a written instrument signed by a member which appoints a representative

Receiver A person appointed by a creditor or court to investigate the affairs of a company which has run into financial difficulties. They have the power to do all things necessary or convenient for the purpose to be carried out

Shelf Company A company formed but not actually engaged in businessSSE Sydney Stock Exchanget/a Trading as …….Trustee A person who holds property on behalf of and for the benefit of

another

Some Terms from Butterworths Concise Australian Legal Dictionary Second Edition 1997 and The Legal Secretary’s Handbook, 7th Edition 2003.


Commercial Law

Read Commercial Law in the Legal Secretary’s Handbook and answer the following questions on a separate sheet.

1. What type of work might a Solicitor who practices commercial law be involved in?

2. What is a company?

3. What is an Australian Business Number (ABN)?

4. What is a Trust?

5. What is ASIC and what does it do?

6. What is ACCC and what does it do?

7. What is FIRB, where is it, and what does it do?

Have a look at the documents used in commercial law.


ACCOUNTING TERMS USED IN A LEGAL OFFICE

Read relevant section of the Legal Secretary’s Handbook – Accounting Procedures

General Account An account operated by legal firms for receipt of fees paid by clients and for payment of expenses incurred in running a practice eg wages, rent, electricity. It is also known as the office account and earns interest

Trust Account An account in which moneys are held on behalf of another party eg a solicitor’s client. Strict rules apply, does not earn interest. Cannot have a debit balance.

Controlled Money Money held on behalf of and at the direction of a client – usually held in a financial institution eg building society, cash management trust etc, earns interest. It is not held in the solicitor’s general or trust account

Bank cheques A cheque issued by a bank and drawn directly upon a person’s account

Transit Money Money received by solicitors to be paid or delivered to a third party (must be paid before end of next banking day unless otherwise instructed by client)

Petty Cash Cash available for small items of expenditure such as morning tea, newspaper, stationery required urgently, taxis etc. (Voucher should be completed with original receipt attached)

Costs Agreement (or Retainer Agreement)

An agreement between solicitor and client on how client will be charged for services of solicitor, usually given at beginning of matter

Bill of Costs A bill (account) rendered at the completion of the matter detailing activities performed on behalf of the client together with amount charged. (Sometimes an interim bill is sent to client during the progress of the matter to recover costs and/or disbursements)

Disbursement An item of expenditure, eg title search, filing fees, postage etc

Time Recording The tracking and recording of time people who are working on behalf of a client spend on certain files and client-related activities. Time spent on every activity eg preparing a letter, client conferences, compiling a brief to barrister, telephoning clients, is recorded and client pays for this time


Legal Abbreviations Commonly UsedAbbreviation Meaning

AAT Administrative Appeals TribunalA-G(Cth) Attorney General (Commonwealth)AIRC Australian Industrial Relations Commissionapptmtaka also known asApp Appealapp appendix (pl. apps)apptmt appointmentASIC Australian Securities & Investment CommissionAssoc Associationats at the suit of (used in subject heading when acting

for defendant eg Brown ats Smith)bnk chq bank chequeCARS Claims Assessment & Resolution Servicechq chequecl clauseconv conveyancingCSL Contract for Sale of LandCT Certificate of TitleDCJ District Court Judgedec’d Deceaseddef defendant, definition, defence (look at context)del deliverdft draftDist Ct District CourtDPP(NSW) Director of Public Prosecutions (jurisdiction)DX document exchangeE&OE errors and omissions exceptede/b employed byenc enclosureet al and others (a number of parties eg Smith et al)etc and so onex exhibit, example, exemption (look at context)exch exchangeFam C A Family Court of Australiafax facsimileFed C of A Federal Court of AustraliaFIRB Foreign Investment Review BoardFLaw Family Lawfol folios (plural=fols)Fol Id Folio Identifier (eg Folio Identifier 12/12345)HC of A High Court of AustraliaICAC Independent Commission Against Corruptionid the samein liq in liquidationincls inclusionsIRC(NSW) Industrial Relations Commission of NSWJT Joint tenantskm/h kilometres per hourLEC(NSW) Land & Environment Court of NSWLoc Ct Local CourtLPI or LPINSW Land & Property Information NSW (Dept of Lands)


med rep medical reportmtgee mortgageemtgor mortgagorMVA Motor Vehicle AccidentN/Death Notice of DeathNA Not applicableNK Not knownNS Notice of Sale/Notice of Sale of Transfer of LandOA Order on the AgentOff Acc Office AccountOff Mgr Office ManagerOSR Office of State Revenuepa per annum (each year)pchsr purchaserper se by itself or taken aloneph telephoneplntf plaintiffpls pleasePOA Power of Attorneyppty propertyPrbte Probateprep prepareProtho ProthonotaryQC Queens Counsel (Barrister)re regarding, in the matter of (eg Re Smith sale to Long)reg’d mail registered mailreg’d off registered officeReg’r RegistrarRTA Roads & Traffic AuthorityS/D (or SD) Stamp DutySC Senior Counsel (Barristers)SC (NSW) Supreme Court (jurisdiction)Sch Schedule (plural=schs) SLC Statement of Liquidated ClaimSOC Statement of Claimsubcl subclause(s)subpara subparagraph(s)Sup Ct Supreme Courtt/as trading asTBC To be confirmedTBA To be advisedT&C Terms and conditionsTfr Transfer v. versusVG Valuer Generalviz videlicet (namely; that is to say)vol volume (plural=vols)W’out Prej Without PrejudiceWC Workers CompensationWCC Workers Compensation Commission

Some abbreviations taken from Butterworths Concise Australian Legal Dictionary Second Edition 1997, TAFE Learner Guide on Legal Terminology & Law4U website


Abbreviations ExerciseYou are a legal assistant and the solicitor you work for has gone to a conference for the day and has left some files on your desk with notes attached. Write out in plain English terms how you would explain what the solicitor wants done to a new employee who has not worked in a legal office before.

Make sure you cover all words in italics and underlined in your explanation. Where the term is abbreviated please write out the full word and the correct meaning in this context (where it is not obvious). Please write your answers on a separate sheet.

a) Matter of Andrea Thompson sale of her house.

Pls phone vendor and advise her that contracts were exchanged today and full 10% deposit paid and s’ment will take place in six weeks’ time.

b) Matter of Allan & Anne Jeffreys purchase of residential property from Williams.

Pls write usual ltr to pchsrs asking for chq in favour of OSR for $845.00 for S/D. Pls also type a Tfr and leave it in the file.

c) Workers’ Compensation matter of Kenneth Rose

Mr Rose was e/b Turton Constructions Pty Ltd. Pls type dft Appl’n to Resolve a Dispute according to my handwritten notes and do the usual covering ltr to the WCC.

d) In Family Law matter of Patricia Anne Moore.

Pls telephone Mrs Moore and ask her to make an apptmt with me to come in and discuss her Appl’n for Divorce.

e) In Ken Smith’s POA matter.

Pls forward the original POA today to Mrs Smith by reg’d mail.

f) In MVA matter of Peter Cummins.

Pls type a w’out prej ltr to the Insurer regarding his MVA Third Party Claim as per my handwritten letter.

g) In Paul Edmonds’ Sale

Mr Edmonds wants to sell his ppty and has dropped in his CT. Please type a Deed receipt for him.

h) In Estate Scott Mark Chapman.

Mr & Mrs Chapman owned their home as JT’s. Please type a N/Death to transfer the property to Mrs Chapman’s name as sole owner.


CRIMINAL LAW TERMINOLOGY

Do a Google search on Criminal Law terms (in Australia) and take the first link -Law Society of New South Wales.

Read the criminal law terms and write or type out the meaning of the following terms:

Arraignment

Bail

Burden of Proof

Client legal privilege

Committal

Common Law

Double jeopardy

Obiter-dictum

Presumption of innocence

Standard of proof

Strict liability

Sub judice

Voir dire

Without prejudice
