Australian legal terms, explained.

A

Administrative Review Tribunal (ART)

The Commonwealth tribunal that reviews government decisions, including most migration refusals. Replaced the Administrative Appeals Tribunal (AAT) in October 2024.

Adverse costs order

A court order requiring the losing party to pay the winning party’s legal costs. The "loser pays" principle applies in most Australian civil litigation but is subject to many exceptions.

Affidavit

A written statement of facts, sworn or affirmed to be true, used as evidence in court. Affidavits must be witnessed by an authorised person (justice of the peace, lawyer, or similar).

Apprehended Violence Order (AVO) (NSW)

A court order prohibiting one person from approaching, contacting, or harming another. Called an intervention order in Victoria, a domestic violence order in QLD/NT, and a restraining order in WA.

B

Bail

The release of an accused person from custody pending the next court date, usually subject to conditions (residential address, reporting, no contact with witnesses).

Beneficiary

A person entitled to receive property under a will, trust, or insurance policy. In an estate context, a person named in a will.

Binding Financial Agreement (BFA)

A written agreement between spouses or de facto partners about property division, usually entered into before, during, or after a relationship. Provides certainty without going through the court.

Brief

The bundle of documents given to a barrister by an instructing solicitor. Also used as a verb — "to brief counsel" means to engage a barrister.

C

CTP (Compulsory Third Party)

Mandatory motor vehicle insurance covering injury to third parties in road accidents. Each state runs a different CTP scheme.

Caveat

A formal notice registered against a property or estate that warns of a claimed interest and prevents certain dealings until resolved.

Certificate of Title

The document that records the legal owner of land. In most Australian states, titles are now electronic rather than paper.

Common law

Law developed by courts through decisions in individual cases, as distinct from statute (Acts of Parliament). Personal injury claims that aren’t covered by a no-fault scheme are common-law claims.

Conditional costs agreement

A "no win, no fee" arrangement governed by s181 of the Legal Profession Uniform Law. See our explainer.

Consent orders

Court orders made by agreement between the parties, sealed by the court. Common in family law property and parenting matters.

Costs disclosure

The written statement of costs and rights that a lawyer must give a client before acting, under s174 of the Legal Profession Uniform Law.

Counsel

A barrister. "Junior counsel" is a barrister who is not a Senior Counsel; "Senior Counsel" (SC) or "Queen’s Counsel" (QC, in some jurisdictions) is an experienced barrister appointed to the senior ranks.

D

De facto relationship

A relationship between two people who live together as a couple without being married. Property and parenting laws apply to de facto relationships of 2+ years (or shorter if certain conditions are met).

Disbursement

An out-of-pocket cost a lawyer pays on a client’s behalf to a third party (court filing fees, medical reports, search fees). Distinct from the lawyer’s professional fee.

Disclosure

The obligation in litigation to provide relevant documents to the other side. Particularly important in family law and commercial disputes.

E

Easement

A right to use part of someone else’s land for a specific purpose, such as a right of way or a drainage easement. Disclosed on the property title.

Executor

The person named in a will to administer the deceased’s estate. Must apply for probate if the estate is significant.

F

FIRB

The Foreign Investment Review Board. Approves certain property purchases by non-residents and foreign-owned entities.

Family Dispute Resolution (FDR)

Mediation conducted by an accredited Family Dispute Resolution practitioner. Mandatory before filing most parenting applications in court (with exceptions for urgency or family violence).

Family provision claim

An application by an eligible person for provision (or further provision) from a deceased estate where the will inadequately provided for them. See our explainer.

G

Grant of probate

The Supreme Court order confirming the validity of a will and the executor’s authority to administer the estate.

Guardian ad litem

A person appointed by the court to represent the interests of someone who lacks capacity to represent themselves (e.g. a child in a parenting matter, or an adult without legal capacity).

H

Hearsay

Evidence of what someone said outside of court, offered to prove the truth of what they said. Generally inadmissible in court except under specific exceptions.

I

Indemnity costs

A higher level of cost recovery in litigation, awarded where the losing party’s conduct was unreasonable. Typically covers 90-95% of actual costs, compared to 50-70% on the ordinary basis.

Independent Children’s Lawyer (ICL)

A lawyer appointed by the Family Court to represent a child’s best interests in parenting proceedings, particularly where there are complex issues.

Intestate

Dying without a valid will. The estate is distributed under the intestacy laws of the relevant state.

J

Joint tenancy

A form of co-ownership of property where surviving owners automatically inherit the deceased owner’s share. Distinct from tenancy in common.

Judgment debt

A debt arising from a court judgment, which can be enforced through various mechanisms including garnishee orders and property seizure.

L

Letters of administration

The Supreme Court grant authorising someone to administer an estate where the deceased did not leave a will, or where the named executor cannot act.

Liquidated damages

A pre-agreed sum payable on breach of contract, set out in the contract itself. Distinct from damages assessed by the court.

M

MARN

Migration Agent Registration Number — the unique identifier for a registered migration agent in Australia, regulated by OMARA.

Mediation

A structured negotiation facilitated by a neutral third party. Mandatory in many civil and family matters before final hearing.

Mention

A short court appearance, usually to set a date or confirm a procedural matter. Distinct from a substantive hearing.

N

Notice to admit

A formal request in litigation asking the other side to admit specific facts, reducing what must be proved at trial.

O

OMARA

The Office of the Migration Agents Registration Authority, which regulates migration agents in Australia.

P

PCA (Prescribed Concentration of Alcohol)

The legal threshold for blood alcohol while driving. See our drink driving guide.

PEXA

Property Exchange Australia — the electronic platform used to settle property transactions in most Australian states.

Power of Attorney

A legal document authorising another person to act on your behalf. An enduring power of attorney continues to operate if you lose capacity.

Probate

The Supreme Court process of confirming a will’s validity and granting the executor authority to administer the estate.

R

Registered migration agent

A person registered with OMARA to provide migration assistance. Migration lawyers do not need separate OMARA registration if they hold a current practising certificate.

Rescission

The termination of a contract, usually returning the parties to their pre-contract positions. Available in limited circumstances (misrepresentation, mistake, statutory rights).

S

SIRA

State Insurance Regulatory Authority (NSW) — regulates the CTP, workers compensation, and home building compensation schemes in NSW.

Section 32 (vendor statement) (VIC)

A pre-contract disclosure document required from a vendor in Victorian property sales under s32 of the Sale of Land Act 1962.

Senior Counsel (SC)

A barrister appointed by the relevant Bar Council to the senior ranks of the profession, recognised by the post-nominal SC (or KC/QC in some jurisdictions).

Settlement

In property: the completion of a sale, where title transfers and payment is made. In litigation: a negotiated resolution that ends the matter without a court judgment.

T

Testamentary trust

A trust created by a will that takes effect on the testator’s death. Often used for tax planning, asset protection, or providing for minors.

Tort

A civil wrong (other than breach of contract) for which the law provides a remedy. Negligence, defamation, and trespass are common torts.

U

Uplift fee

A premium payable to a lawyer in a conditional costs agreement, capped at 25% of professional costs in personal injury matters under s182(2) Legal Profession Uniform Law.

V

Verification of identity (VOI)

The standard process for confirming a person’s identity in property transactions, typically conducted by Australia Post or the legal practitioner under the relevant verification rules.

W

WIA (Whole Person Impairment)

An assessment of permanent impairment expressed as a percentage of the whole person, used to determine entitlement to lump-sum compensation in personal injury and workers compensation matters.

Witness statement

A written statement by a person about what they observed, used in some courts in place of oral evidence-in-chief.

Workers Compensation

A statutory no-fault scheme providing weekly benefits and medical expenses for work-related injuries. See our NSW guide.