Understanding the lingo in Family Law
The legal jargon used by lawyers and judges can be confusing so here is a list of expressions used and our explanation of what they mean.
Access (to a child) the Court no longer uses this term but spells out where a child is to live and what spend time with arrangements are for the children to spend with the other parent.
Address for service the address you give in court forms used in the family law process where documents can be served on you by hand, post or electronic means.
Adjournment when your matter is in court and the court delays the hearing of it to be heard on another day either with the consent of the other party or by an order of the Court.
Affidavit is a written statement of facts that is presented to the Court. To ensure that it is true you sign the document and swear or affirm that the contents are true and correct. Other witnesses such as accountants and valuers are also obliged to present their facts by way of an affidavit. It is important that affidavits contain facts not feelings. There may be consequences if you knowingly provide untrue information in your affidavit.
Applicant is the person who first seeks orders to be made by the court by filing an application supported by an affidavit. That application is your case and explains what orders you want the court to make
Caveat a document lodged at the titles office to prevent a dealing with real estate.
Conciliation Conference a court ordered mediation where the parties to proceedings, along with their legal representatives will attend a mediation facilitated by a Registrar appointed by the court to assist the parties resolve their case.
Consent orders when parties agree they can file the agreement in the form of orders that will be approved by the Court and thereafter can be enforced. Consent orders can be made in relation to children’s issues, property and financial support as well as other issues.
Contravention If you fail to follow court orders you may be in contravention of the orders and the court has power to deal with people who contravene orders. Also known as a “breach” of an order.
Court Hearing when your matter is listed to be heard by the court, it is likely to be one of several matters listed on any given day. Most family law cases will have multiple court hearings before a final hearing.
Court order an obligation imposed on parties by the court to do something such as file an affidavit, pay money or transfer property or to attend at Court on a given day.
Custody (of a child) an expression no longer used by the Court who now use the term “live with”.
Discovery (disclosure) the obligation of all parties to a family law dispute to provide each other with all information that is relevant to an issue in the case.
Divorce order when the court is satisfied of the technical requirements an order that ends the marriage
Enforcement order when a Court orders someone to comply with a previous court order and may even sign documents on the part of the person failing to comply
Ex parte order an order made in the absence of a party. When a party has refused to attend the Court and the court makes orders advancing the matter in the absence of that party, the court has the power to make final orders ex parte.
FDR or Family Dispute Resolution where a dispute resolution practitioner meets with the parties in the hope of reaching agreement. The court is now requiring the parties in most cases to have engaged in FDR prior to allowing the issue of proceedings.
Family Report a written report by an appropriately qualified family report writer to assist the Court in making decisions about children. This person may be a psychologist or have a social work background.
Family violence violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member) or causes the family member to be fearful. The court has protocols to ensure parties who are victims of family violence ca be safe when attending court hearings.
Filing lodging a document with the court registry such as an application, an affidavit or in response to a subpoena. In most cases this is done electronically via the Commonwealth Courts Portal.
Final order orders made either by consent or by the Court that bring the matter to a conclusion.
Interim orders (also known as interlocutory orders) orders made either by consent or by the Court pending a final hearing.
ICL Independent Children’s Lawyer often appointed by the court in high conflict parenting matters to represent the views of the children to the Court
IVO (also known as FVIO) an Intervention order made by the Magistrates Court of Victoria to protect parties and children from domestic violence. In other states of Australia these are called Apprehended Domestic Violence Orders, Family Violence Restraining order, Family Violence Order or Domestic Violence Order.
Judgment the determination (decision) by the judicial officer after your case has been heard and material read and discussed in Court.
Jurisdiction what powers the court and its judicial officers have to enforce the law that is contained in the Family Law Act and other related family law legislation.
Live with means with whom the children live, it can be either or both parents and sets out the times the children live with either or both parents.
Mediation dispute resolution where parties are assisted by an independent third party to help them resolve their disputes. Parties may be represented by solicitors as mediation (solicitor inclusive mediation) or without legal representation.
Parental responsibility Parents have responsibility to make decisions jointly in relation to the care, welfare and development of their children. This can be varied by agreement or court order. Parents may also have sole decision making in relation to all or specified major long term issues.
Parenting Plan an agreement between the parties about the welfare of children, usually setting out spend time with arrangements and dealing with schooling and medical issues.
Parties refers to both the applicant and respondent to a case(usually the parents of a child or the parties to a marriage or a de facto relationship which has broken down) and can include third parties such as grandparents or trustees in bankruptcy.
Precedent a determination by the Court that is similar to your fact circumstances that you might rely upon as aiding the Court to make a decision in your favor.
Procedural orders orders are made to progress a matter towards a final resolution, for example ordering a valuation of real estate or a business or a date by which time relevant documents need to be supplied or affidavits filed.
Registrar an officer of the court who has is granted certain powers by the Court to make orders, usually for divorces, consent orders and procedural orders.
Respondent the person who responds to an application.
Registry the central location of the court for the filing of documents.
Service after documents are filed, they need to be sent to the other side (service) at their address for service.
Spend time with is the time that children spend time with one of the parties to the case (i.e. the parent that they are not living with)
Subpoena a request for a person to attend court or to provide documents to the court, usually served on other persons such as banks, accountants and medical practitioners.
Transcript a written record of what is said in Court, all court proceedings are recorded. The Court does not provide transcripts, but the parties can apply and pay for transcripts.
