Legal documents are known for their formality, structure—and let’s face it—confusing language. Whether you’re reading a contract, court order, or affidavit, it’s easy to feel overwhelmed by the legal jargon. Understanding these terms is essential to ensure you’re fully aware of your rights, obligations, and options. In this post, we’ll break down some of the most common legal terms you’re likely to encounter in Australia, helping you feel more confident when navigating legal documents.
Affidavit
An affidavit is a written statement made under oath or affirmation. It’s used as evidence in court proceedings and must be signed in the presence of an authorised witness, such as a justice of the peace or a lawyer. Affidavits often include personal accounts or statements of fact relevant to the case.
Plaintiff and Defendant
These terms are often used in civil cases. The plaintiff is the person who initiates the legal action, while the defendant is the individual or party responding to the claim. In criminal matters, the term accused is typically used instead of defendant.
Subpoena
A subpoena is a legal document that requires a person to attend court or produce documents. Ignoring a subpoena can result in serious consequences, including penalties for contempt of court.
Jurisdiction
Jurisdiction refers to a court’s legal authority to hear a case. This can relate to geography (e.g. state vs federal court), the subject matter of the dispute, or the amount of money involved in the case.
Custody and Guardianship
These terms are often used in family law and child protection matters. Custody usually refers to the right to make decisions about a child’s upbringing, while guardianship involves responsibility for a child’s wellbeing and care. In some contexts, these terms may be replaced with “parental responsibility” under the Family Law Act. For matters involving vulnerable children, it’s advisable to seek advice from lawyers specialising in child protection who understand the complexities and sensitivities involved in these cases.
Without Prejudice
This phrase appears in negotiations and correspondence. It means that what is said cannot be used as evidence in court if the matter proceeds to litigation. It allows parties to discuss settlement options openly without fear of those discussions being used against them later.
Binding and Non-Binding
You’ll often see these terms in relation to agreements or decisions. A binding decision or contract is legally enforceable. A non-binding one, on the other hand, serves as guidance or intent but doesn’t carry legal weight unless formalised.
Statutory Declaration
Like an affidavit, a statutory declaration is a written statement of fact. However, it’s used in non-court settings—such as government paperwork or employment documentation—and is signed in front of an authorised witness.
Litigation
Litigation refers to the process of taking legal action through the courts. It includes the preparation, filing, and arguing of a case in front of a judge or magistrate. While many disputes are resolved before reaching this stage, understanding the basics of litigation is important for anyone involved in a legal dispute.
De Facto
A de facto relationship is a domestic partnership between two people who aren’t legally married but live together as a couple. Legal rights and responsibilities for de facto couples are similar to those of married couples, particularly regarding property settlement and parental responsibilities.
Understanding legal language can make a significant difference when reading through contracts, court documents, or formal letters
While this glossary is a helpful starting point, it’s always wise to seek professional legal advice to ensure you’re interpreting and responding to legal documents correctly. Whether you’re dealing with family law matters, property disputes, or other complex legal issues, having the right support makes all the difference.
