Glossary
A
- Abate
- To interrupt a legal proceeding, such as a court case.
- Abuse of Process
- The act of misusing legal proceedings.
- Acceptable standard
- The standard of care from a doctor or another medical professional that is considered acceptable.
- Accomplice
- A person who helps or assists another person when they commit a crime.
- Accredited Personal Injury Specialist
- A lawyer specializing in personal injury claims and who has received an accreditation in recognition of their expertise.
- Accredited Specialist
- A lawyer who has received an accreditation in recognition of their special expertise in a particular area of the law.
- Accused
- A person who has been accused by someone else of committing a crime or an offence.
- Acquittal
- When a person is found "not guilty" by a judge or jury.
- Act
- A law that has been passed by the Australian Parliament.
- Adduce
- The act of providing evidence to support an argument in a court.
- Adjournment
- A suspension of a court proceeding.
- Adjudication
- A legal method of resolving disputes that involves presenting arguments to an adjudicator, who renders the final decision within a time limit. It's typically used in the construction industry between two parties who are disputing over unpaid payments.
- Administrator
- A person whose job is to administer a deceased person's assets to their beneficiaries.
- Advance Care Directive
- Instructions that outline how a person wishes to receive care for when they're no longer able to make their own decisions.
- Affidavit
- A written statement containing evidence for a court proceeding which the signor verifies to be true.
- Agent
- Someone who acts on behalf of someone else in legal matters.
- Aids And Equipment
- Devices that are given to people with disabilities to improve their lifestyle and wellbeing. Examples include braces, wheelchairs, and hearing aids.
- Appeal
- A plea to a higher court to review a case when the defendant believes that the judge made an error in their decision.
- Appellant
- Someone who files an appeal.
- Applicant
- Someone who applies to the court to start a case against another person or entity.
- Apportionment
- When a loss is allocated between insurers.
- Appraisal Of Your Claim
- A process in which a lawyer appraises your claim to determine if it's worth pursuing.
- Arbitration
- The process in which two parties present their arguments to an arbitrator, who makes a decision based on their findings.
- Asbestos
- A fibre used in construction in Australia up until 1985 and which is extremely hazardous when inhaled.
- Asbestosis
- A medical condition caused by the inhalation of asbestos, leading to difficulty breathing as well as scarring and hardening of the lungs.
- Asylum Seekers
- Individuals who seek asylum, or safety, in Australia from the governments in their home countries.
- Attendant Care
- Care provided to someone at home by an attendant, who sees to their essential daily needs.
- Attorney
- An interchangeable term with lawyer and solicitor.
B
- Bail
- The act of releasing someone who has been arrested (often only after they pay a fine) if they agree to attend their court hearing on a specific date.
- Barrister
- A specialized law practitioner who acts independently to provide legal advice, mediation, and arbitration for defendants and their lawyers.
- Beneficiary
- Someone who receives a benefit from a trust or estate.
- Binding Decision
- A decision made in a higher court that becomes binding on all courts beneath it.
- Birth trauma
- The trauma inflicted on a baby during labour, and also a type of claim.
- Black Lung
- A type of lung disease that causes coughing, chest tightness, and difficulty breathing.
- Book build
- The process in which the price of securities in a disclosure document are maximized.
- Breach of contract
- The breaking of stipulations or agreements within a contract by one or more parties.
- Breach of duty
- The act of a doctor or another medical professional breaching their duty to treat their patients up to a reasonable standard of care.
C
- Care And Assistance
- Refers to the home-based care and assistance provided to individuals who are injured, ill, or disabled.
- Case Law
- Laws in Australia that are made by court judges as a result of their case decisions.
- Case plan
- A written plan that sets out how a child's needs for care and protection will be met.
- Causation
- An area of the law that looks at the events that caused an incident or crime to occur, to see what caused it and if the cause was valid.
- Chamber Magistrate
- A person who provides information about court cases and proceedings.
- Chattel
- Objects on a property, such as furniture, that are not fixed and thus can be picked up and moved.
- Civil Law
- A body of law that governs civil, not criminal, matters, which typically consist of disputes between people (as well as other entities, like businesses).
- Claim
- A legal request for monetary compensation to cover damages or losses that someone suffered.
- Claimant
- Someone who files a claim on insurance.
- Class Action
- A type of lawsuit in which multiple claims against one person or organisation are compiled into one large lawsuit.
- Clerk (or Law Clerk)
- Someone with legal education or expertise who provides assistance to lawyers, judges, and the like.
- Client Charter
- Written statements that outline how a business promises to work with their client with respect to their values and policies.
- Codicil
- A legal document that is used when amendments need to be made to a will.
- Commercial Law
- The body of law applied to businesses and corporations.
- Common Law
- The body of law created by judges based on cases and verdicts of the past.
- Common Law Claim
- Personal injury claims that are based on negligence and a breach of a duty of care.
- Common Law Damages
- See "Damages/Common Law Damages."
- Common Property
- Areas of a property that aren't owned by any one person or entity.
- Comparative Negligence
- A type of negligence that a defendant can claim when they are being sued for damages. It states that the plaintiff or claimant was also negligent to some degree and is partially responsible for the injuries or damages that followed.
- Compensation
- The money due to a person who has won a lawsuit or an insurance claim as reparation for losses and damages to their person or property.
- Compensation Calculator
- A calculator that estimates how much compensation an individual can sue for.
- Complainant
- Someone who files a legal complaint against someone else or an entity. Also another word for a plaintiff.
- Comprehensive insurance
- The highest level of policy coverage that an insurer offers.
- Compulsory Third Party (CTP) Insurer
- A form of auto insurance that covers Australian drivers when road accidents that result in injuries or death occur. CTP insurance is required by the Australian government.
- Conditional Costs Agreement
- An agreement which states that the payment of a law firm's fees are conditional upon obtaining successful results.
- Confidentiality
- An agreement in which private information, such as that shared between a plaintiff or claimant and their lawyer, stays confidential.
- Consent Order
- An agreement between two parties (i.e., between two parents regarding custody of their children) which is approved by a court.
- Consultation
- A preliminary appointment with a legal professional, such as a lawyer, to share information and determine if the case is worthwhile pursuing.
- Consumer rights
- Protections granted to consumers when they have a problem with goods or services they purchased.
- Contingency Fee
- A type of fee that is banned in Australia which is calculated as a percentage of the amount of compensation the plaintiff or claimant wins.
- Contract
- An agreement between two or more parties that is legally binding.
- Contributory negligence
- A common law tort term that refers to someone, such as a plaintiff, whose negligence of their own safety contributed to the harm they suffered.
- Conveyancing
- The transfer of ownership of land or property from one person or entity to another.
- Conviction
- A "guilty" verdict in a court case.
- Cooling-off period
- The time period after someone purchases something or signs an agreement during which they can change their mind about it.
- Coronial Inquest
- See "Inquest."
- Corporate Responsibility
- The responsibility that corporations have to their stakeholders to be successful.
- Corroboration
- A second source that corroborates a testimony or finding brought by a prior source.
- Cost Agreement
- An agreement between a lawyer and their client that lays the framework for how the lawyer will be paid for their services.
- Costs
- The expenses associated with a court case, including lawyer and court fees.
- Counsel
- A legal advisor.
- Counterclaim
- A claim that is filed in response to someone else's claim.
- Covenant
- A legal agreement between two or more parties to do or not do something.
- Criminal Law
- The body of law that governs criminal acts.
- Cross-Claim
- A claim that the defendant makes against the plaintiff for losses or damages they believe the plaintiff caused them.
- Cross-examination
- Asking a court witness questions after they've already made their initial statement.
- CTP
- Compulsory Third Party.
- Custody
- In criminal cases, the state of imprisonment. In family cases, the state of guardianship of a child.
D
- Damages
- See "Damages/Common Law Damages."
- Damages/Common Law Damages
- Payments made to cover the financial losses that a claimant or plaintiff suffered, either to themselves or their property.
- De facto relationship
- The legal term for the relationship between two adults who live together but aren't married.
- Deceased Estate
- Assets left over after someone becomes deceased.
- Decree
- An order from a judge.
- Defamation
- A body of law that protects Australian individuals and other entities from having false and damaging claims made against them that hurt their reputation.
- Defective
- A will that is invalid.
- Defence
- The contesting of a claim or statement made against the defendant in a court case.
- Defendant
- The person or organisation in a court case who is being accused of wrongdoing and must defend themselves or plead guilty.
- Deferred professional fees
- Fees charged by a legal professional that are deferred to a later date, meaning they aren't due up front.
- Delayed or missed diagnosis
- A type of claim in which a medical practitioner caused a delayed or missed diagnosis in a patient, leading that patient becoming injured or ill.
- Dependency Claim
- A claim for the loss of financial benefits that a dependent would have received had their parent or guardian not passed away.
- Dependency damages
- Payments due to a dependent of a deceased person and which the dependent can claim.
- Deposition
- Sworn testimony taken outside of the court.
- Disbursements
- Court costs separate from the lawyer's fees.
- Discovery
- The part of a lawsuit during which both parties provide each other with all the relevant details of the case and give one another access to their evidence.
- Discrimination
- Taking offensive action against someone, such as a worker in a workplace, because they hold a protected status like age, disability, race, or sex.
- Dismiss
- To terminate a case without rendering a verdict.
- Dismissal
- When an employer severs a worker's employment contract.
- Dispute
- A conflict between two or more people or entities.
- Distrain
- To seize goods or property in lieu of payment.
- DPI
- Degree of permanent impairment, referring the the degree that a person is injured to the point of being unable to work.
- Dust Diseases
- Cancers and other diseases that a person develops as a result of breathing in a hazardous dust, as in asbestos fibres.
- Duty Lawyer
- A type of solicitor who volunteers to represent defendants who are disadvantaged, often financially,
- Duty of care
- The duty applied to all citizens and organisations to take reasonable care to avoid harming other people or damaging their property.
E
- Earning Capacity
- The capacity of someone filing a personal injury claim to work to earn income.
- Economic Dependency
- A type of dependency in which one party is dependent on someone else for money and financial support.
- Economic Loss
- Financial damages that a person experiences due to the harm they're suffering.
- Enduring Power of Attorney
- A legal document which designates one or more people who can act on a person's behalf.
- Enjoyment of life
- A type of personal injury claim that someone can file if their injury or illness disrupts an activity that used to bring them enjoyment before they got hurt or sick.
- Entitlements
- Rules about the benefits that employees can expect to receive at their place of work.
- Equity
- A principle that calls for every individual to be treated the same way, regardless of their differences.
- Evidence
- Documentation or objects used in a case to prove or disprove a charge or a claim.
- Excess
- A set amount of money that a claimant has to pay when they file a claim with their insurance.
- Excess/Deductible
- The amount of money that a policyholder must pay before their insurance will start covering expenses.
- Exhibit
- A document or an object that is presented to a courtroom in person for use as evidence.
- Express terms
- Terms in a contract or a legal agreement that all parties involved explicitly agreed upon.
F
- Failure to warn
- The failure of a doctor or a medical professional to warn a patient about the risks involved with a treatment, procedure, or surgery.
- Fatal Accident
- An accident that results in someone's death.
- Fifty/Fifty Rule (50/50 Rule)
- A rule in Queensland which states that if a plaintiff or claimant receives a compensation amount that is less than their lawyer's legal fees, the lawyer can only receive 50% of what's left over after all the disbursements and other court expenses are paid for.
- Financial Hardship
- A state in which someone is having a hard time making payments on something, like a loan.
- First Party Insurance
- Auto insurance that covers the policyholder and their vehicle.
- Free Initial Consultation
- The first consultation with a lawyer about your case or claim, free of charge.
- Free Legal Advice
- Legal advice from a lawyer that is given free of charge.
- Freedom of Association
- The right of an Australian to join a union.
- Funder
- An entity that provides funding for a plaintiff to file a lawsuit, covering all the associated legal costs.
- Future economic loss
- An estimated amount of economic loss that someone, such as a plaintiff or a claimant, is likely to experience in the future as a result of a serious injury or disability they suffered.
- Future of Financial Advice (FoFA)
- Legal reforms that include making financial advisors' fees more transparent and ensure that financial advisors fulfill a duty to act in their clients' best interests.
G
- Gardening leave
- When an employee quits their job but continues to earn a salary during their notice period. They don't have to go into or do any work during that time.
- General damages
- Non-economic damages that a person can suffer, such as pain and suffering, and loss of enjoyment of life.
- Grant of Probate
- A court order that verifies that the will of a deceased person is valid, and that the executor(s) named in the will is authorized to administer the deceased person's assets.
- Gross Negligence
- A term that has no one excepted meaning in Australian law, but which can be used to describe extreme negligence beyond what is normally expected.
- Ground(s) of appeal
- The reasoning for an appeal to a higher court.
- Group member(s)
- The claimant(s) in a class action lawsuit.
H
- Hearing
- The process of examining a case and presenting evidence and witnesses before a judge in court.
- Hearsay
- A statement made outside of court which is presented as evidence but then rejected because the person who made the statement is not present.
I
- Impairment benefits
- Compensation awarded to a claimant who has suffered permanent physical or psychological impairment due to an injury or illness.
- Implied terms
- Terms in a legal agreement that are not explicitly agreed to, but which may be inferred from common law.
- In camera
- A meeting that takes place in private in a closed court or a judge's quarters.
- Inactions
- Actions not taken, which ultimately causes harm to someone else.
- Incurred
- To bring something upon oneself and become liable for it, as in "These are the medical expenses incurred as a result of my injury."
- Indemnity
- A promise by one person or entity to provide compensation for someone else's losses or damages.
- Industrial Action
- When an employee refuses to work in protest of something, such as unfair treatment by their employer.
- Informed Consent
- When someone is given adequate information about the risks associated with something, such as a medical procedure, and signs a document to verify their consent or permission.
- Infringement notice
- A ticket or a fine for an offence. Examples are a speeding ticket or a parking ticket.
- Initial Claim Pack
- A pack of documents that a lawyer gives to a claimant after their initial consultation. It typically contains the client agreement, instructions, and other important information.
- Injunction
- An order or direction by the court.
- Inquest
- An inquiry by a coroner into the identity of someone who has just become deceased, as well as when, where, and how they became deceased.
- Instituting proceedings
- The act of starting a legal proceedings, such as a lawsuit.
- Institutional Abuse
- Abuse that occurred in an institution, such as a church, a school, or a home for children.
- Insured
- The state of having insurance.
- Insurer
- A company or organisation that underwrites insurance policies.
- Intellectual property
- A type of intangible property, like a brand name and logo, that someone created and legally owns.
- Interest
- Interest tacked onto compensation that a claimant or plaintiff receives for past financial losses, calculated from the dates that the losses were suffered.
- Interrogatories
- A set of questions that each party in a court case sends to the other prior to a trial for the purpose of discovery.
- Intestate
- Refers to a state in which someone passes away and doesn't leave a will.
- Irresponsible loan
- A loan given to a person who doesn't meet the requirements to qualify for it and doesn't have the means to pay it back.
- ISV Scale - Calculation Of Damages
- Injury Scale Value, which is the scale used to calculate general damages for personal injury claims (as well as WorkCover claims in Queensland).
J
- Judge
- A legal authority who presides over a courtroom and provides impartial guidance and decision-making on cases with respect to the law.
- Judgment
- The decision in a court case.
- Jurisdiction
- The extent of authority given to a court to render decisions on certain types of cases.
L
- Landmark case
- A famous (or infamous) court case with an outcome that impacts future cases.
- Lawyer
- A broad term for a legal practitioner like a barrister, solicitor, or magistrate.
- Lead applicant(s)
- The claimant in a class action lawsuit who represents all the claimants.
- Leave
- The permission that a court gives an appellate to file their appeal.
- Leave to appeal
- The permission granted to a person or organisation to appeal a court's decision.
- Legal Aid
- Assistance in legal matters provided by the Australian government.
- Legal Capacity
- The degree of ability of a person or organisation to make legal decisions.
- Legal Costs
- The costs associated with filing a case in court, including disbursements and lawyer's fees.
- Legatee
- Someone who receives or inherits benefits or assets from a deceased person's estates.
- Legislation
- Laws made by the Australian Parliament.
- Letters of Administration
- Court documents that give an individual the power to administer assets from a deceased person's estate in the absence of a will.
- LGBTQIA
- An acronym that stands for "Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, and Asexual."
- Liability
- The legal responsibility that one person or entity has toward another person or entity in certain cases.
- Liability Coverage
- A type of insurance policy that protects a person in case they cause someone to become injured or they damage someone else's property.
- Liability Waiver
- A document that someone signs to waive away a right or privilege.
- Limitation period
- The time limit during which a lawsuit or claim can be filed after the inciting incident.
- Litigant
- A person or organisation who is part of a legal proceeding, such as a lawsuit.
- Litigation
- The legal process in Australia by which disputes are resolved using the Court.
- Litigation guardian
- Someone who acts on behalf of a litigant because the litigant is unable to conduct legal proceedings themselves.
- Loss of Consortium
- A type of claim which covers the loss of benefits that a family member provided due to their injury.
- Loss of Earnings
- A loss of income due to an injury or illness.
- Loss Of Earnings Or Loss Of Functional Capacity
- Refers to the money that a plaintiff or claimant has lost due to being unable to work because of an injury, illness, or disability.
- Lump Sum Compensation
- Compensation that is awarded to a worker who suffered an injury or illness at their workplace that has left them permanently impaired.
- Lump Sum Settlement
- Compensation that is paid out in one lump sum upon the settlement of a case.
M
- Magistrate
- A type of lawyer and a judicial authority who hears cases and renders decisions, but can't sign court orders.
- Malingering
- The act of faking or exaggerating an injury or illness to increase the amount of compensation or damages that they are awarded.
- Malpractice
- When a medical professional, such as a doctor or nurse, fails to perform their duty of care in their practice of medicine and causes harm to their patients.
- Market Rigging
- The illegal practice of controlling, or "rigging," prices of goods, services, or shares in the marketplace.
- Mediation
- A process by which an independent party called a mediator helps two or more parties negotiate and come to a legal agreement.
- Medical Expenses
- The costs associated with medical care and treatment for a claimant or plaintiff's injuries or illness.
- Medical Mismanagement
- When a medical treatment doesn't meet the acceptable standard of care.
- Medical Negligence
- When a medical professional is negligent in their duty to provide a standard of care to their patient.
- Medical Treatment Decision Maker
- Someone authorized to make medical decisions for a person who can't do it themselves.
- Melanoma
- A type of skin cancer.
- Mesothelioma
- A type of malignant cancer that develops from asbestos exposure.
- Misconduct
- Conduct or behaviour that is wrong and unlawful.
- Misrepresentation
- Falsely representing oneself. An example would be lying in a statement to the court.
- Motor Accident Claim
- A claim for compensation due to an injury or illness suffered as a result of a motor accident.
- Motor Vehicle Accident Claim
- A claim on motor vehicle accident insurance that can cover a driver's medical expenses, vehicle repairs, and other costs associated with a crash.
N
- Negligence
- When a person or organisation fails to adhere to their duty of care, causing an injury or damages to another person or entity.
- Negotiation
- The process of reaching a satisfactory agreement between two parties.
- No win no fee
- See "No Win, No Fee"
- No Win No Fee Guarantee
- A guarantee offered by a law firm that if they don't win their client's lawsuit or claim, they won't charge them a fee.
- No Win, No Fee
- A practice among some law firms which states that if the law firm fails to win their client's case, they will waive all their lawyer's fees.
- Nominal Defendant
- A body of law that compensates drivers when they are involved in a motor accident with another driver who is unidentified or uninsured.
- Non-Economic Loss
- Damages to a person's emotional and psychological wellbeing, such as pain and suffering and loss of enjoyment of life.
- Non-Pecuniary Loss
- Losses that are intangible, such as the loss of enjoyment of life and psychological trauma.
- Notice of appeal
- A court document which an appellate files to notify the Court and all other parties involved that they intend to appeal the verdict of their case.
- Notice Of Assessment
- A document that outlines the injuries you suffered at your workplace and also includes a Statutory Lump Sum Offer.
- Notice of Claim for Damages
- A legal document filed by a plaintiff to notify the defendant that they're going to sue them for damages.
- Notice of Intention to Defend
- A legal document filed by a trade mark registrant to notify their intent to oppose someone else's objection to their registration.
O
- Occupational asthma
- Asthma caused by or worsened at the sufferer's workplace.
- Occupational disease
- A disease that is caused by or worsened at the sufferer's workplace.
- Occupational injury
- An injury that is experienced or worsened at the injured person's job.
- Offence
- A breaking of the law in Australia.
- Order
- The instructions or direction provided by a judge.
- Out of court settlement
- When an agreement is made between the two parties in a court case out of court, meaning the case no longer has to continue.
- Outlays
- Costs incurred during a personal injury claim that a lawyer pays on their clients behalf. Examples include barrister fees, court filing fees, and mediation fees.
- Overinsured
- When something is given more insurance coverage than it's worth.
P
- Pain And Suffering
- A type of damage that a claimant or plaintiff can sue for that refers to the physical, emotional, and psychological suffering they've experienced.
- Partial Disability
- A type of claim which a person can qualify for if they're partially disabled, meaning they can work but not at their full capacity.
- Parties
- The primary individuals or entities involved in a court case, including the plaintiff and the defendant.
- Past economic loss
- The estimated amount of economic loss that someone has suffered in the past as a result of a serious injury, illness, or disability.
- Patent
- A type of intellectual property that an Australian can apply for and, if approved, grants them exclusive rights over something that they created.
- Pecuniary Loss
- A formal term that refers to the loss of anything of value due to a legal wrong that someone suffered.
- Periodic Payment
- A compensation payment that is delivered periodically on a schedule.
- Perjury
- A criminal act that involves lying to a court under oath.
- Permanent Impairment
- When someone becomes permanently impaired due to an injury or illness and is unable to perform certain actions or functions like they used to.
- Permanent Impairment Of Degree Of Permanent Impairment (DPI)
- The permanent loss of function of a body part due to an injury or illness.
- Personal Injury
- Any type of physical, mental, or emotional harm caused by someone or something else.
- Personal injury claim
- A claim that someone files against another person or organisation whom they believe caused them to suffer an injury or illness.
- Personal Injury Protection (PIP)
- A type of insurance policy that helps cover expenses for a person if they're ever injured outside of the workplace.
- Persuasive Decision
- A decision made in a court that is important enough to influence future cases, yet other courts aren't technically required to follow it.
- Physical Injury
- An injury in the body that affects someone's physical movement or function.
- Plaintiff
- A person or entity that sues someone else.
- Plaintiff's Credit
- The reputation and reliability of a plaintiff in a court case.
- Plea
- The defendant's formal answer to a charge made against them by the plaintiff.
- Pleural plaques
- Thick patches in the lining of the lungs and chest which are typically caused by the inhalation of asbestos fibres.
- Policy Limit
- The limit on the total amount of damages that your insurance policy will cover.
- Policyholder
- Someone who owns an insurance policy.
- Powers of Attorney
- A type of authority that an individual gives to one or more other people to make important decisions for them, including in legal and financial matters.
- Precedent
- A legal principle in which courts follow the verdicts rendered in similar cases by higher courts in the past.
- Premium
- The payment a person makes to keep their insurance policy active.
- Pro bono
- Legal services offered free of charge.
- Probate
- The permission that a court gives to an administrator or executor of a will to begin administering the deceased person's assets.
- Product liability
- The responsibility that manufacturers, importers, and suppliers have to cover damages from any products they sell that are defective and unsafe.
- Professional Fees
- The fees that a legal professional, such as a lawyer, charges their client for their services and advice.
- Professional negligence
- The failure of a professional to provide reasonable care and skill to their client.
- Progressive Massive Fibrosis
- A scarring and hardening of the lungs that occurs when someone inhales silica dust.
- Prosecution
- The legal team that is accusing, or prosecuting, the defendant.
- Proxy
- A person who has been given authority to speak or act on someone else's behalf.
- Psychological Injury
- An injury to the psyche.
- Public Liability
- The responsibility that property owners and governing authorities have to compensate people who injure themselves on their property, if the owner or authority was negligent in their duty of care.
- Public Liability Claim
- A claim for an injury or illness that was incurred on public or private property due to the governing authority or property owner's negligence.
- Punitive damages
- Compensation made to a plaintiff on top of the damages that the defendant already owes, designed to punish the defendant.
Q
- QComp Or Workers' Compensation Regulator
- The state government body that regulates the workers' compensation schemes and insurers in Queensland.
- Quantum
- The total amount of money that a court orders for a plaintiff or claimant to receive to cover their losses.
R
- Redundancy
- When someone is let go from their workplace because their work is no longer needed.
- Regulated Entity
- An entity or organisation that is governed by a board, commission, or government body.
- Regulation
- A law passed by the Australian Parliament that provides details about an official act and how it should be interpreted/implemented.
- Rehabilitation
- The process of helping someone manage or overcome an injury or illness.
- Reimburse
- To pay someone back for something they've already paid for.
- Residual Capacity
- See "Residual Earning Capacity."
- Residual Earning Capacity
- The capacity to work to earn income that the court considers an injured or ill plaintiff or claimant to possess.
- Respondent
- The person or entity being sued in a civil court case.
- Restraint of trade
- An employment contract clause that attempts to prevent an employee from taking a specific action, such as working for a rival company, once they're no longer employed with that company.
- Return to Work Plan
- A plan with a timeline and information about how and when an injured or ill person may return to work.
- Revocation
- The cancellation of a will.
- Royal Commission
- An investigation into matters of public importance that is independent of the government.
S
- Schedule of damages
- A document that lays out the damages that a claimant is seeking compensation for.
- Scheme
- A program or plan, as in an insurance scheme.
- Self Represented Litigant
- A litigant who represents themselves in court instead of hiring a lawyer.
- Self-Insurer
- A workers' compensation scheme that is separate from Workcover Queensland and is typically operated by a large organisation, such as a corporation, for their own employees.
- Service
- A process in which a third-party "serves" the person or entity being sued the documentation that will start the legal proceedings.
- Settlement
- The resolution of a lawsuit or another legal dispute without the further use of court proceedings.
- Settlement Administrator
- A third-party individual who administers the payments to claimants in a class action lawsuit.
- Sexual Harassment
- A type of illegal harassment of an individual that involves sexual advances or misconduct.
- Silicosis
- A type of lung disease that develops due to the inhalation of crystalline silica.
- Slander
- Defamatory words spoken about another person or entity.
- Social Justice
- A pursuit of justice that focuses on upholding social equality and the rights of minorities and underprivileged individuals.
- Social Responsibility
- The responsibility that all people and organisations have to uphold society and do what's best for everyone.
- Solicitor
- A certified legal practitioner who provides legal advice and assistance to their clients; also known as a lawyer.
- Special Counsel
- A senior lawyer with years of experience.
- Special damages
- Out-of-pocket expenses that a plaintiff or claimant had to pay due to an injury or illness they suffered, and for which they can receive compensation.
- Stable & Stationery
- Refers to an injury when it can no longer be improved and can be assessed for permanent impairment.
- Statement of Claim
- A statement filed by the plaintiff which outlines their claim and all the facts supporting it.
- Statement of Wishes
- A document that outlines a person's wishes for what happens to them and their estate after their passing. It's not legally binding.
- Statute
- A law made by the Australian Parliament.
- Statutory Benefits
- The compensation that a worker is entitled by law to receive when they become injured or ill at work. Examples include medical and rehabilitation costs and lost wages.
- Statutory Law
- An act that is passed by the Australian Parliament.
- Strata
- A string of apartments, units, or subdivisions that are owned and operated by an owners corporation.
- Structured Settlement
- A system of compensation that involves sending at least a portion of it to the claimant as tax-exempt periodic payments.
- Subpoena
- A court order requiring someone to provide evidence in a case.
- Summons
- A document that summons a person to court on a specific date.
- Superannuation
- A type of retirement that is paid out to Australian workers after they reach a certain age.
- Survivor Claim
- A type of claim that provides compensation to the family of a deceased person in the amount that would have been due to the person if they had survived their injuries or illness.
T
- TAC
- Transport Accident Commission.
- Tenancy
- A type of agreement between a tenant and a landlord in which the tenant agrees to pay rent.
- The National Redress Scheme
- A program that offers payments to victims of institutional sexual abuse in Australia.
- Third Party Claim
- A type of claim you file with another person's motor vehicle insurer when you were both in an accident and it was the other driver's fault.
- Third Party Insurance
- Auto insurance that covers other drivers and their vehicles.
- Third Wave
- Refers to a marked increase in the number of people who have been exposed to asbestos in Australia.
- Time limits
- The period of time which someone has to file a claim or sue someone else for damages, after the damages have already occurred.
- Time Limits For Lodging Personal Injury Claims
- Strict periods of time after a person suffers or notices an injury during which they can lodge a personal injury claim.
- Tort
- An action that harms someone else.
- Total Permanent Disability
- A type of claim which a person can qualify for if they're permanently and totally disabled to the point that they are unable to work.
- TPD
- Total and Permanent Disability.
- Transcript
- A record of everything that is spoken, and by whom, in a court or legal proceeding.
- Trust
- An arrangement between at least three parties in which the owner of assets turns the control of those assets over to one or more persons to control until the time comes to pass them on to a beneficiary (or beneficiaries).
- Trustee
- Someone who holds the rights to a trust for the trust's beneficiaries.
U
- Underinsured Motorist Coverage
- A policy that covers a driver in case they are in an accident with another drive who doesn't have full (or any) insurance coverage.
- Unethical
- Something that is considered not ethical according to the current standards of society.
- Unfair Dismissal
- When an employee is fired from their job in a way that is unfair or unreasonable.
V
- Verdict
- Refers to the decision reached by a judge or jury in a court case on whether the defendant is guilty or not guilty.
- Vicarious liability
- The legal responsibility that employers have for acts of discrimination or harassment that occur against any of their employees.
- Void
- When an agreement or contract is rendered null, meaning it's no longer legally enforceable.
W
- Waive
- To let go of a right or responsibility willingly.
- Waiver
- A document that someone signs before participating in an activity to verify that they accept all the potential risks that the activity poses.
- Warrant
- A court order that allows the police to act, as in to arrest someone or raid a home.
- Whistleblower
- Someone who works or used to work somewhere and decides to report unethical or illegal activities that occurred at their workplace.
- Will
- A document that outlines how a person's assets will be distributed to their beneficiaries after their death.
- Without prejudice
- A privilege granted to litigants in negotiation that protects their statements from being used against them in a court proceeding.
- Witness
- Someone who saw, heard, or knows something that is relevant to a court case.
- Work Capacity Assessment
- An assessment performed by a doctor which assesses to what capacity (if any) an injured or ill person is able to return to work.
- Work Injury / Workers’ Compensation Claim / Workers Comp
- A claim on workers' compensation insurance, which any worker who is injured on the job is entitled to file.
- WorkCover
- A type of workers insurance that covers workers if they become injured or seriously ill on the job.
- Workcover Queensland Or Workers' Compensation Insurer
- The workers' compensation insurer established by the Queensland government.
- Workers' Compensation
- A type of workers insurance that covers workers if they become injured or seriously ill on the job.
- Workers' Compensation Benefits Or WorkCover Benefits
- Types of monetary compensation that a worker receives when they file a successful Workcover claim. Examples include medical bills, lost wages, and pain and suffering.
- Worthwhile Pursuing
- Describes a claim or lawsuit that has a high degree of success, which makes it "worthwhile pursuing."
- Writ
- A court order that tells someone to perform or stop performing a specific action.
- Wrongful Act Or Omission
- A wrongful act describes when someone performs an action that results in someone else getting injured. An omission is when someone fails to perform an action, and that failure ultimately led to someone's injury.
- Wrongful Death
- A death that was caused by a wrongful act or negligence.
X
- X-ray
- A type of medical imaging that takes pictures of the bones in someone's body to check for breaks, fractures, and other abnormalities.