CALD |
Culturally
And
Linguistically
Diverse. A term used to acknowledge people from different cultural backgrounds. This includes people whose first language is not English. |
Call over |
In a civil case, this may be the first or subsequent time the case is heard at court. The registrar or assessor may give directions to the parties about what they have to do to prepare for the hearing of the case. In a criminal case, this may be the first or subsequent time a case is heard at court. Usually a registrar will find out how the accused person wants to respond to their charges before a magistrate hears the case.
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CAN | See
Court Attendance Notice |
Carer's leave | Time off work if an employee needs to look after a member of their immediate family or household who is unwell or if there is an emergency. |
Casual Employee | A person is a casual employee if: - they are offered a job
- the offer does not include a firm advance commitment that the work will continue indefinitely with an agreed pattern of work
- they accept the offer knowing that there is no firm advance commitment and become an employee.
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CCTV | See
Closed Circuit Television |
Centrelink card | A card issued by Centrelink providing proof that you receive a benefit. This includes:
- Health care cards
- Commonwealth seniors health card
- Pensioner concession card.
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Certificate of Title | A certificate identifying the owner of land. and any interests registered against the land. For example, a 'mortgage'. |
Certified copy | A copy of an original document that has been confirmed as a true and correct copy by an authorised person, such as a solicitor or justice of the peace. |
Chamber Service | A service provided by the Local Court of NSW where senior staff provide information and assistance on procedures and applications to the Court. |
Character reference | A letter, statement or document written by someone who knows you, such as a family member, friend or employer, that gives information about your good character. |
Charge | When the police formally accuse a person of committing a criminal offence. |
Charge on land | A registered interest on your land. This stops you from selling your land until you pay a debt that you owe. |
Child support
| Payments made by one parent to the other to support a child. Both parents are responsible for financially supporting their child.
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Children's Court of NSW | The court that deals with certain types of cases involving children and young people, including: - criminal and traffic cases
- applications for Apprehended Violence Orders against a child or young person
- applications for Compulsory Schooling Orders
- breaches of parole
- care and protection cases.
It is a closed court, meaning it is not open to the general public. |
Chronology | A chronology is a list of events and the date they took place. They are usually listed from the first event (oldest) to the last event (most recent). |
CIN | See
Criminal Infringement Notice |
Circle sentencing | An alternative sentencing process for adult aboriginal offenders, where a magistrate and members of the Aboriginal community sit in a circle and discuss the offence, the offender, and a suitable penalty. |
Civil case | A dispute between individuals, companies, associations or government agencies. For example, disputes about debts, contracts, compensation for injury or damage, wills and employment. |
Civil Procedure Act 2005 | This is a New South Wales law that sets out the rules and powers of the court in civil cases (not criminal cases) in New South Wales. |
CJC | See
Community Justice Centre |
Closed Circuit Television | A television system used for the surveillance of a premises or place. |
Closed Court | A courtroom that is not open to the general public. Most matter involving children are heard in closed court. |
Codicil | A separate written document made by the testator that is dated, signed and witnessed exactly like a will and is attached to the original will. The purpose of a codicil is to make some changes to the original will without making a new will. When a person dies, the executor must file both the original will and the codicil with the application for probate. |
Cohabitation
| Living together as a couple. There are many factors which can be used to determine whether a couple has been cohabitating, including: - living in the same house
- informing friends and family of the relationship
- engaging in a sexual relationship
- caring for children of the relationship.
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Commission | An extra payment an employee may receive for selling a certain number of products. A commission can be a fee or calculated as a percentage of the number of products sold. |
Common Boundary | See
Boundary |
Common law | Law based on past decisions made in cases by judges, magistrates and tribunal members. |
Common property | The parts of the strata scheme that are owned by the owners corporation. |
Commonwealth Courts Portal
| The online portal for the Federal Court of Australia and Federal Circuit and Family Court of Australia. Also known as Comcourts or 'the portal'. |
Community Justice Centre | A service that provides free mediation to help people in disputes reach an agreement. Also called the 'CJC'. |
Community service leave | Time off work to undertake voluntary community emergency activities or jury service. |
Community Service Order | A court order requiring an offender to complete a specified number of hours of community service work, as an alternative to serving a term of imprisonment. |
Company | An organisation formed under the
Corporations Act 2001 and regulated by the Australian Securities and Investments Commission. Companies have an Australian Company Number (ACN). |
Compassionate leave | Time off work to spend time with an immediate family member who has a life threatening illness or injury. |
Compensation | Money given or received as payment for a loss or injury. |
Complainant (AVO) | The person who ahs made an application for an AVO. This person may also be referred to as the 'applicant', 'protected person' or 'person in need of protection' (PINOP). |
Comprehensive car insurance | Car insurance that covers the insured person for any damage to:
- their own car
- another car, and
- any property.
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Compulsory school-age
| A child who is aged six years or older and who is under the minimum school leaving age.
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Compulsory schooling
| All children in NSW of compulsory school age must receive schooling.
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Compulsory schooling conference
| An order made by the Children's Court NSW that requires a parent and/or child to attend a conference to: - identify and resolve any issues relating to the child's non-attendance at school
- identify services that can assist the child to attend school
- propose undertakings and orders for the Children's Court to consider.
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Compulsory schooling order
| An order made by the Children's Court NSW that requires a child to receive compulsory schooling. An order can be made against:
- a child's parents, or
- a child aged 12 years or over if the child is living independently, or if the child's parents cannot get the child to go to school because they are disobedient.
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Compulsory schooling undertaking | An agreed plan between the school, parents and agencies to support a child’s attendance at school. The undertaking may address the reasons why the child is not attending school and include support options. |
Compulsory Third Party (CTP) car insurance | Car insurance that covers the insured person for any injuries they cause to other people while driving the insured car. It does not cover damage to property, other vehicles or to your vehicle. All cars registered in NSW need Compulsory Third Party car insurance. It is also known as a 'green slip'. |
Conciliation | A type of alternative dispute resolution where a third party (called a 'conciliator') tries to help parties to come to an agreement about their dispute. |
Conditions (AVO) | The terms or orders specified in an AVO. |
Conduct money | An amount of money given to a person ordered in a subpoena to attend court or bring something to court. The money is to cover the reasonable costs of complying with the subpoena, such as travel expenses. |
Confession
| A person admitting that they have done something wrong or illegal.
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Confirmed order for restitution
| An Order for Restitution that has been confirmed by Victims Services.
This was previously known as a Restitution Order.
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Conflict of interest | Where a lawyer has previously given advice to another party in the same or related matter, or where you and your lawyer have interests that clash. |
Consent | To agree to something. |
Consent orders | Orders made by a court based on an agreement between the parties. |
Consent to an order for restitution
| When the defendant agrees to an Order for restitution to be referred to Revenue NSW.
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Consent with admissions
| Consenting (agreeing) to an AVO being made against you, and agreeing with the facts included in the application.
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Consent without admissions
| Consenting (agreeing) to an AVO being made against you, but not agreeing with the facts included in the application.
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Contravene
| To breach an Order, a regulation or law.
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Contravention application
| An application asking a court to punish a person for contravening (breaching) a court order.
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Constructive dismissal | When an employee is forced to resign because of the way their employer has acted. |
Consumer | A person who buys goods or services. |
Contract | A legally binding promise or agreement, where there is consideration and certainty of terms. It doesn't have to be in writing. |
Contractor | A person who is self-employed and provides goods and services to other people or businesses. A contractor usually:
- supplies their own tools or equipment
- works when and how they want
- spends some of their income on their own business expenses.
If a person is a contractor, they are not an employee. |
Contravene AVO | To knowingly breach or refuse to comply with a condition of a Provisional, Interim or Final AVO. |
Contravention Application
| An application asking a court to punish a person for contravening (breaching) a court order.
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Contributory negligence | A person who has been injured or had their property damaged because of the negligence of another person can make a claim for compensation. A court may decide that the person making the claim was partly to blame for their injury or damage to their property. This is called contributory negligence. The amount of compensation will usually be reduced as a result. For example, Anna, Bill and Clement were involved in an accident. They all went to court, claiming money from each other for the damage to each of their cars. The Court found all three drivers had done something to cause the accident; Anna was 20% to blame, Bill was 20% to blame and Clement was 60% to blame.
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Conveyance | To transfer a property from one owner to another. |
Conviction
| When the Court accepts your plea of guilty or decides you are guilty after a hearing. When you are convicted you are also given a penalty (sentence).
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Cooling-off period
| A specific period of time during which you can cancel an agreement, usually with no penalty.
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Coroners Court of NSW | The Coroners Court of NSW holds inquests or inquiries to investigate and determine the causes of: - unnatural, unexpected, sudden and suspicious deaths
- suspected deaths (in the case of missing persons)
- fires and explosions that cause serious injury or damage to property.
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Corporal punishment
| Physical force applied as punishment or discipline.
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Corporation | A legal entity that has a separate legal personality from its members, such as a company or incorporated association. |
Costs | See
Legal costs |
Costs agreement | An agreement between a lawyer and client about what costs will be charged for the legal work provided.
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Costs assessment | An independent assessment of the costs charged by a solicitor or barrister to decide if the costs are fair and reasonable. |
Costs Assessor | An independent person appointed by the Supreme Court of NSW that reviews legal costs. |
Costs orders | A court order that a party must pay all or part of another party's legal costs. This can include the cost of preparing a case and the cost of presenting a case. In some kinds of cases the amount of costs orders are fixed by regulation. |
Council ordinance inspector | A person employed by a local council to issue fines for street parking offences. |
Court appointed questioner
| A person appointed by the court to ask the protected person or victim questions on behalf of a self-represented defendant during proceedings in domestic violence criminal matters and apprehended violence order proceedings. Court appointed questioners are court staff or Justices of the Peace.
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Court Attendance Notice | A notice, issued by the police or another authority, that tells you the date and time that you have to go to court to answer an allegation that you have committed an offence. Also called a 'CAN'. |
Court costs | An amount of money that a magistrate may order you to pay in a criminal case for having your case heard. |
Court fees | Fees that the court charges to file documents, to issue certified copies of documents, and for tapes and transcripts of court cases. |
Court fine | An amount of money that the court orders that you pay as a penalty for an offence. |
Court Referral of Eligible Defendants into Treatment (CREDIT) | A court ordered program aimed at reducing re-offending by encouraging and assisting offenders to engage in education, treatment or rehabilitation programs. Also called 'CREDIT'. |
Court timetable | Orders made by a court regarding the serving and filing of witness statements or any other documents, and the date the case is next in court. |
Covenant | A covenant is an agreement. Covenants are often made about land.
For example, a covenant never to build on certain land. The limits or obligations created by a covenant stay with land even when it is sold. |
CREDIT | See
Court Referral of Eligible Defendants into Treatment |
Creditor | A person who is owed money, or believes they are owed money. |
Criminal case | A case to decide whether a person who has been charged is guilty of a crime or other offence. |
Criminal charge | An allegation by the police that someone has committed a criminal offence. |
Criminal history
| A list of all the matters you have been to court for, including AVO's, warrants, and offences where:
- you were found guilty
- you were given a section 10 dismissal
- you were found not guilty
- the charges were dismissed.
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Criminal Infringement Notice | An on the spot fine that may be issued by a police officer for certain criminal offences, such as offensive behaviour, offensive language and obstructing traffic. |
Criminal record | A record that lists all the criminal offences a person has plead guilty to, or been found guilty of, and the penalty that they received for each offence. It also includes serious traffic offences such as:
- drink driving
- dangerous or negligent driving where someone is hurt
- driving whilst disqualified.
A section 10 dismissal is not usually recorded on your criminal record. |
Cross-application (cross-AVOs)
| An application for an AVO made by the defendant against the protected person (PINOP) in the original AVO.
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Cross claim | In civil cases a plaintiff makes a claim for money against a defendant. Sometimes the defendant believes that the plaintiff actually owes them money. In these cases the defendant can file a claim against the plaintiff. This is called a 'cross claim'. |
Cross examination | After a witness for one party has given their evidence (called 'evidence in chief'), the other party in the case, or their lawyer, can ask the witness questions about their evidence. These questions are called 'cross examination'. |
CSO | See
Community Service Order |
CTP | See
Compulsory Third Party (CTP) car insurance |
Custody | To be in the care and control of police, at a police station or another place of detention. |
Custody Management Record | A document, which details a person's time in police custody.
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Cyber abuse
| Behaviour that uses technology to threaten, intimidate, harass or humiliate someone with the intention of hurting them socially, psychologically or physically.
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Cyberbullying
| The use of technology to bully, harass, intimidate or hurt a person. It can occur anywhere on the internet including by email, on a website or through apps.
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