Legal Assistance Strategy and Funding

Legal Assistance
Strategy and Funding

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Introduction
The Special Taskforce Report into Domestic And Family Violence in Queensland, Not Now, Not Ever Putting an End to Domestic and Family Violence in Queensland (The
Bryce Report) tabled 140 recommendations for change to the way Queensland responds to and reduces incidents of domestic and family violence. The Queensland
Government has endorsed all recommendations with the Department of Justice and Attorney General (DJAG) being assigned responsibility for implementing 40, including
recommendation 116, which states:
The Department of Justice and Attorney-General identifies opportunities to streamline systems for engagement of interpreters for
civil domestic and family violence court proceedings to ensure best practice.
In April 2015, senior representatives of DJAG formed a Whole of Government Interpreter Working Group (the working group), following the 2015 Queensland State Election
and acceptance of all 140 recommendations by the Palaszczuk Government. The working group is jointly chaired by Victim Assist Queensland and the Strategic Policy unit of
DJAG.
Membership includes senior representation from Courts, Victims Assist Queensland, Legal Aid Queensland, Office of the Director of Public Prosecutions, Queensland Police
Service, Queensland Civil and Administrative Tribunal, Youth Justice, Courts Innovation Program and the Public Safety Business Agency.

Acknowledgements
The Glossary of Common Court and Legal Terms for Interpreters was prepared by a sub group of the WOG Working Group.
The sub group comprised:
Amanda Shipway, Acting Director, Legal Assistance Strategy and Funding, DJAG
John Morgan, Project Officer, Legal Assistance Strategy and Funding (LASF), DJAG
Paul Hellen, Operations Support Manager, Queensland Civil and Administrative Tribunal (QCAT)
Ray Ward, Procedures Officer, Courts Policy Procedure and Legal Unit, DJAG
Yasmin Gunn, Project Manager, Domestic and Family Violence Court Reform, DJAG
Lindsey Franklin-Browne, Community Research & Liaison Officer, Victim Assist Queensland (VAQ)
The sub group would like to express its gratitude to:
Michelle Hoffman, Domestic Violence Project Manager, Domestic and Violence Reform Team, DJAG and Michelle Weaver, Senior Legal Officer, Strategic Policy and Legal
Services for the development of the Domestic and Family Violence section.
Mel Dwyer, Senior Sergeant, Senior Policy Officer, Queensland Police Service for her instructive feedback on the definitions of Domestic and Family Violence terms.
Jim Duncan, Queensland State Manager for National Accreditation Authority for Translators and Interpreters Ltd (NAATI) for gathering feedback from practicing court
interpreters as well as Patricia Avila, training facilitator for interpreters and translators. He also provided valuable feedback. His assistance and endorsement of this glossary is
gratefully acknowledged.

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Aim
The Queensland Government recognises the work of interpreters is essential to ensure access to justice and procedural fairness for people with limited or no English
proficiency in Queenslands courts.
The Glossary of Common Court, Tribunal and Legal Terms for Interpreters was developed to provide court interpreters with common legal terms and their definitions to assist
them in performing the specialist task of court interpreting. The Queensland Government recognises the difficulty of interpreting many of these terms and phrases to different
languages with little to no preparation.
As such, this glossary was created to be a workbook for interpreters. Space has been provided beside each definition for interpreters to write or type their own notes and
translations. Users of this glossary can also change or modify it to suit themselves while users in other States or Territories are also free to modify the Queensland specific
section of Related Legal Organisations, to suit their own State or Territory.

Contact information
NAATI: https://www.naati.com.au/ Ph. (07) 3393 1358
Please email Ray Ward (ray.ward@justice.qld.gov.au), Queensland Courts, with any comments or suggestions for improvement; or
Lindsey Franklin-Browne (victimslinkup@justice.qld.gov.au) Secretariat, Interpreter Working Group

The Queensland Government supports and encourages the dissemination and exchange of information. The State of Queensland has no objection to this material being
reproduced or made available online or electronically, but only if it is recognised as the owner of this material.
Produced by the Queensland Government, June 2016, 61 Mary Street, Brisbane Qld 4000

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Contents
Criminal Charges ......................................................................................................................................................................................................................... 5
Common Terms and Phrases ...................................................................................................................................................................................................... 9
Court Decisions ......................................................................................................................................................................................................................... 24
Court Procedures ...................................................................................................................................................................................................................... 27
Levels of Court .......................................................................................................................................................................................................................... 31
Addressing People in Court ....................................................................................................................................................................................................... 33
Jury Terms ................................................................................................................................................................................................................................ 35
Domestic and Family Violence................................................................................................................................................................................................... 37
Queensland Civil and Administrative Tribunal............................................................................................................................................................................ 46
Related Legal Organisations ..................................................................................................................................................................................................... 53

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Criminal Charges
Charges/Offences
Term/Phrase

Definition/Explanation

Armed robbery in
company

Taking something of value from a victim by force with a

weapon, in the company of another offender or offenders.

Assault

A crime of violence against another person that causes them

to get hurt. (Assault is often defined to include not only
violence, but also any intentional physical contact with
another person without their consent.)

Translation Equivalent/Notes

Assault occasioning An assault resulting in injury that is not usually permanent.

bodily harm
(AOBH)
Assault occasioning An assault resulting in a serious permanent injury.
grievous bodily
harm (GBH)
Attempted murder

The crime of preparing to commit unlawful killing and trying

to cause the death of another person.

Breach of bail

A violation of a bail order.

Break and enter

Illegal entry into a building.

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Charges/Offences
Term/Phrase

Definition/Explanation

Child
endangerment

Placing a child in a potentially harmful situation, through

either negligence or misconduct.

Common assault

An act of unlawful violence that does not cause any lasting

injury or scarring.

Contempt of court

A court order that declares a person or organisation to have

disobeyed or been disrespectful of the court's authority.

Forgery

An illegal act of imitating or counterfeiting documents,

signatures, works of art, etc. to trick people.

Fraud

Deceitful or deceptive conduct designed to manipulate

another person to give something of value.

Indecent assault

An assault accompanied by an indecent act.

Indecent exposure

The revealing to view of the genitals, which by law and

public agreement should be covered by clothing.

Malicious damage

An offence of damaging property with malice (hatred).

Translation Equivalent/Notes

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Charges/Offences
Term/Phrase

Definition/Explanation

Manslaughter

Unlawful homicide (killing) caused unintentionally.

Murder

Unlawful homicide (killing) caused intentionally with malice.

Perjury

An offence of giving false evidence (telling lies) under oath in

judicial proceedings.

Perverting the
course of justice

Stopping justice from being served by:

fabricating or disposing evidence; and/or
intimidating and threatening a witness, juror and/or judge.

Sexual assault

An assault that is sexual in nature.

Soliciting

Seeking to influence or incite (provoke) to unlawful action.

Steal by finding

An offence of stealing by finding and keeping items

belonging to another.

Trespass

An offence of entering and remaining on enclosed lands

without consent of the owner.

Translation Equivalent/Notes

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Charges/Offences
Term/Phrase
Unlawful detention

Definition/Explanation

Translation Equivalent/Notes

An unlawful act of detaining another.

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Common Terms and Phrases

Commonly Used Legal Terms/Phrases
Term/Phrase

Definition/Explanation

Act

A bill that has become law after passing through required

legislative steps.

Admissible evidence

Legal testimonial, documentary or tangible evidence that

may be presented in court.

Affidavit

A written statement sworn or affirmed before a notary

public or a Justice of the Peace.

Affidavit of service

An affidavit setting out how a legal document has been

served on a party.

Affirmation

A declaration made instead of an oath.

Agreed facts

A set of specific information agreed by the defence and the

prosecution, regarding the charges that are brought before
the court. Usually presented after a plea of guilty.

Alibi

An accused persons defence or explanation that they did

not commit the alleged offence, because they were
elsewhere or with somebody else.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Alleged (unproven)

As put forward by the prosecution in relation to an offence.

The court will determine if it is true or not.

Alleged facts

The circumstances of the offence proposed by the

prosecution.

Alleged offender

A person suspected of committing a criminal act.

Alleged victim

A person claiming to be a victim of a crime.

Alternative charge

A backup charge in addition to the main charge against the

accused. For example, a murder charge accompanied by an
alternative charge of manslaughter. Then, even if the
evidence is not sufficient to prove the murder charge, it may
be used to prove the manslaughter charge.
A solicitor, not a party to a case, who volunteers to offer
information to assist a court in deciding a matter before it.

Amicus curiae

Translation Equivalent/Notes

Antecedents/Criminal Records of previous criminal offences, usually with details of

history
conviction, penalties and appeals.

Appear

To be present in court.

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Appear as agent

To be present in court, but in the place of the law firm

representing the defendant/accused.

Appear for

To be present in court representing one of the parties in the

proceeding.

Bail conditions

A set of restrictions imposed by the court upon an accused

person in order to grant him/her temporary release while
awaiting the court outcome. These usually involve: reporting
to the police, surrendering their passports etc.

Bar

The table where the practicing lawyers and prosecutors sit

during court proceedings.

Barrister

A lawyer who specialises in courtroom litigation, which is

different to a solicitor who has direct contact with clients for
instructions. Barristers are usually instructed by solicitors for
cases in the District and Supreme Courts. They usually wear a
robe and wig in court as a distinction from solicitors.
The raised area in a courtroom where the presiding judge or
magistrate sits.

Bench

Beyond reasonable
doubt

There is no other reasonable explanation or inference. This is

the level to which the prosecution must prove that the
accused person committed the offence in a criminal
proceeding.

Brief of
evidence/Police brief

A complete set of statements, reports and forensic results

that form all the evidence intended to be used against the
accused person.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Burden of proof

The responsibility to prove all elements of the alleged

offence. In criminal cases, this responsibility falls upon the
prosecution.

Callover list

A list of cases that are to be called for mention.

Court attendance
notice (CAN)

A field notice issued by the police advising the person that

his/her offence will be dealt with in court.

Case conference

A meeting between the parties to discuss the issues in

dispute in order to resolve the matter more quickly.

Caution

A verbal precautionary warning given by the police or court

to a suspect or accused person stating their rights.

Chamber

Judge and barristers office.

Circuit Judge

A judge who does not sit in just one court. He/she usually
travels between different regional or country courts.

Common Law
(Australia)

Federal laws enacted by the Australian Parliament and laws

enacted by the states and territories parliaments.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Common purpose

The shared intention of two or more people who agreed on a

criminal venture.

Compensation

Payments awarded for damages and costs.

Conditional discharge

The release of an offender on the condition that he/she will

be of good behaviour and not commit another offence for a
specified period.

Corroboration

Evidence that supports and validates another.

Count

A distinct charge in an indictment.

Court reporter

A stenographer who records the official proceeding either by

shorthand or by machine to produce court transcripts.

Court transcript

A written record of all that was said and done during the
course of a hearing or trial.

Courts discretion

The courts own prudent (wise) decision/judgement.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Criminal intent

A planned intention to commit a criminal offence.

Cross examination

Questions posed to a witness by the opposition side relating

what has already been presented as evidence during
evidence in chief.
(Related terms: Evidence in chief and reexamination)

Curfew

A condition imposed by the court placing time restrictions on

the movements of a defendant or accused person.

De Facto

Latin: "as a matter of fact"

It is a fact that is not necessarily sanctioned by law. E.g. De
facto husband and wife, who although are not legally
married, live in a domestic situation as husband and wife.

Disregard a comment

To ignore a comment and not regard it as evidence.

Dock

An enclosed area in the courtroom where a defendant or

accused person who is in custody sits during a hearing/trial.

Elements of the
offence

Integral parts that make up the definition of an offence.

Evidence in chief

The questioning of your own witness in court to produce

evidence.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Execute a search
warrant

Perform legal searches upon a premises or person in

accordance with conditions specified in a warrant signed by
a magistrate or judge.

Exhibit

An object or document that is tendered as evidence in court.

It is always given an identification number after being
tendered and will be referred to by this number from then
on.

Expert evidence

Scientific, forensic, medical and professional evidence

provided by authorised and qualified experts.

Expert witness

Qualified and authorised specialised, scientific, forensic or

medical professional who is requested to give expert
evidence in court.

Forensics

A broad spectrum of sciences that is used in seeking

explanations and answers relating to evidence before a
court.

Fresh charges

Newly laid charges against the accused.

Habeas corpus

Latin: You have the body

A writ that orders the detained person to be brought to
court in order to justify his/her detention.

Hearsay evidence

Evidence based on what has been reported to a witness by

others rather than what he has himself observed or
experienced.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Hostile witness

A witness who is reluctant to tell the truth, for fear of

retribution or self-incrimination. In such a circumstance, the
defence or prosecution can seek leave to declare this person
a hostile witness.

I put it to you
that

A phrase commonly used during the cross-examination of a

witness suggesting a proposition to what has happened as
opposed to what the witness has stated. Mainly to preempt
a line of defence or argument.
For example:
"I put it to you that on the night of 19 October, you did not
see the defendant entering the building across the road.
Any form of tainted, illegally obtained, hearsay or irrelevant
evidence that has been refused by the court, to be admitted
as evidence in court.

Inadmissible
evidence

InCamera

Latin: in private
A hearing or trial where the public and press are not
permitted to observe. This is usually reserved for sensitive
cases or cases where the witness or defendant is a child.

Indemnity

An assurance of protection from being prosecuted.

Indictable offence

An offence making one liable to be indicted in the District

Court or Supreme Court.

Interim order

A temporary order granted for the duration of an

adjournment.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Joint custody

An arrangement between estranged parents to share the

upbringing of their child/children. Joint custody can be joint
legal and/or joint physical custody.

Judges ruling

A judges authoritative decision on a debated point of law.

Judgement

A final court ruling that resolves disputes in a lawsuit that

determines the rights and responsibilities of the involved
party.

Jurisdiction

The limitation of the power of a particular court to hear

certain cases in certain areas.

Leading question

A question which is phrased in a way that can suggest a

sought after answer. Leading questions are usually not
allowed, however in some circumstances both parties can
agree to allow leading questions for undisputed facts.

Magistrate

A judicial officer in the Magistrates Court.

Mens rea

Latin: guilty mind

The mental state of the offender while committing the
crime. This criminal intent is one of the necessary elements
of a crime.

Marked for
identification (MFI)

When a piece of evidence is presented to the court but, due

to the lack of further corroborating evidence or other
factors, cannot yet be tendered as an exhibit. It would
therefore be marked for identification.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Mitigating
circumstances

Facts or circumstances which, although cannot be used as a

defence, can be submitted in an attempt to reduce the
seriousness of the situation.

Motive

A reason of desire or need that causes a person to do

something. For example, obtaining money may be a motive
for murder.

No Bill Application

An application to discontinue a prosecution either by the

defence or by the prosecution after reconsidering the facts.

Non-indictable
offence

A minor offence that must be heard in the Magistrates

Court.

Notice to appear
(NTA)

A field notice issued by the police advising the person that

his/her offence will be dealt with in court.

Oath

This is when people swear on the Bible that they will tell the
truth. If people have a valid reason not to swear on the Bible,
they may affirm their evidence.

Objection

A motion in court, which can be made by either side, to

disallow a question or evidence.

Overrule

An action by the court to disallow an objection or argument.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Perpetrator

As opposed to a suspect, a perpetrator is one who actually

committed an offence.

Plea bargain

A negotiation process between the defence and prosecution,

before a criminal trial begins, to give opportunity:
for the accused to plead guilty to a lesser charge; and
for the prosecution to avoid the cost of a full trial.
Latin: after death
An autopsy. An examination of a corpse to determine the
cause of death.

Post mortem
examination

Precedent

Also commonly referred to as authority, a precedent is a

legal case establishing a law, principle or rule that a court or
other judicial body may apply when determining similar
cases.

Prejudice

A preconceived adverse judgment or opinion.

Premeditated crime

A crime committed with deliberate consideration and

planning.

Prima facie

Latin: on the face of it or at first sight

A legal presumption that means that upon the initial
observation, there is sufficient evidence that can be used to
prosecute.

Privileged
information

Details or information that is legally protected against

disclosure.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Probono

Latin: for the public good

Voluntary and free professional legal services undertaken as
a public service.

Public gallery

A seating area at the back of the court for the public.

Quash a conviction

To set aside or annul a conviction that was previously

imposed.

Queens Counsel (QC)

A senior barrister who has practiced for at least ten years

and is appointed to be Her Majestys Counsel. This
membership only exists in various Commonwealth countries.
QCs wear silk robes in distinction to the woollen robes worn
by normal barristers.
A second chance for the defence or prosecution to ask
questions of their own witness relating to evidence given
during crossexamination.

Reexamination

Remand/Remand in
custody

A court order to temporarily keep a person in custody

pending further court appearances.

Reoffend

To commit the same offence again.

Repeat offender

A person who repeatedly commits and is convicted of the

same offence such as drink driving, speeding, stealing etc.,
over a short period of time.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Seek leave to appear

A requested permission made to the court to represent a

person or the prosecution.

Seek leave to
withdraw

A requested permission made to the court to remove oneself

from a case.

Self-incriminating
evidence

Selfimplicated evidence given by a witness in a trial or other

legal proceedings that could subject him/her to criminal
prosecution.

Show cause situation

A presumption that bail should not be granted unless the

accused can satisfy the court that bail should be granted.

Solicitor

A member of the legal profession who may give legal advice

to, prepare cases for, and represents clients in lower courts.

Statement

A witness written account of what they heard and saw. A

civilian usually gives a statement to a police officer who
assists by asking relevant questions.

Statutory declaration

A written statement declared to be true in the presence of

an authorised witness, usually a Justice of the Peace
Commissioner of Declarations, or solicitor.

Subpoena

A court order that requires a person to give evidence in court

or to produce certain documents to the court.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Summary offence

Minor offence that is dealt with in Magistrates courts.

Summons

A document issued by a court that initiates legal proceedings

or requires a person to attend court.

Surety

A person who takes responsibility for a bail applicant to

assure the court that the bail applicant will fulfil their bail
conditions by agreeing to forfeit an amount of money in the
event of a breach of bail.

Suspect

A known person who is suspected by the police of

committing a crime.

Sustain

To uphold or support an objection in court.

Tender something as
evidence

To formally offer a statement, legal documents and/or

tangible evidence to the court, during a hearing or trial, as
proof of guilt or innocence. The tendered evidence, if
accepted by the court, will be issued with an exhibit number.

Under duress

When a person is compelled by threats or coercion to

commit criminal acts or to give a confession or consent to
something, he/she is said to be under duress.

Vacate a trial date

The cancellation of a pre-set trial date.

Translation Equivalent/Notes

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Commonly Used Legal Terms/Phrases

Term/Phrase

Definition/Explanation

Withdraw a
question/comment

Retract a question that has been objected to by the

opposition.

Without prejudice

With no preconceived adverse judgement or opinion.

Writ

A summons or an order made by a court requiring specific

action from a person or prohibiting them from doing certain
things.

Translation Equivalent/Notes

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Court Decisions
Court Decision/Judgements/Sentencing
Term/Phrase

Definition/Explanation

Assurance

A guarantee or pledge to the court.

Community service
order (CSO)

A court order requiring a convicted offender to do unpaid

community services for a number of hours.

Concurrent
sentences

A series of sentences that are to be served simultaneously,

usually for similar offences that were committed at the same
time.

Counselling

Personal and/or psychological help given by a professional.

Court cost

Cost ordered to be paid by a convicted offender to the court

for administrative fees.

Cumulative
sentence

Sentences that are served one after another by an offender, as

opposed to concurrent sentences.

Custodial sentence

A sentence of imprisonment.

Translation Equivalent/Notes

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Court Decision/Judgements/Sentencing
Term/Phrase

Definition/Explanation

Drug Court

Drug Court is a court that handles the cases of nonviolent

substance abusing offenders who can join voluntary drug
rehabilitation and counselling programs in exchange for a
more lenient sentence.

Intensive
correction order
(Home detention)

A sentence of imprisonment, which the convicted offender

can serve at home under strict conditions.

MERIT program

Magistrate Early Referral Into Treatment Program. A

Magistrates court diversion program for defendants with illicit
drug use problems. Defendants assessed as suitable can
undertake voluntary supervised drug treatment as part of
their bail conditions.
Actual period served in custody by a convicted offender as
part of a sentence of imprisonment.

Nonparole period

Objective elements

Elements that are based on facts rather than thoughts or

opinions.

Offender levy

An amount required to be paid by the defendant when they

are convicted to contribute to the administration expenses of
the court.

Penalty units

Penalty units are used to define the maximum penalty for

fines for offences. When the amount of the penalty unit is
changed, it affects the amounts of all fines.

Presentence
report

A report about the circumstances of a convicted offender

made before the court passes sentence. It assists the court to
decide which sentence/s would be most appropriate.

Translation Equivalent/Notes

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Court Decision/Judgements/Sentencing
Term/Phrase

Definition/Explanation

Recognisance

A light sentence imposed by the court requiring the offender

to be of good behaviour i.e. not to commit any offence for a
set period and may include other conditions such as attending
a course.

Released at large

Sentenced to the
rising of the court

The defendant has been asked to come back to court on

another date, but there will be no penalty imposed if the
defendant does not appear. However, the court may issue a
warrant for the defendants arrest or deal with the charge in
the defendants absence if they do not appear.
A convicted offender is sentenced to stay in the custody of the
court until the court is adjourned.

Sentencing options

A number of alternative sentences that the court can use.

Subjective
elements

Elements that are based on feelings, beliefs and personal

experience.

Supervision

Help and guidance for criminal offenders provided by the

Probation and Parole office.

Suspended
sentence

A sentence of imprisonment that is only required to be served

if the accused commits another offence within a set period of
time.

Translation Equivalent/Notes

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Court Procedures
Court Procedures
Term/Phrase

Definition/Explanation

Abort a trial

Terminate a trial before it is completed.

Adjournment

This is where a judicial officer will hear the case at a later date.

Arraignment

To call an accused person before a court to answer the charge

made against him/her by indictment.

Acquittal

Judgment that a defendant is not guilty of a crime as charged.

Bail application

An application for an accused person to be released from

custody during the court proceeding.

Bench warrant

A warrant issued by the presiding magistrate or judge for the

arrest of a person.

Change of plea

A defendant changing their answers to the charge from not

guilty to guilty or vice versa.

Translation Equivalent/Notes

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Court Procedures
Term/Phrase

Definition/Explanation

Closed Court

The court proceeding is not open to the public usually

reserved for sensitive cases or cases involving children.

Committal hearing

A preliminary hearing of an indictable offence held before a

magistrate to determine whether there is enough evidence for
the charges to be heard by the District or Supreme court.

Conviction

A court verdict that finds a defendant guilty of a crime.

Dismissal

The ruling by a court that the proceeding is finalised because it

is not successful.

Ex parte hearing

Latin: on one side only

A hearing done in in the absence of a party.

Extradition

The transfer of an accused from one state or country to

another state or country that seeks to place the accused on
trial.

Hand-up committal

A committal hearing in which, with the agreement of the

defence, prosecution and the magistrate, the written
statements of the prosecution witnesses are simply presented
to the magistrate and no witnesses appear in court.

Hearing

A legal proceeding where an issue of law or fact is tried and

evidence is presented to help determine the issue.

Translation Equivalent/Notes

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Court Procedures
Term/Phrase

Definition/Explanation

Indictment

A written accusation charging that an individual named in the

accusation has committed an act or omitted to do something
that is punishable by law. Indictments are only made to the
District or Supreme court.

Instructions

An explanation of the law governing a case, which the judge

gives orally to the jury after the attorneys have presented all
the evidence and have made final arguments, but before the
jury begins deliberations.

Inquest

An inquiry by a Coroner or medical examiner, sometimes with

the aid of a jury, into the cause of a violent death or a death
occurring under suspicious circumstances.

Judges summing
up

A Judges address to the jury at the end of the trial

summarising all evidence produced in court and arguments
from both sides, and instructing the jury on points of law.

Mediation

A meeting between two contending parties with an

independent person in order to aid them in the settlement of
their disagreement.

Mention

The initial listings of a matter in court before it goes to hearing

or sentencing for the purpose of entering a plea, applying for
bail, etc.

Objection

The formal registration of protest against the admission of a

piece of evidence at trial or a line of questioning on the
grounds of some legal defect.

Opening address

An opening speech made by the Crown Prosecutor and the

defence counsel to the Jury in a trial to give a brief outline of
the case.

Translation Equivalent/Notes

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Court Procedures
Term/Phrase

Definition/Explanation

Pretrial hearing

A proceeding held before an official trial, mainly to clarify

points of law and facts.

Registry committal

A committal that is dealt with in the registry of the court,

without a hearing, using only documents filed by the parties.

Submissions

The opinion, argument, etc. put forward by the contending

parties in a court case.

Trial

Examination of evidence and applicable law by a court to

determine the issues of specified charges or claims.

Voir dire

Old French: to speak the truth

A preliminary examination of prospective jurors or witnesses
under oath to determine their competence or suitability.

Translation Equivalent/Notes

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Levels of Court
Courts/Tribunals
Term/Phrase

Definition/Explanation

Childrens Court

A court that deals with matters related to the care and

protection of children and young people, and also criminal
cases concerning children and young people.

Coroners Court

A court that conducts inquests into deaths.

District Court

The middle court in the States legal system. It is a trial court

and can hear certain appeals. It has both a criminal and a civil
jurisdiction.

Family Court

A specialist Federal court dealing only with family law matters.

High Court

The High Court is the highest court in the Australian judicial

system. The functions of the High Court are to interpret and
apply the law of Australia, decide cases of special federal
significance including challenges to the constitutional validity
of laws and to hear appeals from Federal, State and Territory
courts.
The lower court in the States legal system. It hears less
serious matters, both criminal and civil. A Magistrate hears
matters alone, without a jury.

Magistrates Court

Queensland Civil
and Administrative
Tribunal (QCAT)

Translation Equivalent/Notes

A tribunal (not a court) which determines minor civil disputes

(such as consumer disputes, residential tenancies, and dividing
fences), appeals against administrative decisions and hearings
in relation to professional boards.

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Courts/Tribunals
Term/Phrase
Supreme Court

Definition/Explanation

Translation Equivalent/Notes

The Supreme Court is the highest state court. It is made up of

the trial division and the Court of Appeal. It has unlimited
jurisdiction and hears the most serious criminal and civil
matters.

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Addressing People in Court

Ways of Formally Addressing and Referring to People in Court
Term/Phrase

Definition/Explanation

my learned
friend

A respectful way of referring to the opposing counsel in court.

the accused

The person charged with a criminal offence and tried under

the court of law such as District Court/Supreme Court.

the aggrieved

The person in need of protection and for whose benefit a

domestic violence order is made.

the defendant

The person charged with a criminal offence and tried under

the court of law such as the Magistrates Court.

the respondent

The party who responds to a claim filed in court against them

by a plaintiff.

the plaintiff

The person who initiates or files a case with a court.

the applicant

The person who makes an application.

Translation Equivalent/Notes

33 | P a g e

Ways of Formally Addressing and Referring to People in Court

Term/Phrase

Definition/Explanation

the appellant

The person who makes an appeal.

the Crown
prosecutor

The person who prosecutes an offender under the court of

law.

the learned
Crown prosecutor

A respectful way of addressing or referring to the Crown

prosecutor by the defence counsel or the judge.

the learned
counsel

A respectful way of referring to the defence counsel by the

prosecutor or the judge.

Your Honour

A respectful way of directly addressing the presiding

magistrate or judge.

Your learned
brother/sister,
Judge

A respectful way of referring to another judge in front of the

presiding judge.

Mr/Madam
Crown

A respectful way of addressing or referring to the Crown

prosecutor by the presiding judge.

Translation Equivalent/Notes

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Jury Terms
Jury
Term/Phrase

Definition/Explanation

Challenge (a
potential juror)

A formal objection to a potential juror called from the jury

panel prior to this person being sworn in as a juror.

Deliberation

Discussion and consideration of evidence by the jury prior to

reaching and delivering a verdict.

Empanelling the
jury

A process of selecting a jury by a balloting system, from a

panel of potential jurors.

Foreperson

The spokesperson of a jury.

Hung jury

A jury that after an extended period of deliberation, cannot

reach a unanimous or majority verdict.

Jury panel

A group of potential jurors, consisting of citizens called by the

Office of the Sheriff to serve jury duty.

Majority verdict

A verdict that most of the jurors agreed to (e.g. 11 out of 12

jurors agree on the verdict).

Translation Equivalent/Notes

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Jury
Term/Phrase

Definition/Explanation

Unanimous verdict

A verdict that all of the jurors agreed to.

Verdict

A finding or decision of a jury on the guilt or innocence of the

accused in a criminal trial.

Translation Equivalent/Notes

36 | P a g e

Domestic and Family Violence

DFV Specific Terms
Term/Phrase

Definition/Explanation

Aggrieved

The person in need of protection and for whose benefit a

domestic violence order is made.

Associate

A person who the aggrieved regards as a friend; or a person

who regards himself or herself as a friend of the aggrieved.

Associated domestic
violence

Acts of domestic violence by a respondent towards:

a child of the aggrieved;
a child who usually resides with the aggrieved;
a relative of the aggrieved; or
an associate of the aggrieved.
An adult authorised by the aggrieved to appear on behalf of
the aggrieved. The authorisation should be in writing. The
authorisation may not be in writing where the aggrieved
cannot provide authorisation and the court believes the
person is authorised (for example, if the aggrieved has a
physical disability that prevents this).
The standard of proof required by the judicial officer, who
must be satisfied that it is more probable than not that the
acts of domestic violence occurred.

Authorised person

Balance of
probabilities

Breach

Translation Equivalent/Notes

This is where the respondent knowingly breaks any of the

conditions of the protection order that the Magistrate has
granted. The aggrieved should report any breaches to the
Police.

Child of an
A child, whether biological, adopted or a stepchild, of the
aggrieved/respondent aggrieved or respondent, or in the care or custody of the
aggrieved or respondent.
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DFV Specific Terms

Term/Phrase

Definition/Explanation

Child who usually

lives with the
aggrieved

A child who spends time at the residence of the aggrieved on a

regular or on-going basis.

Closed court

Members of the public will not be allowed at the hearing for a

domestic violence protection order application. The aggrieved
is allowed to have someone present throughout the
proceedings to provide support and other assistance.

Coerce

Compel or force a person to do, or refrain from doing

something.

Conditions of an
order

Conditions imposed by the court when making an order that

restrict or prohibit conduct of the person against whom the
order is made.

Consent

Means permission freely and voluntarily given by a person

with capacity to give the permission.

Consent order

A protection order that is made by the judicial officer when

the aggrieved and the respondent agree to its conditions.
There is no obligation on either party to consent. Consent
must be freely and voluntarily given by a person with capacity
to give the consent.
This is where the respondent disputes an application for a
protection order.

Contested application

Contravention of an
order

Translation Equivalent/Notes

This means the same as breach of an order (see above).

38 | P a g e

DFV Specific Terms

Term/Phrase

Definition/Explanation

Couple relationship

Exists between two persons if the persons have or had a

relationship as a couple.

Cross-application

This is where both parties make applications for protection

orders against each other.

Cross-examination

This can be when a person who gives evidence in court is

questioned by the other party.

Domestic violence

Behaviour by a person (the first person) towards another

person (the second person) with whom the first person is in
a relevant relationship that is:
physically or sexually abusive;
emotionally or psychologically abusive;
economically abusive; or is threatening;
coercive; or
in any other way controls or dominates the second person
to fear for the second person's safety or wellbeing or that of
someone else.
A temporary protection order or protection order. These
orders may include a number of conditions (see above).

Domestic Violence
Order

Economic abuse

Translation Equivalent/Notes

Behaviour by a person that is coercive, deceptive or

unreasonably controls another person without the second
persons consent:
in way that denies the second person the economic or
financial autonomy the second person would have had but
for that behaviour;
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DFV Specific Terms

Term/Phrase

Definition/Explanation

Translation Equivalent/Notes

by withholding or threatening to withhold the financial

Emotional or
psychological abuse

Enforceable

Engagement
relationship

Evidence

Exposed

support necessary for meeting the reasonable living

expenses of the second person or a child, if the second
person or the child is entirely or predominately dependent
on the first person for financial support to meet those living
expenses.
Behaviour by a person towards another person that torments,
intimidates, harasses or is offensive to the other person.

A domestic violence order is active, or able to be enforced by

the police, if:
the respondent was present in court when it was made;
a police officer has personally served the protection order
upon them; or
the respondent has been told by a police officer about the
existence of the order, including the condition alleged to
have been contravened.
Exists between two persons if the persons are or were
engaged to be married to each other, including a betrothal
under cultural or religious tradition.
The aggrieved must prove that acts of domestic violence have
occurred on the balance of probabilities. Testimony from
family, neighbours or a doctor, photographs of injuries and
torn clothing, copies of text messages, phone records, phone
recordings and comments posted on social media are
examples of evidence.
A child is exposed to domestic violence if the child sees or
hears domestic violence or otherwise experiences the effects
of domestic violence.

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DFV Specific Terms

Term/Phrase

Definition/Explanation

Family Court of
Australia

A federal court that resolves disputes about family law

matters in Australia, including parenting issues and financial
issues following separation.

Family relationship

Exists between two persons if one of them is or was the

relative of the other.
Refer to the definition of a relative.

Hearing

The Magistrate will hear evidence from both sides and either
makes a protection order or dismisses the application. One
side may elect not to give evidence.

Informal care
relationship

Exists between two persons if one of them is or was

dependent on the other person (a carer) for help in an activity
of daily living. The relationship does not exist between a child
and parent of a child. It also does not exist if the person helps
the other person in an activity of daily living under a
commercial agreement.
An order made by a court of another State, Territory or New
Zealand.

Interstate order

Intimate personal
relationship

An intimate personal relationship is a spousal relationship, an

engagement relationship or a couple relationship.

Intimidation or
harassment

An aggrieved is intimidated or harassed if followed by the

respondent in public, or if the respondent loiters outside the
home or workplace, injures or threatens to injure a pet, or
repeatedly telephones without consent.

Translation Equivalent/Notes

41 | P a g e

DFV Specific Terms

Term/Phrase

Definition/Explanation

Judicial Officer

The person who hears the application and decides whether a

protection order should be made. This will most likely be a
Magistrate, as an application for a protection order is filed in
the Magistrates Court.

Mention date

This is the return date on the application. The Magistrate may

adjourn the application to future mention dates or adjourn
the application for a hearing.

Named person

A relative, associate, or child who is protected by being

specifically named in the domestic violence protection order.

No-contact condition

A respondent who is under this condition cannot telephone,

speak to, or follow the aggrieved or go to a place where the
aggrieved is likely to be. They also cannot email or contact the
aggrieved by any other electronic means.

Ouster condition

The respondent is prohibited from remaining at the stated

premises, entering or attempting to enter the premises and/or
approach within a stated distance of the premises.

Parent

The childs mother or father and anyone else having or

exercising parental responsibility for the child. A parent does
not include a person standing in the place of a parent of the
child on a temporary basis; an approved foster carer of the
child, or an approved kinship carer for the child. A parent of
an Aboriginal or a Torres Strait Islander child includes a person
who under Aboriginal tradition or Island custom is regarded as
a parent of the child.
This person can appear in court on behalf of the aggrieved. If
an aggrieved would like the police prosecutor to represent
them in court, then suitable arrangements should be made
prior to the court appearance. The police prosecutor is able to

Police prosecutor
see prosecutor

Translation Equivalent/Notes

42 | P a g e

DFV Specific Terms

Term/Phrase

Definition/Explanation

Translation Equivalent/Notes

represent the original aggrieved in an application for a

protection order if a cross application is filed.

Police protection
notice (PPN)

Premises in the
ouster condition

Prosecutor

Protection order

Re-examination

If a police officer reasonably believes domestic violence has

been committed, the police office may (among other actions)
issue a police protection notice, which prohibits a person
(respondent) from committing an act of domestic violence
towards another (aggrieved) and must be of good behaviour.
A PPN may include a cool-down condition. A PPN is a shortterm notice that becomes an application for a protection
order heard by the court.
Premises where the respondent has a legal or equitable
interest, or where the aggrieved and respondent live together
or previously lived together or where the aggrieved or a
named person lives, works or frequents.
A prosecutor is a person who conducts proceedings on behalf
of the prosecution. For matters in a Magistrates or Childrens
Court, the prosecution may be conducted by a police
prosecutor who could be a police officer or a lawyer employed
as a police prosecutor. For Domestic and Family Violence
matters, a Queensland police prosecutor may conduct
proceedings on behalf of an applicant.
A court order that prohibits one person (respondent) from
committing an act of domestic violence towards another
(aggrieved).
This is when people are questioned again by their own
representatives in court to clarify the evidence heard by the
court.

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DFV Specific Terms

Term/Phrase

Definition/Explanation

Registered interstate
order

An interstate order that is registered in Queensland.

Respondent

The person against whom the domestic violence protection

order or a police protection notice is sought or made.

Return condition

Allows the respondent to return to the premises to recover

stated personal property or to remove property.

Serve

Delivery of the application or domestic violence order to the

respondent. The police do this. If the respondent is present in
court, they do not have to be served with the order; however,
they still need to be given a copy. If a respondent is a child
under 18 years (or 18 and over only if ordered by the court),
then a copy of all documents must be given to a parent of the
child.
A spousal relationship exists between spouses.

Spousal relationship

Spouse

A spouse includes a de facto partner and civil partner. It also

includes a former spouse of the person and a parent or former
parent of a child of the person.

Subpoena

A document issued by a court requiring the attendance of a

person before the court to give evidence in person or to
produce evidence to the court.

Translation Equivalent/Notes

44 | P a g e

DFV Specific Terms

Term/Phrase

Definition/Explanation

Temporary order

A temporary protection order is one that is made for a short

period of time until a final decision on an application for a
protection order is made by the court.

Unauthorised
surveillance

Unreasonable monitoring or tracking of the persons

movements, activities or interpersonal associations without
the persons consent, including, for example, by using
technology.

Variation of domestic
violence order

Includes a variation of a condition, duration or the persons

named in the order.

Voluntary
intervention order

An order that requires the respondent to attend:

an approved intervention program; and/or
counselling provided by an approved provider.

Weapon

This includes anything that has been used to threaten or injure

the aggrieved, for example a martial arts weapon, a bat or
even a dog. Information about such weapons, and any
weapons licences, may be included in the domestic violence
order.
Where a person agrees to the making of a protection order,
and being named as the respondent (a consent order), even
though they do not admit to the allegations of domestic
violence and the court has not made a finding that domestic
violence has occurred.

Without admissions

Translation Equivalent/Notes

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Queensland Civil and Administrative Tribunal

QCAT Specific Terms
Term/Phrase

Definition/Explanation

Adjourn

To suspend or put off a meeting or hearing to a future date.

Adjudicators

Legally qualified QCAT decision-makers for minor civil disputes

and other matters.

Administrator

A person appointed by QCAT to help adults with impaired

decision-making capacity by making certain financial and legal
decisions on their behalf.

Alternative
dispute
resolution (ADR)

Different ways to work out differences of opinion and reach

an agreement outside of court; including mediation,
conciliation and compulsory conferences.

Adversarial

A legal system or proceeding where each party with

competing claims puts their best case to an impartial person
who then decides the outcome.

Advocate

The person presenting a case to a court or tribunal on behalf

of one of the parties involved.

Affidavit

A written statement made by a person to be used in a court

proceeding as evidence. A person who makes an affidavit
must swear an oath or make an affirmation that the contents
of the affidavit are true. A person who makes an affidavit may
be cross-examined about its contents at a hearing.

Translation Equivalent/Notes

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QCAT Specific Terms

Term/Phrase

Definition/Explanation

Alias

Another name used by a person. Often, it is a false or assumed

name.

Allegation

A statement, still to be proved, made by a party in a legal

proceeding.

Appeal

A procedure, through which, in certain circumstances, a party

may request a higher decision-maker to reconsider a decision
made. Often leave (or permission) to appeal is required before
a decision is reconsidered.

Appeal tribunal

This is the internal appeal tribunal in QCAT, where most

appeals against decisions of QCAT are heard.

Appellant

The person or organisation appealing a decision.

Applicant

The person who has submitted an application to QCAT

requesting assistance in resolving a dispute, grievance or other
issue.

Breach of duty of
care

Negligent or careless conduct, or failure to act, by a person

who owes a duty of care to another and who fails to maintain
the standard of care necessary to fulfil that duty.

Compulsory
conference

A dispute resolution method used by the tribunal to mediate

settlement, identify issues in dispute and make orders and
directions.

Translation Equivalent/Notes

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QCAT Specific Terms

Term/Phrase

Definition/Explanation

Consent order

An order of the tribunal that is agreed to by both parties, and

which the tribunal also agrees to make.

Consumer

In a minor civil dispute, an individual who buys or hires goods

or services other than for resale or in trade or business i.e. for
personal use.

Contract

A contract may be a written or a verbal agreement between

parties. It Is:
a legally binding promise or agreement; and
the form or document that records the terms of an
agreement between parties.
In some circumstances, QCAT can correct a decision if it
contains a clerical mistake:
an error arising from an accidental slip or omission;
a material miscalculation of figures or a material mistake in
the description of a matter, person or thing mentioned in
the decision; or
a defect of form.
A counter-application is an application by the respondent
against the applicant or another party regarding the same
dispute or issue.

Correction

Counter-claim or
counterapplication
Cross-examination

The process of asking a witness questions to test or check the

evidence that the witness has given to the tribunal.

Decision

A decision is the orders given by the tribunal when a matter

has been determined by a QCAT decision-maker.

Translation Equivalent/Notes

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QCAT Specific Terms

Term/Phrase

Definition/Explanation

Default decision

A decision made by the tribunal in the absence of the parties,

to a dispute or a response from the respondent to an
application.

Directions

Orders made by the tribunal for parties to do certain things to

progress a matter e.g. to file and exchange material.

Directions hearing

A short hearing in which the member will make directions

about how the dispute will be managed. Generally, the
directions hearing will not deal with the substance of the
dispute and will aim to streamline the matters progress.

Dismissal

An application is dismissed where the decision-maker decides

that the application is without merit, has not been proved by
the applicant or for another reason provided by the decisionmaker. This does not necessarily mean the decision-maker has
decided in favour of the respondent.
An Act that gives QCAT the power to hear a dispute.

Enabling Act

Evidence

The facts, circumstances or documents that parties present to

the tribunal to prove their case. Evidence must be given orally
or in writing and if required, under oath or by affidavit.

Exhibits

Documents or things produced by a party which the tribunal

agrees to accept as evidence. If the documents are referred to
in a statement or affidavit, they should be clearly identified
and attached to that statement.

Expert conclave

An expert conclave is a private meeting between experts in

the same field of expertise, chaired by a member of the
tribunal. The purpose is to reach an agreement on expert

Translation Equivalent/Notes

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QCAT Specific Terms

Term/Phrase

Definition/Explanation

Translation Equivalent/Notes

evidence given to the tribunal, generally used where there is

conflicting evidence by different experts.

Final hearing

The hearing at which a final decision is made. After some final

hearings, the tribunal will give its decision; in some, the
tribunal may reserve its decision to consider the matter, and
deliver that decision at a later time.

Guardian

A guardian is a person appointed to help adults with impaired

decision-making capacity by making certain personal and
health care decisions on their behalf.

Impaired capacity

The inability of a person to go through the process of reaching

a decision and putting it into effect based on three elements:
understanding the nature and effect of the decision;
freely and voluntarily making a decision; and
communicating the decision in some way.
A dispute resolution method used to assist agreement or
reconciliation between parties. This involves exploring
possible agreements without an adversarial hearing.
Mediations are conducted by impartial dispute resolution
professionals.
The hearing of the dispute before the tribunal has not finished
and more time has to be set aside to complete the hearing.

Mediation

Part heard

Parties

The people or companies who are named in the dispute.

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QCAT Specific Terms

Term/Phrase

Definition/Explanation

Penalty

A punishment, fine or disadvantage imposed for wrong

conduct.

Preliminary
hearing

A hearing of a particular issue that does not finalise the

dispute.

Procedural fairness

Part of natural justice. The obligation to ensure that parties

are given the opportunity to put their case to the tribunal,
including being able to respond to another partys case.

Re-hearing

The way in which QCAT hears appeals (and some matters in

QCATs review jurisdiction when enabling Acts say QCAT has
to hear the matter this way).

Re-opening

Re-openings are different to appeals. QCAT can decide to hear

the matter again (re-open it) if:
a party did not appear (and has a good reason for this); or
significant new evidence has come to light that was not
available at the first QCAT hearing and there would be
substantial injustice to the party if it wasnt re-opened to
hear this evidence; or
it is more effective or convenient for QCAT to deal with the
matter this way instead of by way of an appeal.
This is a person who represents a party during the tribunal
process, often used interchangeably with advocate.

Representative

Reserved decision

Translation Equivalent/Notes

A decision that will be announced at a later date is a reserved

decision.

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QCAT Specific Terms

Term/Phrase

Definition/Explanation

Respondent

The party against whom a QCAT application has been made.

Self-representation

Where parties conduct their own case, without a third party

representing them in the tribunal. Also referred to as litigant
in person.

Standard of proof

The test that the tribunal must apply to the evidence and
documents that parties provide to the tribunal to decide
factual issues, or to decide whether a party has satisfied the
test imposed by law. The standard of proof will depend on the
type of matter being heard, and the factual issues disputed by
the parties.
A stay of a decision postpones a decision taking effect until a
certain date.

Stay

Submissions

The things that a party says to persuade the tribunal to make a

decision in that partys favour. Submissions can be written, or
spoken at a hearing. Submissions are different from giving
evidence.

Witness

A person who gives evidence to the tribunal.

Translation Equivalent/Notes

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Related Legal Organisations

Related Government Services/Organisations
Term/Phrase

Definition/Explanation

Attorney-General
(AG)

The chief law officer of the State and the Minister for Justice.
The Attorney-General is the head of the Department of Justice
and Attorney-General.

Commissioner for
Declarations

A person authorised to witness and sign statutory declarations

and affidavits, and to certify copies of original documents.

Community Legal
Centre (CLC)

A centre that provides free legal advice mainly to

disadvantaged or at risk people.

Queensland
Corrective Services

The agency that provides custodial and communitybased

correctional services aimed to reduce reoffending and
enhance community safety.

Crime and
Corruption
Commission (CCC)

An agency that investigates serious and organised crime and

corruption.

Department of
Communities, Child
Safety and
Disability Services
(Communities,
Child Safety, DOCS)
Director of Public
Prosecutions (DPP)

A department whose main role is to promote the safety and

wellbeing of children and young people and to build stronger
families and communities. It provides child protection
services, parenting support and early intervention, foster care,
adoption services, disability services and help for communities
affected by disaster.
The agency that conducts prosecutions for indictable offences.

Translation Equivalent/Notes

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Related Government Services/Organisations

Term/Phrase

Definition/Explanation

Justice of the
Peace (JP)

A person authorised to witness and sign statutory declarations

and affidavits, to certify copies of original documents, and to
issue summonses and warrants.

Legal Aid
Queensland (LAQ)

An agency that provides legal advice, assistance and

representation to disadvantaged people.

Brisbane Domestic
Violence Service

A specialised legal service for women experiencing domestic

violence that informs them of their legal rights and their right
to access available services.

Probation and
Parole

A branch of Corrective Services which works with offenders

who are supervised in the community as well as offenders
who are serving a custodial sentence

Mental Health
Services

Services and supports provided by the Department of Health

for people with mental illnesses. Courts often require
assessments from these services regarding mentally ill
defendants/accused persons.

Victim Assist
Queensland (VAQ)

Victim Assist Queensland is part of the Department of Justice

and Attorney-General that provides support and information
for victims of crimes.

Womens Support
Group

Community organisations providing information and support

for women, specialising in court support for victims of crimes
and Domestic Violence.

Translation Equivalent/Notes

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