Legal Words used in Court

Address for service - the address given by a party where documents can be served on them by hand, post or some other form of communication; for example, electronic.

Adjourn – defer or postpone a court event to another day.

Affidavit – a written statement by a party or witness. It is the main way of presenting the facts of a case to the Court. An affidavit must be sworn/affirmed before a person who is authorised to witness affidavits; for example, a lawyer or Justice of the Peace.

Applicant – the person who applies to the Court for orders.

Certificate of Divorce - the document issued by the Court when the divorce order becomes final.

Court hearing – the date and time when a case is scheduled to come before the Court.

Divorce order - an order made by the Court that ends a marriage. The divorce order becomes final one month and one day after it is made, unless it is shortened by order of the Court.

Family Law Act 1975 – the law in Australia which covers family law matters.

Family Law Courts - comprise the Family Court of Australia and the Federal Magistrates Court of Australia.

Family law registry – a public area at the Family Law Courts where people can obtain information about the court process and where parties file documents in relation to their case.

Family violence - conduct (whether actual or threatened) by a person towards a family member, or property of a family member, that causes reasonable fear (or reasonable apprehension) for his/her personal wellbeing or safety.

Family violence order – an order made under Commonwealth, state or territory legislation to protect a person, including a child, from violence.

Filing - the procedure of lodging a document at a family law registry.

Judicial officer – a person who has been appointed to hear and decide cases; for instance, a judge or federal magistrate.

Party or parties - a person or people involved in a court case; for example, the applicant and/or respondent.

Registrar – a court lawyer who has been delegated power to perform certain tasks; for example, grant divorces, sign consent orders and decide the next step in a case.

Respondent - a person named as a party to a case. A respondent may or may not respond to the orders sought by the applicant.

Rules – a set of directions that outlines court procedures and guidelines.

Sealed copy - a copy of a document which has the original court seal stamped on it.

Service – the process of sending or giving court documents to a party after they have been filed, in accordance with the rules of court. Service ensures that all parties have received the documents filed with the Court.

Spouse - husband or wife.

Substituted service - a court order that allows you to serve court documents on a third person, who will bring them to the attention of a party.

Source:
The information on this page has been obtained from the Family Law Courts and was last updated on 29 June 2007.

The information is general in nature and does not necessarily reflect our views, or indicate a commitment to a particular course of action. Before any action or decision is taken on the basis of any material on this site you should obtain appropriate independent professional advice. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. By supporting the sponsors of this site you help to keep it running.