Legal Terms Explained
Written because a person served with a document should not need a lawyer to understand what the document is.
These are plain-English definitions of terms that appear routinely in Queensland court documents and correspondence. They are explanations of usage, not legal definitions, and where a term has a specific statutory meaning the legislation governs. Terms are listed alphabetically, and where an article on this site covers a term in depth it is linked.
Why this page exists
Legal language is not designed to exclude people, but it has that effect. A document that says a matter is listed for mention on a stated date, and that the respondent may file material in reply, is entirely clear to a lawyer and close to opaque to the person it was served on.
The definitions below are how these words are used in practice in Queensland courts and tribunals. They are not statutory definitions. Where a term is defined in legislation — and many are — that definition governs, and it is sometimes narrower or broader than ordinary usage would suggest. Where that distinction matters, the entry says so.
- Adjournment
- Postponing a matter to a later date. On a first appearance an adjournment to obtain legal advice is ordinarily granted, and asking for one costs you nothing.
- Affidavit
- A written statement of evidence, sworn or affirmed to be true, used where evidence is given in writing rather than orally. Knowingly swearing a false affidavit is a serious offence.
- Aggrieved
- In Queensland domestic violence proceedings, the person a protection order is made to protect. The person the order is made against is the respondent.
- Bail
- Release from custody, with or without conditions, while a criminal charge is dealt with. See bail applications.
- Balance of probabilities
- The civil standard of proof: more likely than not. It applies in civil claims and in protection order applications, and is a lower threshold than the criminal standard.
- Beyond reasonable doubt
- The criminal standard of proof, which the prosecution must meet to secure a conviction. It is deliberately demanding and is not the same as certainty.
- Committal
- The Magistrates Court stage at which an indictable charge is examined and, if it proceeds, sent to the District or Supreme Court for trial or sentence.
- Consent order
- An agreement filed with and made by a court, so that it becomes an enforceable order. Common in family law. See consent orders.
- Contravention
- Breaching a court order. Contravening a domestic violence order is a criminal offence in Queensland, and intention to breach is not required.
- Costs order
- An order that one party pay another’s legal costs. Recovery is ordinarily partial rather than complete. See what legal help costs.
- Disbursement
- An amount a law firm pays to a third party on a client’s behalf — filing fees, barristers’ fees, expert reports, searches. Charged separately from professional fees.
- Disclosure
- The obligation to provide relevant documents and information. In family law property matters the duty of full and frank disclosure is ongoing and applies before proceedings are filed.
- Ex parte
- A step taken with only one party present, generally where a matter is urgent. A temporary protection order can be made ex parte.
- Indictable offence
- A more serious offence, ordinarily heard in the District or Supreme Court, often before a judge and jury. Some indictable offences can be dealt with summarily.
- Injunction
- An order requiring a party to do, or to refrain from doing, something. Often sought urgently to preserve a position until a dispute is decided.
- Mention
- A short, largely administrative court appearance at which a matter is listed and directions are made. Most first appearances are mentions, not hearings.
- Party
- A person or entity involved in a proceeding. Depending on the type of matter, parties are called applicant and respondent, or plaintiff and defendant.
- Quantum
- The amount in issue — how much, as distinct from liability, which is whether anyone is responsible at all. The two are frequently disputed separately.
- Respondent
- The party responding to an application. In protection order proceedings, the person the order is sought against.
- Rehabilitation period
- The period after which a Queensland conviction generally becomes spent under the Criminal Law (Rehabilitation of Offenders) Act 1986. See criminal history and blue cards.
- Subpoena
- A court order requiring a person to give evidence or produce documents. Ignoring one is contempt, not an option.
- Summary offence
- A less serious offence dealt with by a magistrate sitting alone, without a jury.
- Undertaking
- A formal promise given to a court or to another party. An undertaking to a court is binding and breaching it is treated as seriously as breaching an order.
- Without prejudice
- A label on settlement communications indicating they are not to be used as evidence of an admission. It is not a magic phrase — what matters is whether the communication was genuinely part of a settlement attempt.
Two distinctions worth understanding
The first is the standard of proof. Criminal matters are decided beyond reasonable doubt; civil matters, including protection order applications, are decided on the balance of probabilities. This is why the same set of events can produce a protection order but no criminal conviction, which is a source of considerable and understandable confusion.
The second is the difference between liability and quantum. Whether someone is responsible, and how much they owe, are separate questions that are often argued separately and can be resolved at different times. A defendant who admits liability may still contest quantum vigorously, and settlement discussions frequently proceed on that basis.
This page explains ordinary usage and is not a substitute for a statutory definition. Where a term is defined in legislation for a particular purpose, that definition applies. Confirm against the relevant Act. See sources 1 and 2.
Further sources for the Knowledge Hub as a whole are listed on the hub source list.