Glossary O-Q

oath
a solemn undertaking or promise to tell the truth, usually sworn on a bible or religious text.

offence
a breach of the criminal or regulatory law.

offender
a person who commits an offence.

official receiver
an independent person appointed to protect property that may be subject to various legal claims (e.g. property belonging to a bankrupt person).

ombudsman
a public official appointed to investigate citizens’ complaints against the administrative agencies of government.

on their own undertaking
release on bail without being required to deposit money as security for a later appearance in court.

onerous
1. burdensome or oppressively heavy;
2. involving a return benefit, compensation or consideration.

onus of proof
the obligation to prove what is alleged.

order to review
appeal to a higher court.

parenting orders
court orders relating to the care of children.

parenting plan
a written agreement between parents who are separated or divorced, setting out matters relating to care of and responsibility for the children of their relationship and complying with the requirements of the Family Law Act 1975 (Cth).

parole
the probationary release of a prisoner before the end of their sentence.

party/party costs
fair and reasonable costs incurred by a party in defending or enforcing their rights; see lawyer/ client costs.

pecuniary loss
loss of an easily calculated sum of money (claimable in damages).

penalty units
used in legislation to set the amount payable for a fine; different penalty units can apply for state and federal laws.

perjury
lying under oath in court proceedings, which is an offence.

perpetrator
person who commits an offence.

plaintiff
person who starts legal proceedings against someone else in a civil dispute.

plea in mitigation
a speech made to the judge or magistrate before a person is sentenced for a crime; the aim of the plea is to present reasons why the judge or magistrate should be lenient on the offender.

pleadings
statements given by parties to each other during the process of defining the issues to be decided in a court action.

police brief
the evidence the police prosecutor relies on to prove the guilt of a person charged with a criminal offence.

polygamous marriage
practice of having more than one spouse at a time.

power of attorney
a formal written legal document by which one person gives another the power to represent them and to act in their place for certain purposes.

precedent
a judicial decision on a point of law that all lower courts must follow; see doctrine of precedent.

prejudicial
damaging to a person’s legal rights.
preliminary examination
see committal hearing.

prima facie
‘on the face of it’; prima facie evidence is that which will prove a fact or allegation if no other evidence is produced to the contrary.

principal relief
in a divorce action, the dissolution of marriage itself, rather than ancillary relief such as residence of children.

privilege
the right to prevent certain information being used as evidence in court proceedings
(e.g. communications between lawyer and client do not have to be disclosed as evidence.

privity of contract
only parties to a contract have rights and obligations under it.

pro bono (publico)
‘for the public good’; usually free or reduced fee legal assistance.

pro rata
in proportion.

probate
the process of proving a will, by seeking the court’s approval that the document is the deceased’s last will.

probation
a criminal law order, releasing the offender but requiring the offender to be strictly supervised for a specific period of time.

procedural fairness
the rules and procedures to be followed by a person or body with the power to settle disputes (e.g. a party to a dispute must have an opportunity to respond to allegations made against them).

procure
to get or obtain.

professional indemnity insurance
insurance that provides cover for a professional person against claims for negligence arising out of the performance of their duties.

proponent
a person who puts forward a proposal.

prosecution
the party who seeks to prove the guilt of a person accused of committing a crime; usually the police or a lawyer employed by the Director of Public Prosecutions.

provable debt
a debt that is accepted by the trustee of a bankrupt for payment from available funds, and from which the bankrupt is no longer responsible to pay at the end of the bankruptcy time period.

proxy
a person authorised to do something for someone else; an agent.

public advocate
a position created by the Guardianship and Administration Act 2000 (Qld), which provides advocacy regarding systems for people with impaired capacity.

public nuisance
something unauthorised that is obnoxious or causes injury, that interferes with a public right to do something (e.g. the unauthorised pollution of a waterway by a chemical company).

Public Trustee
the Queensland Government department that can act as the administrator of deceased estates, that can provide financial management for people with a disability and give aid in any legal proceedings by or against a disadvantaged person.

punitive damages
damages that are awarded to punish the offender.

quantum
the amount of money or compensation awarded as damages.

quorum
the number of members of a body required to be present to transact business legally.