Glossary T-Z

taxable form
a lawyer’s bill that shows a detailed list of the lawyer’s charges.

tenants in common
a type of co-ownership where the owners hold undivided shares, without exclusive possession of any part of it; each person may leave their share to someone else in a will (i.e. land does not automatically pass to the co-owners upon an owner’s death).

tendering of documents
the request to hand up to the judicial officer a document or thing that a party wants the court to consider as part of the evidence; the other party may object to the document or thing being accepted into evidence.

tenure
a right of holding land under someone else’s ownership.

testamentary capacity
the ability to make a valid will.

testator
a person who has made a will.

tort
a civil wrong, which causes harm intentionally or negligently for which the injured person may claim damages (compensation).

treaty
an international agreement between two or more countries.

trespass
wrongful entry onto, or interference with, a property without permission of the owner or occupier of the property.

trial
in an adversarial system, a judicial examination of evidence with a determination of legal claims.

trust
a form of ownership of property where one or more persons (the trustee) is the legal owner but must use the property only for the benefit of another or others.

trust account
a special bank account where money is held on behalf of other people, subject to strict legal requirements (Trust Accounts Act 1973 (Qld)).

trust deed
a document which sets out the rights and obligations of the trustee and beneficiaries of a trust.

trustee
the party who holds legal title to property but holds the property for the benefit of another party and has duties to that other party.

uberrima fides
common law concept of utmost good faith.

ultra vires
‘beyond the power’; an act which is in excess of the authority conferred by law and therefore invalid.

unconscionable
unfair, unreasonable, not guided by conscience.

unconscionable conduct
action that takes unfair advantage of another party who is under a special disability in a contract or transaction.

undertake
to promise to a court to do or refrain from some act.

unlawful assembly
when three or more people act together in a way that suggests violence will be used; a public assembly that has not been approved under
the Peaceful Assembly Act 1992 (Qld).

unliquidated
undetermined, unascertained (e.g. when damages are left to a jury to determine).

utter
to deal with a forged document.

valid
legally binding or effective.

vendor
seller (usually of real property).

vicarious liability
responsibility that an employer takes for conduct of a worker, because of their relationship.

victim impact statement
a statement to the court by the victim of a crime, setting out details of injury, loss or damage caused by the crime.

vilification
lowering in estimation or importance.

void
of no legal effect.

voidable
an agreement (or other act) which either of the parties is entitled to rescind and which, until that happens, has full legal effect; there are certain restrictions on what is voidable and it requires advice from a lawyer.

voir dire
a preliminary examination of a witness in a hearing, in order to determine the admissibility of certain evidence (e.g. the qualifications of an expert or the admissibility of a confession
in a criminal case).

volenti non fit injuria
doctrine that states that a person who willingly and voluntarily submits to a certain risk cannot claim damages if injury occurs.

waive
to give up a legal right or claim.

ward
a minor under the care of a legal guardian.

warrant
a written legal document that gives authority to a police officer to take certain action (e.g. to search premises or to place a person under arrest and bring them before the court).

warranty
1. a guarantee or assurance;
2. a clause in a contract; if the clause is breached, damages can be claimed;
3. a promise to repair or replace defective goods.

will
a written declaration of intention regarding arrangements to take effect upon the will-maker’s death.

winding up
the process where a company ceases operations, realising (liquidating or gathering) its assets, paying debts and distributing the balance, if any, to its members; winding up may be voluntary or enforced by the court upon application of others.

without prejudice
a statement or offer made on the basis that it will not affect a person’s legal rights in later court action.

workplace agreement
an agreement (made with certain procedural requirements) between an employer and an individual employee.

writ
a document issued by a court which commands the person to whom it is addressed to do or refrain from doing some act.

written off
cancellation of a debt, releasing the debtor from their obligation to pay.

wrong
an act that breaches a legal right.

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