Glossary
Abridge:
Order to bring forward date allocated for hearing (or arbitration) etc.
Affidavits:
Statements made which are made in writing and which are signed by the person making the affidavit (the deponent) in the presence of an authorised person. The truth of the affidavit is verified when the deponent makes a solemn oath or affirmation. The authorised person completes the document by signing it and by recording the date, and place where the affidavit was signed and the oath or affirmation made. The authorised person must also give full details of his/her name, address and authorised occupation. Affidavits can sometimes be used in a civil claim or dispute instead of oral evidence.
Affidavits of service:
A form of affidavit which is used to provide evidence of the date, place and time when a court document was given to a person (served) and how the document was given.
Application:
Brought by summons or orally, on notice or ex parte, to obtain order of a court before during or after determination of a proceeding.
Arbitration:
Determination of substantive proceeding brought on complaint for money or value less than $5000.00, pursuant to Section 102 of Magistrates' Court Act 1989. Arbitrated by magistrates after hearing evidence and submissions – may be arbitrated by registrars if Rules are made. Not bound by the rules of evidence.
Bench Clerk :
Magistrate's clerk in the court room. Manages daily list for magistrate. Records the hearing/arbitration. Prepares and despatches the administrative work in support of magistrate's decision. Role combines the roles of associate, tipstaff, court recorder and personal assistant found in higher courts.
Breach:
Contravention of an order or a term of an order or failure to comply with order.
Committal:
The hearing process where a magistrate decides whether there is sufficient evidence to send an accused to trial by judge and jury.
Conviction:
A particular type of court penalty imposed after a charge is proved. A court normally imposes a further penalty by way of fine or imprisonment. A conviction may prevent a person from holding public office or certain occupations. A fine may be imposed with or without conviction in some cases.
Courtlink:
Database support service for the Court. Services the courts computer technology.
Defendant:
Term used to describe a person charged with an offence (when committed for trial described as the accused).
Dispute Settlement Centre of Victoria:
Agency of the Department of Justice which provides a free dispute settlement process (normally mediation) as an alternative to court.
Fee:
A sum of money which is charged and collected by the court registrar in accordance with Government Regulations in relation to civil claims and disputes. Fees must be paid in advance. Fees paid to the registrar can be recovered from the other party to a claim or dispute as part of a court order but are usually not refundable.
Filing:
The term used to describe the act of lodging with or delivering a document to the registrar of the court so that the registrar will place it on the court case file (i.e. filed).
Forms:
The formal description normally applied to documents which are prescribed (required) by the Rules to be used in a civil claim or dispute. These forms are referred to by numbers e.g. the most common form prescribed to make a Complaint is a Form 4A.
Granted:
Order made by a court after hearing an application. The application is successful. The order will be followed by further orders which are the court's directions in respect of the subject matter of the application.
Heading:
Term used to describe the formal words to be used at the beginning of all court documents used in a civil claims and disputes - In the Magistrates' Court of Victoria at (name of place of the court)......... Write or type in the names of the parties and the court case number, where applicable.
Informant:
Term used to describe the person who brings a charge for an offence (normally a police officer).
Magistrates' Court Civil Procedure Rules 1999.:
The Rules which govern the steps and procedure to be followed by the parties to civil claims and disputes and for other purposes. Normally referred to as the Rules.
Magistrates' Court Civil Registry:
The location in a court-house where the administrative work on civil claims and disputes is performed. Documents are filed in the Civil Registry.
'Notice of Defence':
The name of the form which is prescribed to be used when a person wishes to defend or contest a civil claim or dispute (Form 9A).
Proof beyond a reasonable doubt:
Term used to describe the test applied by a court to the evidence in criminal cases before a finding of guilt may be made.
Refused:
Order made by a court after hearing evidence and/or submissions where it is not satisfied that the order sought in the application should be made. 'Application refused' = 'Application for order refused'.
Revoked:
Order made by a court, normally after hearing evidence and/or submissions, on an application to revoke a previous order of the court. The order vacates the previous order. 'Application revoked' is not proper terminology 'order revoked' is correct.
Security (in context of surety/bail):
Money or real property which is provided or promised by a surety for bail before a defendant or accused may be released from custody.
Sine Die:
'without a day' – adjourn indefinitely. Will be re-listed on request.
Struck out:
Order which is normally made by consent of the parties or in the event the informant/plaintiff/applicant fails to prosecute the charge, claim or application. Finalises a proceeding, subject to application to re-instate.
Struck out with right of reinstatement:
Order made as in 'Struck out', normally by consent of the parties - a party may exercise right to reinstate without formal application.
Summary:
Term used to describe a charge for an offence which is not heard by a judge and Jury.
Tram tracks:
Descriptive term for the place where information about the name, address phone and facsimile numbers must be inserted on the first page of a court document in a civil claim or dispute. The information is normally inserted between two parallel horizontal lines.
Withdrawn:
Order made at the request of the informant/plaintiff or applicant to withdraw a charge, claim or application lodged with the court (also 'discontinue').