Reference
Glossary of legal terms
Plain-English definitions of the legal terms you will see in correspondence, court documents, and orders. Drafted for people without a legal background.
- Affidavit
- A written statement of evidence sworn or affirmed to be true. Used in court proceedings in place of, or in addition to, oral testimony.
- Asset pool
- The net value of everything two separating parties own — assets minus liabilities — that is taken into account in a property settlement under the Family Law Act 1975 (Cth).
- Binding Financial Agreement
- A private contract under section 90C of the Family Law Act 1975 (Cth) that records a property and/or maintenance settlement between separating parties. Binding only if both parties received independent legal advice.
- Caveat
- A notice lodged on a property title that prevents the registered owner from dealing with the property without notice to the person who lodged the caveat.
- Consent orders
- Court orders made by the Federal Circuit and Family Court of Australia at the request of both parties, recording an agreement reached without a contested hearing.
- De facto relationship
- A relationship between two people, not married to each other or related by family, who live together on a genuine domestic basis. Recognised under the Family Law Act 1975 (Cth) for the purposes of property settlement and maintenance.
- Disclosure
- The obligation on each party in family law proceedings to provide full and frank financial information to the other party. Non-compliance can result in adverse inferences or costs orders.
- Eligible person
- In the context of the Succession Act 2006 (NSW), a person who falls within section 57 and is therefore entitled to apply for a Family Provision order from a deceased estate.
- Executor
- The person named in a will to administer the estate of the deceased. The executor’s authority is confirmed by a grant of probate.
- Family Provision claim
- An application under Chapter 3 of the Succession Act 2006 (NSW) for further or different provision out of a deceased estate. Must be made within twelve months of the date of death.
- Granny flat interest
- A Centrelink/Services Australia concept describing an arrangement where a person transfers assets to another in exchange for a right to accommodation for life. Affects pension assessment.
- Just and equitable
- The standard the Federal Circuit and Family Court of Australia applies at the fourth step of the property settlement process — whether the outcome is, overall, fair in all the circumstances.
- Letters of administration
- A grant by the NSW Supreme Court authorising a person to administer the estate of someone who died without a valid will.
- Notional estate
- Property that did not form part of the deceased’s estate at death but can be designated as part of it for the purposes of a Family Provision claim, under sections 75 to 80 of the Succession Act 2006 (NSW).
- Probate
- A grant by the NSW Supreme Court confirming the validity of a will and the authority of the executor named in it.
- Section 66G application
- An application to the NSW Supreme Court under section 66G of the Conveyancing Act 1919 (NSW) for the appointment of trustees for sale of property held by two or more co-owners.
- Superannuation splitting order
- An order made under Part VIIIB of the Family Law Act 1975 (Cth) directing the trustee of a superannuation fund to split a member’s interest as part of a property settlement.
- Testamentary trust
- A trust created by a will, which comes into effect on the death of the testator. Often used to manage inheritance for minor, vulnerable, or financially exposed beneficiaries.
- Writ
- A formal court document compelling the recipient to do — or refrain from doing — a specific act. In NSW Supreme Court estate proceedings, a writ may compel a defendant to enter an appearance.
This glossary is a starting point. For advice on a specific matter, make an enquiry.