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, being assets minus liabilities, plus superannuation – that is taken into account in a property settlement under the Family Law Act 1975 (Cth).
Binding Financial Agreement or Financial Agreement: A private legal agreement that records how a couple’s property, finances, superannuation and maintenance will be dealt with if they separate, or after they have already separated. Unlike consent orders, a Financial Agreement is not approved by the Court before it takes effect. For it to be binding, each person must receive independent legal advice and the agreement must meet the requirements of the Family Law Act 1975.
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.
Child support Agreement: A written agreement between parents about child support. It may be a limited child support agreement or a binding child support agreement, depending on how it is prepared and whether legal advice has been received.
Conciliation conference: A Court event in a property or financial case where the parties try to reach agreement, often with assistance from a Judicial Registrar or Court officer.
Consent orders: Court orders made by agreement. If both parties agree about parenting, property or financial matters, they can ask the Court to make orders by consent so the agreement becomes legally binding.
Contravention: A breach of Court orders. In family law, a person may file a contravention application if they say the other party has not followed parenting or financial orders.
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 Dispute Resolution: A mediation-style process used to help separated parents resolve parenting issues. In most parenting matters, parties are expected to attempt Family Dispute Resolution before applying to Court, unless an exception applies.
Financial resources: Financial interests that may not be property in the strict sense but may still be relevant in a property settlement. Examples can include trust interests, expected inheritances, long service leave, or interests connected to a business structure.
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.
Family report: A report prepared by a family consultant or expert to assist the Court in parenting proceedings. It usually involves interviews with the parents and sometimes the children.
Final orders: Orders that determine the issues in dispute on a final basis. They may be made after a hearing or by consent.
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.
Interim orders: Temporary orders made while a case is still ongoing. They stay in place until further order or until final orders are made.
Independent Children’s Lawyer: A lawyer appointed to represent the child’s best interests in some parenting cases. The Independent Children’s Lawyer does not act as the child’s personal lawyer in the same way a solicitor acts for an adult client.
Initiating Application: The document used to start proceedings in the Federal Circuit and Family Court of Australia.
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.
Mediation: A structured negotiation process where an independent mediator helps parties try to reach agreement.
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.