| Term | Definition |
| Address for service |
The address given by a party where documents can be served on them by hand, post or some other form of electronic communication. |
| Adjourn |
Defer or postpone a court event to another day. |
| Affidavit |
A written statement by a party or witness. It is the main way of presenting the facts of a case to the court. An affidavit must be signed before an authorised person (such as a lawyer or Justice of the Peace) by way of swearing on the Bible or attesting to the truth of the contents of the statement. |
| Appeal |
A procedure which allows a party to challenge the decision made by a court. |
| Applicant |
The person who applies to a court for orders. |
| Case |
When a person makes an application to a court for orders, that becomes the case before the court. |
| Consent order |
An agreement between the parties that is approved by the court and then becomes a court order. |
| Contravention |
When a court finds a party has not complied with (followed) a court order, that party is in contravention of (or has breached) the order. |
| Court hearing |
The date and time when a case is scheduled to come before the court. |
| Court order |
The actions the parties or a party must do to carry out a decision made by a court. An order may be either interim or final. |
| Divorce order |
An order made by a court that ends a marriage. |
| Enforcement order |
An order made by a court to make a party or person comply with (follow) an order. |
| Family consultant |
A psychologist and/or social worker who specialises in child and family issues that may occur after separation and divorce. |
| Family dispute resolution |
A process whereby a family dispute resolution practitioner assists people to resolve some or all of their disputes with each other following separation and/or divorce. |
| Family Law Courts |
Comprise the Family court of Australia and the Federal Magistrates court of Australia. |
| Family Law Act 1975 |
The law in Australia which covers family law matters. |
| Family law registry |
A public area at a Family Law court where people can obtain information about the court and its processes and where parties file documents in relation to their case. |
| Family report |
A written assessment of a family by a family consultant. A report is prepared to assist a court to make a decision in a case about children. |
| Family violence |
Conduct (whether actual or threatened) by a person towards a family member, or property of a family member, that causes reasonable fear (or reasonable apprehension) for his/her personal wellbeing or safety. |
| Family violence order |
An order made under Commonwealth, state or territory legislation to protect a person, including a child, from violence. |
| Filing |
The procedure of lodging a document at a family law registry for placing on the court file. |
| Final order |
An order made by a court to bring a case to a close. |
| Form |
A particular document that must be completed and filed at court. Different forms are used for different family law matters. |
| Independent children's lawyer |
A lawyer appointed by the court to represent a child's interests in a case. |
| Interim order |
An order made by a court until another order or a final order is made. |
| Judgment |
A decision by a court after all the evidence is heard. |
| Judicial officer |
A person who has been appointed to hear and decide cases; for instance, a judge or federal magistrate. |
| Jurisdiction |
The authority given to a court and its judicial officers to apply the law. For example, the courts have jurisdiction under the Family Law Act 1975 in family law matters |
| Parental responsibility |
The responsibility of each parent to make decisions about the care, welfare and development of their children. These responsibilities may be varied by agreement or by a court order. |
| Parenting plan |
A written agreement between the parties setting out parenting arrangements for children. It is not approved by or filed with a court. |
| Party or parties |
A person or legal entity, such as a corporation, involved in a court case; for example, the applicant or respondent. |
| Procedural order |
An order made by a court of a practical nature. For example, the court may order the parties to attend family dispute resolution. |
| Registrar |
A court lawyer who has been delegated power to perform certain tasks; for example, grant divorces, sign consent orders and decide the next step in a case. |
| Respondent |
A person named as a party to a case. A respondent may or may not respond to the orders sought by the applicant |
| Subpoena |
A document issued by a court, at the request of a party, requiring a person to produce documents and/or give evidence to the court. |
| Transcript |
A record of the spoken evidence in a court case. All court hearings are recorded, except uncontested divorce hearings. The court does not order transcripts in all instances and does not provide transcripts to parties. If a party orders a transcript, they will be responsible for the costs. |
