Dictionary of legal terms - D

Search: or Browse:
 

Search results for the term: D.

85 records found.

Damages:
Money paid in compensation for a loss suffered in a civil law matter


Dangerous driving:
Any behaviour that a competent and careful driver would consider dangerous, taking into account the nature and condition of the vehicle, and where the offence took place


Dangerous driving causing death:
Where a person dies as a result of a person driving dangerously


Dangerous drug:
A drug specified in the schedules of the Drug Misuse Act as a dangerous drug


Day licence:
Allows a person convicted of a drink driving or related offence to drive for employment purposes. Also known as provisional, restrictive or work licence


De facto:

  1. A de facto spouse is either 1 of 2 persons, whether of the same or the opposite sex, who are living or have lived together as a couple.
  2. 2 persons are a couple if they live together on a genuine domestic basis in a relationship based on intimacy, trust and personal commitment to each other; and
  3. 2 persons are not a couple only be cause they are co-tenants.


De facto partners:
People living in a de facto relationship


De facto property:
Property owned by people living in a de facto relationship


De facto relationships:

  1. A de facto spouse is either 1 of 2 persons, whether of the same or the opposite sex, who are living or have lived together as a couple.
  2. 2 persons are a couple if they live together on a genuine domestic basis in a relationship based on intimacy, trust and personal commitment to each other; and
  3. 2 persons are not a couple only because they are co-tenants.


Debt:
An amount of money owing


Debtor:
A person who owes money


Declaration of interest:
A declaration by a court that a person has an entitlement to property or to a share in property.


Decree absolute:
'decree absolute' is replaced with the term 'divorce order that has come into effect' (see 'divorce order that has come into effect') A 'divorce order that has comes into effect' is issued by the court one (1) month after the 'divorce order' (see 'divorce order') is made.


Decree nisi:
'decree nisi' is replaced with the term 'divorce order' A 'divorce order' (see divorce order) is made by the court for divorce and does not become final until usually one (1) month after the order was made when the court will then then issue a 'divorce order that has come into effect' (see 'divorce order that has come into effect' )


Decree of nullity:
An order made by the court that a marriage is void


Deed:
A formal written document which is legally binding


Deed of revocation:
A written document which revokes the appointment of a power of attorney


Deed poll:
A written document registered with the Supreme Court used to formally record a change of name


Defamation:
Speaking or publication of words or other matter which is likely to injure a person's reputation


Defamatory:
The adjective used to describe material which defames a person


Default:
Not meeting legal obligations


Default judgment:
Judgment given because the defendant does not defend a court action


Defence:
A legal reason why a claim made against a person should not succeed


Defence of insanity:
A person who lacks mental capacity may have a defence which may result in them not being convicted of a crime


Defendant:
A person against whom legal action is being taken


Demerit points:
A system where points are given to licence holders for traffic offences until the maximum number of allowable points is reached and the licence is cancelled


Department of Child Safety:
The government department responsible for administering law in relation to child protection and state welfare


Department of Environment and Heritage:
The government department responsible for administering law in relation to environment


Department of Industrial Relations:
The government department responsible for administering law in relation to industrial matters


Department of Justice :
The government department responsible for administration of justice eg: courts, criminal prosecutions


Department of Lands:
The government department responsible for administering law in relation to land dealings eg: registration of transfers


Department of Primary Industries:
The government department responsible for administering law in relation to rural industry and primary production


Department of Public Works and Housing:
The government department responsible for administering law in relation to public housing and government building. Also referred to as the Housing Commission


Department of Social Security:
The government department responsible for administering law in relation to commonwealth social security payments


Department of Transport:
The government department responsible for administering law in relation to transport eg car registration, maintaining roads, drivers licences


Department of Veterans Affairs:
The government department responsible for administering law in relation to veterans' welfare and payments


Dependant:
A person who may be recognised as having a legal entitlement to be maintained by another person. A person may be recognised as a dependant for some purposes eg: taxation, but not others eg: testators' family maintenance


Deponent:
A person who makes (deposes to) an affidavit.


Deputy Registrar:
An officer of the Family Court with limited power to deal with family law disputes eg: hold conciliation conferences


Detention:
A term used to describe where a person is held in custody


Detention in custody:
A term used to describe when a child is imprisoned or held in custody


Detinue:
An action where a person claims the specific return of goods or the value of goods wrongfully detained


Devise:
To leave real estate to a person in a will


Directions hearing:
A procedure in the Family Court to set a time table for an action and make any other necessary orders eg: for documents to be produced


Director:
A person who is responsible for the management of a company


Director of Mental Health:
The government officer responsible for the administration of mental health policy


Disability Discrimination Act:
An Act of the Commonwealth Parliament which makes it unlawful to discriminate against people with a disability.


Disability insurance:
Insurance which a person can arrange which pays them an income or a lump sum in the event that they become unable to work due to disability or illness.


Disbursement:
A payment made. Often used in a solicitor's account to describe payments made by the solicitor on the client's behalf.


Discharge:
To be released from an obligation


Discharge without conviction:
To be found guilty of an offence, but have no conviction recorded. A penalty is usually imposed even though the conviction is not recorded.


Disclaimer clause:
A clause in a contract which attempts to limit legal liability in some circumstances.


Discovery:
A procedure by which each person involved in court proceedings gets to view documents held by the other people involved before the matter goes to trial.


Discrimination:
Treating a person differently because of a personal attribute. Discrimination is unlawful if it occurs because of defined attributes (eg: race, sex, age etc) and in some circumstances (eg: employment, education etc)


Dishonoured cheque:
A cheque which is not paid by a bank when it is presented for payment not usually because there is not enough money in the person's account to pay the cheque.


Dispensing with service:
An order by a court that it is not necessary to notify a person about court proceedings in the usual way.


Dispute resolution:
A procedure designed to resolve disputes between people. Usually refers to procedures which are an alternative to going to court.


Dispute Resolution Centre:
Centres established by government to provide mediation of a range of disputes between members of the public.


Disqualification:
An order that a person is not entitled to hold a drivers' licence.


Disqualification of licence:
An order that a person is not entitled to hold a drivers' licence.


Dissolution of marriage:
An order that a marriage is at an end. Divorce


District Court:
The Court which deals with most criminal offences that cannot be dealt with in the Magistrates Court and which hears civil disputes involving amounts of more than $50,000 and less than $250,000. It also deals with most appeals from the Magistrates Court


District Court Sittings:
The name given to a period of weeks in which the District Court hears cases from the list of cases waiting to be heard.


Dividing Fences Act:
An Act of Parliament which sets out a procedure for claiming payment of the construction or repair costs of a fence from neighbours.


Division of matrimonial property:
The division of property belonging to a husband and wife after a breakdown of the marriage.


Divorce:
The legal procedure which ends a marriage.


Divorce order:
'divorce order' replaces the terminology 'decree nisi'
A 'divorce order' is made by the court for divorce and does not become final until usually one (1) month after the order was made when the court will then then issue a 'divorce order that has come into effect'


Divorce order that has come into effect:
'divorce order that has come into effect' replaces the terminology 'decree absolute'
A 'divorce order that has comes into effect' is issued by the court one (1) month after the 'divorce order' is made.


DNA Testing:
Medical testing which can establish paternity of a child and involves testing of both alleged parents and of the child.


DNA Typing:
See "DNA Testing."


Do-it-yourself divorce kit:
Kits published by the Federal Magistrates Court to enable people to apply to the court for a divorce without having to use a lawyer.


Domestic violence:
The term used to describe violence which occurs within a family including physical, verbal, emotional, psychological, sexual, financial or social abuse


Domestic Violence Application:
An application made to the court by or on behalf of an aggrieved spouse for an order to prevent domestic violence.


Domestic Violence Protection Order:
An order made by the court which imposes conditions on a person designed to prevent domestic violence eg: that a person not contact their spouse.


Domicile:
The place where a person normally lives and regards as home.


Donor:
A person who gives something (eg: a power of attorney) to someone else.


Door to door contracts:
A contract by which a person sells goods to a consumer following an uninvited visit to their residence, work or public place.


Door to door sales:
Where a person sells goods to a consumer following an uninvited visit to their residence, work or public place.


Double jeopardy:
The situation where a person would be prosecuted a second time for an offence where the prosecution had already occurred and been finalised. It is not permissible for a person to be placed in double jeopardy.


Drink driving:
Driving or being in charge of a motor vehicle when affected by alcohol or drugs.


Drug court:
Pilot program in the Southport, Beenleigh and Ipswich Magistrates courts. An adult who is drug dependent and facing jail because they have committed an offence may be dealt with by the drug court.


Drug offence:
An offence against the Drugs Misuse Act.


Duty lawyer:
A lawyer appointed by the Legal Aid Office to assist people charged with criminal offences in the Magistrates Court or the Children's Court who do not have other legal representation.


Duty of care:
An obligation to take reasonable care to avoid causing foreseeable harm to another person or their property.


Duty of disclosure:
An obligation to tell an insurer anything which is relevant to an insurer's decision about whether or not to accepts the risk and insure an item.