13 June 2010
Victoria Penalty Interest Rate
19/06/10 16:31
Penalty Interest Rates
About the Penalty Interest Rate
The penalty interest rate is the interest rate applied to certain debts, such as those arising from a judgment or court order. It is also used for calculating interest payable on specific amounts under other specified legislation.
The penalty interest rate is fixed by the Attorney-General under the Penalty Interest Rates Act 1983. The rate is reviewed regularly by the Attorney-General and based on an appropriate institutional rate together with an added penalty element.
The Department of Justice provides basic information about the penalty interest rate and how it is calculated. If you need assistance in relation to how the rate applies to your business or personal affairs, you should seek independent legal advice.
How it differs from other interest rates
The penalty interest rate differs from other interest rates because of the penalty element.
The penalty interest rate is only altered when there is a significant change in institutional rates.
Current Penalty Interest Rates
The current penalty interest rate appears in The Age newspaper every Monday under the Law List. The following, taken from the Government Gazette is the penalty interest rate paid under section 2 of the Penalty Interest Rates Act 1983:
'The penalty interest rate fixed by the Attorney-General under section 2 of the Penalty Interest Rates Act 1983 is 10.5% per annum with effect on and from 1 February 2010.'
Past rates can be found on the Penalty Interest Rate - Archived Rates page.
About the Penalty Interest Rate
The penalty interest rate is the interest rate applied to certain debts, such as those arising from a judgment or court order. It is also used for calculating interest payable on specific amounts under other specified legislation.
The penalty interest rate is fixed by the Attorney-General under the Penalty Interest Rates Act 1983. The rate is reviewed regularly by the Attorney-General and based on an appropriate institutional rate together with an added penalty element.
The Department of Justice provides basic information about the penalty interest rate and how it is calculated. If you need assistance in relation to how the rate applies to your business or personal affairs, you should seek independent legal advice.
How it differs from other interest rates
The penalty interest rate differs from other interest rates because of the penalty element.
The penalty interest rate is only altered when there is a significant change in institutional rates.
Current Penalty Interest Rates
The current penalty interest rate appears in The Age newspaper every Monday under the Law List. The following, taken from the Government Gazette is the penalty interest rate paid under section 2 of the Penalty Interest Rates Act 1983:
'The penalty interest rate fixed by the Attorney-General under section 2 of the Penalty Interest Rates Act 1983 is 10.5% per annum with effect on and from 1 February 2010.'
Past rates can be found on the Penalty Interest Rate - Archived Rates page.
Penalty and fee units
19/06/10 16:31
Penalty and fee units
Penalty and fee units are used in Victoria’s Acts and Regulations to describe the amount of a fine or a fee. The way that penalty and fee units are set and calculated is set out in the Monetary Units Act 2004 (link below).
Penalty units
Penalty units are used to define the amount payable for fines for many offences. For example, the fine for selling a tobacco product to a person aged under 18 is 50 penalty units.
One penalty unit is $116.82 in the 2009–10 financial year (1 July 2009 to 30 June 2010).
The rate for penalty units is indexed annually, so that it is raised in line with inflation. Any change to the value of a penalty unit will happen on 1 July each year.
Fee units
Fee units are used to calculate the cost of a certificate, registration or licence that is set out in an Act or Regulation. For example, the cost of depositing a Will with the supreme court registrar of probates is 1.6 fee units.
The value of one fee unit is currently $11.35. This value may increase at the beginning of a financial year, at the same time as penalty units.
The cost of fees and penalties is calculated by multiplying the number of units by the current value of the fee or unit. The exact cost may be rounded up or down.
Penalty and fee units are used in Victoria’s Acts and Regulations to describe the amount of a fine or a fee. The way that penalty and fee units are set and calculated is set out in the Monetary Units Act 2004 (link below).
Penalty units
Penalty units are used to define the amount payable for fines for many offences. For example, the fine for selling a tobacco product to a person aged under 18 is 50 penalty units.
One penalty unit is $116.82 in the 2009–10 financial year (1 July 2009 to 30 June 2010).
The rate for penalty units is indexed annually, so that it is raised in line with inflation. Any change to the value of a penalty unit will happen on 1 July each year.
Fee units
Fee units are used to calculate the cost of a certificate, registration or licence that is set out in an Act or Regulation. For example, the cost of depositing a Will with the supreme court registrar of probates is 1.6 fee units.
The value of one fee unit is currently $11.35. This value may increase at the beginning of a financial year, at the same time as penalty units.
The cost of fees and penalties is calculated by multiplying the number of units by the current value of the fee or unit. The exact cost may be rounded up or down.
Legal Words
19/06/10 16:29
A
accused – person charged with the crime
adjourn – to put off a court case to a later date
administrator (Guardianship List) – a person appointed by the Guardianship List to make financial and legal decisions on behalf of someone with a disability who is unable to make those decisions for themselves
administrator (of a Will) – person appointed by the court to deal with a deceased estate where there is no Will or where the Will does not name a suitable executor
affected family member – a person who needs protecting from family violence
affected person – a person who needs protecting from stalking
affidavit – a written document containing evidence for the court. An affidavit is signed in front of an authorised person (such as a lawyer or Justice of the Peace) and sworn or affirmed to be true
affirm – a declaration or promise that something is true that is made if you do not want to swear on the Bible, Koran or other religious book
allegation – when someone accuses another person of having done something
appeal – a procedure that allows a party to challenge the decision made by a court
applicant – the person applying for a court order
arrest – when the police hold you in custody because they think you have broken the law
assets – things you own, such as property, land, shares, bank deposits, jewellery, clothes, and so on
attorney – a person appointed to make financial, legal or medical treatment decisions for another person
Australian workplace agreement (AWA) – a written employment contract between you and your employer that sets out the terms and conditions of your employment
award – a document that sets out wage rates and conditions of employment for groups of employees
B
bail – a promise that you will go to court to face charges on a certain day. You may have to agree to conditions like reporting to the police, living at a certain place or having someone act as a surety for you
bail justice – a person who can give or refuse to give you bail while you are in police custody
balance of probabilities – level of proof needed in civil law cases to decide which version of events is more likely to have happened. This is easier to prove than 'beyond reasonable doubt'
barrister – a lawyer who specialises in appearing at court
beneficiary – a person who is given something in a Will
beyond reasonable doubt – level of proof needed in criminal cases for a magistrate or jury to decide whether you are guilty
blood alcohol content (BAC) – the amount of alcohol in your blood
breach – to break a law or court order
C
capacity (legal capacity) – having the ability to understand and think things out
case – your legal issues in the court system
caveat – a notice that certain actions may not happen without first telling the person who gave the notice
certified copy – copy of a document on which an authorised person has signed and written: 'This is a true and complete copy of the original'
charge – an explanation of the law that police say you have broken
charge sheet – a statement by the police that sets of the charges and starts the court process
codicil – legal document used to change a Will
community based order – when a court says you must do certain things instead of other penalties like going to prison or paying a fine
committal – the first part of a court case where a magistrate decides if there is enough evidence for the case to go to trial
confidentiality – a rule that says what you say to someone will not be told to others unless you agree
consent – when you agree to something
consent orders – an agreement between you and the other party which is approved by the court and then made into a court order
contest – a court hearing in which the parties disagree or where an accused person pleads not guilty
contest mention – a court date if you are pleading not guilty where the magistrate finds out from you and the police what the main points of disagreement are and the number of witnesses
contravention – when a court decides a party has broken the rules of a court order
conviction – a criminal record of when the court has found you guilty of breaking the law
costs – money for legal or other costs which a party may be ordered to pay in a court case
court list – a list at court that shows the cases to be dealt with that day
court order – a court document that says you must do something. It is also a document that sets out your penalty if you are found guilty of breaking the law
criminal record – a police record of your history in relation to criminal offences
custody – when you have been arrested and are not free to leave
D
de facto spouse – a person who is living with a person of the opposite sex as if they were a married couple although they are not
deed – a document that is signed and officially sealed
defence – a legal reason for why you are not guilty of the offence the police charged you with
defendant – a person or organisation that has been charged with breaking the law
deponent – a person making an affidavit
disqualification of licence – the court takes your drivers licence away from you. You have to go to court to get it back
divorce order – an order made by a court that ends a marriage
domestic partner – an unmarried person who has registered their relationship with the Relationships Register. Also a person who has a personal and financial commitment to another person and provides domestic support
duty lawyer – a lawyer who helps people who do not have their own lawyer on the day of their court hearing. They can give free legal advice and may be able to represent people in court
E
enduring power of attorney (financial) – a document that allows a person to make financial and legal decisions for you, even after you cannot make decisions for yourself
enduring power of attorney (medical treatment) – a document that allows a person to make decisions about your medical treatment when you are not able to make these decisions yourself
enduring power of guardianship – a document that allows a person to make personal or lifestyle decisions on your behalf when you are not able to make these decisions yourself
enforcement order – a written document made by a court that says you must follow an order
estate – the assets of a person who has died
evidence – information used in court to prove if something is true
ex parte hearing – a court hearing where a party is not present and has not been told that this is happening
exclusion order – a part of an intervention order that stops the family member the order is against from being at your home
executor – person named in a Will to deal with the estate
ex-nuptial – child born to parents who are not married to each other
F
family consultant – a psychologist or social worker who helps the court and the parties in children's cases
family dispute resolution – when a family dispute resolution practitioner helps people to sort out their disagreements with each other following separation
family law registry – a public area at a Family Law Court where people can get information about the court and its processes, and file documents for their court case
family report – a report about a family written by a family consultant. The report helps the court make a decision about the children
family violence – harmful behaviour that is used to control, threaten, force or dominate a family member through fear. It includes sexual, psychological, emotional and financial abuse
family violence intervention order – an order made under Victorian law to protect a family member from family violence
family violence order – an order made under Commonwealth, state or territory law to protect a person, including a child, from violence
family violence safety notice – a notice issued by the police to protect an adult from a family member who is using family violence
federal magistrate – a person who makes sure the court case follows the rules and makes the decisions in the Federal Magistrates Court
file/filing – to give documents to the court. The court stamps the documents and gives you back a copy
final hearing – the last hearing in a case where the court listens to witnesses and any other evidence
final order – the last order that the court makes to finish a court case
forensic medical examination – an examination of your body by a doctor or dentist. This may involve taking body samples like blood, pubic hair, anal, genital or breast swabs, saliva, and mouth or dental impressions
G
general power of attorney – a document that allows a person to make financial or legal decisions for you while you have legal capacity
giving instructions – telling your lawyer what you would like them to do
grant of probate – court order that allows the executor of a Will to deal with and distribute the estate
guarantee – a promise given by a person to pay your debt if you do not pay it
guardian – a person appointed to make lifestyle decisions for someone who is unable to make those decisions themselves
Guardianship List – protects people aged 18 years or over who, as result of a disability, are unable to make reasonable decisions for themselves
guilty – what you say when you admit to breaking the law. Also a decision made by the court
H
hearing – the presentation of a case at court
I
independent children's lawyer – a lawyer appointed by the court to represent the best interests of the child
independent person – an adult who must be with you during police questioning when you are under 18 and your parents or guardian cannot be there
Independent Third Person – a trained person who is with you during police questioning if you are mentally impaired to help you understand each other
indictable offence – a serious offence often heard before a judge and jury
informant – a police officer or government official, such as a public transport officer, who charged you with breaking the law
infringement notice – money you have to pay for minor offences, such as littering, parking or traffic offences (also known as an ‘on the spot’ fine)
infringement warrant – a court document that allows a sheriff to take certain actions
intensive correction order (ICO) – a sentence where you spend time each week at a community corrections centre instead of going to jail. You must do unpaid community work
interim hearing – a hearing that looks at the issues that need to be decided in the short term, such as where the children will live
interim order – an order made by a court until another order or a final order is made
intervention order – a court order to protect you from family violence or stalking
intestate – a person who dies without a valid Will is said to have died intestate
J
judge – a person who controls what happens in higher courts and deals with legal issues
judgment – a decision by a court
judicial officer – a person who the law says can hear and decide cases, such as a judge, federal magistrate or magistrate
jurisdiction – the legal power of a court or the area that a court's legal power covers (such as the state of Victoria)
jury – a group of people who decide if you are guilty or not guilty based on evidence given in court
L
lawyer – a person who can advise you about the law and represent you in court
lien – a right to hold another person’s property until they meet an obligation or pay a debt to do with that property. For example, if someone has repaired your car at your request they can claim a lien over the car until the work is paid for
M
magistrate – a person who decides if you are guilty or not and what punishment you get
mental impairment – a disability, including intellectual disabilities, acquired brain injury, mental illness and dementia
mention date – a court date when the magistrate will ask you or your lawyer about your case. The magistrate will also speak with the other lawyer (or with police, if they are involved). If your case is not sorted out, a date may be set for a hearing
N
no comment – what you say when you do not want to say anything to police
not guilty – what you say when you deny breaking the law. Also a decision made by the court
O
oath – where you swear in the name of your religious beliefs to tell the truth
offence – an offence is something the law says is wrong
P
parenting plan – a written agreement between parties setting out parenting arrangements for children
party – a person or legal entity (for example, a bank) involved in a case
perpetrator – a person who breaks the law
plea – your response in court to the charge. You can plead guilty or not guilty
police brief – a document that contains evidence the police use to prove their case
police case – what the police say about what happened and why they charged you
police prosecutor – a police officer who presents all the 'police cases' in court
police summary – what the police say happened
precedent – a court decision that is used as an example or reason for later decisions
priors – your criminal record
privilege – a legal rule that says confidential information that you have given to or received from your lawyer cannot be used in court
prosecutor – a lawyer who appears in a criminal court case and presents evidence against the person accused of breaking the law
R
registrar – a person who works for the court and who has been given power to do different things
respondent – a party named by an applicant as the other party in a court case
revoke – to cancel something, such as a court order
S
sentence – a penalty or outcome you get when a court finds you guilty
serve – the legal delivery of a document
sheriff – a person who carries out sanctions if you do not do what it says in a court order
solicitor – a lawyer who can advise you about the law and represent you in court
stalking – when someone repeatedly contacts another person or behaves in a way that makes them feel scared, distressed or fear for their safety
statement – a written document of what you say about events
statutory declaration – a document that is signed in front of an authorised person, such as a justice of the peace
subpoena – a document that says you must appear in court or give certain documents to the court at the request of the party
summary offence – a less serious offence usually heard in the Magistrates’ Court or Children's Court
summons – a court document that tells you when you must go to court
supervised access – when a parent spends time with a child while another adult is there to make sure the child is safe
surety – a person who promises money or property if you do not meet your bail conditions
swear – when you swear on a Bible, Koran or other religious book that something is true
T
traffic offence – an offence is when you break the law when driving a motor vehicle or using the road
transcript – a record of the spoken evidence in a court case
triable summarily – when an indictable offence can be dealt with by a magistrate in the Magistrates Court instead of a judge and jury in a higher court
trial – a court case in front of a jury
trustee – a person who manages property held in trust for the benefit of another person
U
undertaking – a promise to the court to do or not to do certain things
W
warrant – a court document that says what the police or sheriff can do, such as arrest you or search your house
Will – a legal document setting out who gets part or all of a person’s estate when they die
witness – a person who gives evidence in writing or in person for a court case
accused – person charged with the crime
adjourn – to put off a court case to a later date
administrator (Guardianship List) – a person appointed by the Guardianship List to make financial and legal decisions on behalf of someone with a disability who is unable to make those decisions for themselves
administrator (of a Will) – person appointed by the court to deal with a deceased estate where there is no Will or where the Will does not name a suitable executor
affected family member – a person who needs protecting from family violence
affected person – a person who needs protecting from stalking
affidavit – a written document containing evidence for the court. An affidavit is signed in front of an authorised person (such as a lawyer or Justice of the Peace) and sworn or affirmed to be true
affirm – a declaration or promise that something is true that is made if you do not want to swear on the Bible, Koran or other religious book
allegation – when someone accuses another person of having done something
appeal – a procedure that allows a party to challenge the decision made by a court
applicant – the person applying for a court order
arrest – when the police hold you in custody because they think you have broken the law
assets – things you own, such as property, land, shares, bank deposits, jewellery, clothes, and so on
attorney – a person appointed to make financial, legal or medical treatment decisions for another person
Australian workplace agreement (AWA) – a written employment contract between you and your employer that sets out the terms and conditions of your employment
award – a document that sets out wage rates and conditions of employment for groups of employees
B
bail – a promise that you will go to court to face charges on a certain day. You may have to agree to conditions like reporting to the police, living at a certain place or having someone act as a surety for you
bail justice – a person who can give or refuse to give you bail while you are in police custody
balance of probabilities – level of proof needed in civil law cases to decide which version of events is more likely to have happened. This is easier to prove than 'beyond reasonable doubt'
barrister – a lawyer who specialises in appearing at court
beneficiary – a person who is given something in a Will
beyond reasonable doubt – level of proof needed in criminal cases for a magistrate or jury to decide whether you are guilty
blood alcohol content (BAC) – the amount of alcohol in your blood
breach – to break a law or court order
C
capacity (legal capacity) – having the ability to understand and think things out
case – your legal issues in the court system
caveat – a notice that certain actions may not happen without first telling the person who gave the notice
certified copy – copy of a document on which an authorised person has signed and written: 'This is a true and complete copy of the original'
charge – an explanation of the law that police say you have broken
charge sheet – a statement by the police that sets of the charges and starts the court process
codicil – legal document used to change a Will
community based order – when a court says you must do certain things instead of other penalties like going to prison or paying a fine
committal – the first part of a court case where a magistrate decides if there is enough evidence for the case to go to trial
confidentiality – a rule that says what you say to someone will not be told to others unless you agree
consent – when you agree to something
consent orders – an agreement between you and the other party which is approved by the court and then made into a court order
contest – a court hearing in which the parties disagree or where an accused person pleads not guilty
contest mention – a court date if you are pleading not guilty where the magistrate finds out from you and the police what the main points of disagreement are and the number of witnesses
contravention – when a court decides a party has broken the rules of a court order
conviction – a criminal record of when the court has found you guilty of breaking the law
costs – money for legal or other costs which a party may be ordered to pay in a court case
court list – a list at court that shows the cases to be dealt with that day
court order – a court document that says you must do something. It is also a document that sets out your penalty if you are found guilty of breaking the law
criminal record – a police record of your history in relation to criminal offences
custody – when you have been arrested and are not free to leave
D
de facto spouse – a person who is living with a person of the opposite sex as if they were a married couple although they are not
deed – a document that is signed and officially sealed
defence – a legal reason for why you are not guilty of the offence the police charged you with
defendant – a person or organisation that has been charged with breaking the law
deponent – a person making an affidavit
disqualification of licence – the court takes your drivers licence away from you. You have to go to court to get it back
divorce order – an order made by a court that ends a marriage
domestic partner – an unmarried person who has registered their relationship with the Relationships Register. Also a person who has a personal and financial commitment to another person and provides domestic support
duty lawyer – a lawyer who helps people who do not have their own lawyer on the day of their court hearing. They can give free legal advice and may be able to represent people in court
E
enduring power of attorney (financial) – a document that allows a person to make financial and legal decisions for you, even after you cannot make decisions for yourself
enduring power of attorney (medical treatment) – a document that allows a person to make decisions about your medical treatment when you are not able to make these decisions yourself
enduring power of guardianship – a document that allows a person to make personal or lifestyle decisions on your behalf when you are not able to make these decisions yourself
enforcement order – a written document made by a court that says you must follow an order
estate – the assets of a person who has died
evidence – information used in court to prove if something is true
ex parte hearing – a court hearing where a party is not present and has not been told that this is happening
exclusion order – a part of an intervention order that stops the family member the order is against from being at your home
executor – person named in a Will to deal with the estate
ex-nuptial – child born to parents who are not married to each other
F
family consultant – a psychologist or social worker who helps the court and the parties in children's cases
family dispute resolution – when a family dispute resolution practitioner helps people to sort out their disagreements with each other following separation
family law registry – a public area at a Family Law Court where people can get information about the court and its processes, and file documents for their court case
family report – a report about a family written by a family consultant. The report helps the court make a decision about the children
family violence – harmful behaviour that is used to control, threaten, force or dominate a family member through fear. It includes sexual, psychological, emotional and financial abuse
family violence intervention order – an order made under Victorian law to protect a family member from family violence
family violence order – an order made under Commonwealth, state or territory law to protect a person, including a child, from violence
family violence safety notice – a notice issued by the police to protect an adult from a family member who is using family violence
federal magistrate – a person who makes sure the court case follows the rules and makes the decisions in the Federal Magistrates Court
file/filing – to give documents to the court. The court stamps the documents and gives you back a copy
final hearing – the last hearing in a case where the court listens to witnesses and any other evidence
final order – the last order that the court makes to finish a court case
forensic medical examination – an examination of your body by a doctor or dentist. This may involve taking body samples like blood, pubic hair, anal, genital or breast swabs, saliva, and mouth or dental impressions
G
general power of attorney – a document that allows a person to make financial or legal decisions for you while you have legal capacity
giving instructions – telling your lawyer what you would like them to do
grant of probate – court order that allows the executor of a Will to deal with and distribute the estate
guarantee – a promise given by a person to pay your debt if you do not pay it
guardian – a person appointed to make lifestyle decisions for someone who is unable to make those decisions themselves
Guardianship List – protects people aged 18 years or over who, as result of a disability, are unable to make reasonable decisions for themselves
guilty – what you say when you admit to breaking the law. Also a decision made by the court
H
hearing – the presentation of a case at court
I
independent children's lawyer – a lawyer appointed by the court to represent the best interests of the child
independent person – an adult who must be with you during police questioning when you are under 18 and your parents or guardian cannot be there
Independent Third Person – a trained person who is with you during police questioning if you are mentally impaired to help you understand each other
indictable offence – a serious offence often heard before a judge and jury
informant – a police officer or government official, such as a public transport officer, who charged you with breaking the law
infringement notice – money you have to pay for minor offences, such as littering, parking or traffic offences (also known as an ‘on the spot’ fine)
infringement warrant – a court document that allows a sheriff to take certain actions
intensive correction order (ICO) – a sentence where you spend time each week at a community corrections centre instead of going to jail. You must do unpaid community work
interim hearing – a hearing that looks at the issues that need to be decided in the short term, such as where the children will live
interim order – an order made by a court until another order or a final order is made
intervention order – a court order to protect you from family violence or stalking
intestate – a person who dies without a valid Will is said to have died intestate
J
judge – a person who controls what happens in higher courts and deals with legal issues
judgment – a decision by a court
judicial officer – a person who the law says can hear and decide cases, such as a judge, federal magistrate or magistrate
jurisdiction – the legal power of a court or the area that a court's legal power covers (such as the state of Victoria)
jury – a group of people who decide if you are guilty or not guilty based on evidence given in court
L
lawyer – a person who can advise you about the law and represent you in court
lien – a right to hold another person’s property until they meet an obligation or pay a debt to do with that property. For example, if someone has repaired your car at your request they can claim a lien over the car until the work is paid for
M
magistrate – a person who decides if you are guilty or not and what punishment you get
mental impairment – a disability, including intellectual disabilities, acquired brain injury, mental illness and dementia
mention date – a court date when the magistrate will ask you or your lawyer about your case. The magistrate will also speak with the other lawyer (or with police, if they are involved). If your case is not sorted out, a date may be set for a hearing
N
no comment – what you say when you do not want to say anything to police
not guilty – what you say when you deny breaking the law. Also a decision made by the court
O
oath – where you swear in the name of your religious beliefs to tell the truth
offence – an offence is something the law says is wrong
P
parenting plan – a written agreement between parties setting out parenting arrangements for children
party – a person or legal entity (for example, a bank) involved in a case
perpetrator – a person who breaks the law
plea – your response in court to the charge. You can plead guilty or not guilty
police brief – a document that contains evidence the police use to prove their case
police case – what the police say about what happened and why they charged you
police prosecutor – a police officer who presents all the 'police cases' in court
police summary – what the police say happened
precedent – a court decision that is used as an example or reason for later decisions
priors – your criminal record
privilege – a legal rule that says confidential information that you have given to or received from your lawyer cannot be used in court
prosecutor – a lawyer who appears in a criminal court case and presents evidence against the person accused of breaking the law
R
registrar – a person who works for the court and who has been given power to do different things
respondent – a party named by an applicant as the other party in a court case
revoke – to cancel something, such as a court order
S
sentence – a penalty or outcome you get when a court finds you guilty
serve – the legal delivery of a document
sheriff – a person who carries out sanctions if you do not do what it says in a court order
solicitor – a lawyer who can advise you about the law and represent you in court
stalking – when someone repeatedly contacts another person or behaves in a way that makes them feel scared, distressed or fear for their safety
statement – a written document of what you say about events
statutory declaration – a document that is signed in front of an authorised person, such as a justice of the peace
subpoena – a document that says you must appear in court or give certain documents to the court at the request of the party
summary offence – a less serious offence usually heard in the Magistrates’ Court or Children's Court
summons – a court document that tells you when you must go to court
supervised access – when a parent spends time with a child while another adult is there to make sure the child is safe
surety – a person who promises money or property if you do not meet your bail conditions
swear – when you swear on a Bible, Koran or other religious book that something is true
T
traffic offence – an offence is when you break the law when driving a motor vehicle or using the road
transcript – a record of the spoken evidence in a court case
triable summarily – when an indictable offence can be dealt with by a magistrate in the Magistrates Court instead of a judge and jury in a higher court
trial – a court case in front of a jury
trustee – a person who manages property held in trust for the benefit of another person
U
undertaking – a promise to the court to do or not to do certain things
W
warrant – a court document that says what the police or sheriff can do, such as arrest you or search your house
Will – a legal document setting out who gets part or all of a person’s estate when they die
witness – a person who gives evidence in writing or in person for a court case
Lawyer Joke
19/06/10 15:55 Filed in: Humour
A man went to a brain store to get some brain for dinner. He sees a sign remarking on the quality of professional brain offered at this particular brain store.
So he asks the butcher:
"How much for Engineer brain?"
"3 dollars an ounce."
"How much for a Builders brain?"
"4 dollars an ounce."
"How much for lawyer brain?"
"100 dollars an ounce."
"Why is lawyer brain so much more?" Read More...
Lawyer Joke
19/06/10 15:53 Filed in: Humour
A housewife, an accountant and a lawyer were asked "How much is 2+2?"
The housewife replies, "Four!"
The accountant says, "I think it's either 3 or 4. Let me run those figures
through my spreadsheet one more time." Read More...
Animal lawyer sees growth of a movement
19/06/10 15:52 Filed in: News
A leading US animal lawyer says Australia is experiencing "phenomenal growth" around the animal law movement, and is starting to show leadership on worldwide animal law initiatives.
Joyce Tischler, who has be practising animal law for 30 years on behalf of the Animal Defence Legal Fund in the US, made the comments after being secured by Animal welfare organisation Voiceless to lead a national annual law lecture series in August.
She told Lawyers Weekly that her experiences in the US decades ago taught her that the legal system can be used to enhance the welfare of animals. And she sees similar opportunities for dedicated animal lawyers in Australia.
"It took a while to realise that we were starting a movement," she said. "One of the most gratifying aspects of our work has been to meet, or learn about, all of the passionate and committed lawyers across other countries.
Voiceless maintains that much progress has been made over the last couple of years since former president of the Australian Law Reform Commission Professor David Weisbrot labelled animal law the next great social justice movement. The annual Voiceless lecture series has increasingly grown in popularity, dedicated animal lawyers have emerged, and the first animal law textbook was published in 2009.
Tischler credits Voiceless, which boasts prominent animal lawyer Katrina Sharman as working in-house, for much of the success of the animal law movement in Australia.
Joyce Tischler, who has be practising animal law for 30 years on behalf of the Animal Defence Legal Fund in the US, made the comments after being secured by Animal welfare organisation Voiceless to lead a national annual law lecture series in August.
She told Lawyers Weekly that her experiences in the US decades ago taught her that the legal system can be used to enhance the welfare of animals. And she sees similar opportunities for dedicated animal lawyers in Australia.
"It took a while to realise that we were starting a movement," she said. "One of the most gratifying aspects of our work has been to meet, or learn about, all of the passionate and committed lawyers across other countries.
Voiceless maintains that much progress has been made over the last couple of years since former president of the Australian Law Reform Commission Professor David Weisbrot labelled animal law the next great social justice movement. The annual Voiceless lecture series has increasingly grown in popularity, dedicated animal lawyers have emerged, and the first animal law textbook was published in 2009.
Tischler credits Voiceless, which boasts prominent animal lawyer Katrina Sharman as working in-house, for much of the success of the animal law movement in Australia.
Law vital for cancer prevention
19/06/10 15:51 Filed in: News
Law has an increasingly important role to play in the prevention of cancer and other non-communicable (transferrable) diseases, say leading academics.
At a recent two-day conference convened by the University of Sydney Law School and L'Union International Contre le Cancer (International Union Against Cancer) academics came together to discuss how the law can improve the health of the general population.
"The overwhelming majority of people die from non-communicable diseases such as heart disease, cancer and diabetes, and a significant proportion of all these diseases are preventable," the University of Sydney's professor Roger Magnusson told Lawyers Weekly.
"If we want to improve the health, the absolute lifespan and the healthy lifespan of Australians, we need to pay attention to these diseases."
According to Magnusson, the conference was a "dry run" for an upcoming plenary session of the World Cancer Congress in which ideas relating to the role of regulation in improving health will be discussed.
"Law and regulation can prevent the preventable components of cancer by addressing risk factors that are common in the population," said Magnusson.
"The preventable risk factors are of course tobacco use, obesity, alcohol misuse, inadequate exercise and ... some environmental exposures."
But Magnusson acknowledges that this concept is really only just beginning to take hold in the international community.
"There wouldn't be a family in Australia that hasn't been touched by cancer, but yet when we talk about law and cancer everyone raises their eyebrows and says, 'What the hell are you talking about?'" he said.
"Prevention is always better than cure, but the vast majority of money in the health system goes towards treating the sick rather than preventing populations from getting sick, and that's a problem."
Magnusson believes that tighter regulation, especially in relation to taxes and advertising, can play a significant role in discouraging risky behaviour that could lead to disease.
"It's not necessary to prohibit behaviour or coerce people in order to improve health and encourage healthier patterns of behaviour in the population," he said.
"No-one is suggesting that you prohibit smoking or people having a beer or choosing whatever food they want to eat. But overall, the population is drinking too much and eating the wrong food and not getting any exercise. Their own self-control is just not doing it at the population level."
Magnusson cites the example of tobacco to demonstrate that regulation can be effective in combating disease-causing behaviour.
"We need a basket of measures [to address these issues], just as we do with tobacco. Just as some of those measures appeared unrealistic 20 years ago, they also appear unrealistic now. But norms change and the tobacco experience shows that regulation works and that regulation is actually needed," he said.
"It may be that we think commercial freedom is more important than rates of disease, and maybe taxpayers are happy to pay more and more for the rising costs of chronic disease, but if we want to reduce those rates we need to consider some new measures."
At a recent two-day conference convened by the University of Sydney Law School and L'Union International Contre le Cancer (International Union Against Cancer) academics came together to discuss how the law can improve the health of the general population.
"The overwhelming majority of people die from non-communicable diseases such as heart disease, cancer and diabetes, and a significant proportion of all these diseases are preventable," the University of Sydney's professor Roger Magnusson told Lawyers Weekly.
"If we want to improve the health, the absolute lifespan and the healthy lifespan of Australians, we need to pay attention to these diseases."
According to Magnusson, the conference was a "dry run" for an upcoming plenary session of the World Cancer Congress in which ideas relating to the role of regulation in improving health will be discussed.
"Law and regulation can prevent the preventable components of cancer by addressing risk factors that are common in the population," said Magnusson.
"The preventable risk factors are of course tobacco use, obesity, alcohol misuse, inadequate exercise and ... some environmental exposures."
But Magnusson acknowledges that this concept is really only just beginning to take hold in the international community.
"There wouldn't be a family in Australia that hasn't been touched by cancer, but yet when we talk about law and cancer everyone raises their eyebrows and says, 'What the hell are you talking about?'" he said.
"Prevention is always better than cure, but the vast majority of money in the health system goes towards treating the sick rather than preventing populations from getting sick, and that's a problem."
Magnusson believes that tighter regulation, especially in relation to taxes and advertising, can play a significant role in discouraging risky behaviour that could lead to disease.
"It's not necessary to prohibit behaviour or coerce people in order to improve health and encourage healthier patterns of behaviour in the population," he said.
"No-one is suggesting that you prohibit smoking or people having a beer or choosing whatever food they want to eat. But overall, the population is drinking too much and eating the wrong food and not getting any exercise. Their own self-control is just not doing it at the population level."
Magnusson cites the example of tobacco to demonstrate that regulation can be effective in combating disease-causing behaviour.
"We need a basket of measures [to address these issues], just as we do with tobacco. Just as some of those measures appeared unrealistic 20 years ago, they also appear unrealistic now. But norms change and the tobacco experience shows that regulation works and that regulation is actually needed," he said.
"It may be that we think commercial freedom is more important than rates of disease, and maybe taxpayers are happy to pay more and more for the rising costs of chronic disease, but if we want to reduce those rates we need to consider some new measures."
Clutz partnership loses first round in defamation action
19/06/10 15:47 Filed in: News
A former Clayton Utz lawyer has been granted leave to file an amended statement of claim in defamation proceedings against the firm.
Bridgette Styles, a graduate solicitor with Clayton Utz between August 2007 and December 2008, filed a statement of claim in September 2009 for defamation arising from two alleged publications. Her claim names 217 defendants, with all but one of those being current or former partners of the firm.
The original claim from Styles alleges that in September 2008, Luis Izzo, a solicitor with the firm, went to Joe Catanzariti, the head of the workplace relations, employment and safety practice group, with allegations that Styles was "conspiring" against a group of lawyers with regard to a sexual harassment complaint.
It is further alleged by Styles that the next day Izzo sent an email to a human resources manager - at the request of Catanzariti - that contained 16 defamatory imputations against her.
Styles claims that as the email sent by Izzo was at the direction of Catanzariti, the partnership as a whole is responsible for any defamatory consequences.
The NSW Supreme Court heard that in her proposed amended statement of claim, Styles claims this email was then circulated to many members of the firm and the "general population" of legal practitioners of Sydney.
In one particular instance, Styles alleges the "sense and substance of the email" was republished through discussions by partners at a public bar "in the vicinity of the offices of the partnership". Styles also said the "sense and substance" of the email was republished by herself in circumstances where she was under a social and moral duty to do so in order to truthfully answer queries as to why she was not at work.
Styles claims Clayton Utz are liable for the republications.
Clayton Utz objected to the proposed amended statement of claim, arguing it was defective in a way that seriously prejudices them.
This argument was rejected by Justice Carolyn Simpson and she granted Styles leave to file an amended statement of claim.
Justice Simpson dismissed the contention by Clayton Utz that the republications were in fact an original publication, and also found the argument by the firm about the definition of "republication" or original publication" in instances where Styles relayed the contents of the email herself was "not a matter to be determined on a pleading argument, but will be determined in the light of evidence in her trial".
Clayton Utz declined to comment when contacted by Lawyers Weekly, and Rebecca Styles was unavailable for comment. Styles is now a solicitor with Johnson Winter & Slattery.
This allegation of personal misconduct that Clayton Utz is dealing with comes following a NSW Administrative Appeals Tribunal which granted leave to a former employee, Michael Mitchell, to pursue claims against former colleagues for disability discrimination, sexual harassment and victimisation.
In April this year, the New South Wales Administrative Decisions Tribunal ruled that Mitchell could not add the names of other current and former lawyers of Clayton Utz to the complaint, including Grant Fuzi, who left the firm to become the managing partner of Allen & Overy's Australian offices in February.
Bridgette Styles, a graduate solicitor with Clayton Utz between August 2007 and December 2008, filed a statement of claim in September 2009 for defamation arising from two alleged publications. Her claim names 217 defendants, with all but one of those being current or former partners of the firm.
The original claim from Styles alleges that in September 2008, Luis Izzo, a solicitor with the firm, went to Joe Catanzariti, the head of the workplace relations, employment and safety practice group, with allegations that Styles was "conspiring" against a group of lawyers with regard to a sexual harassment complaint.
It is further alleged by Styles that the next day Izzo sent an email to a human resources manager - at the request of Catanzariti - that contained 16 defamatory imputations against her.
Styles claims that as the email sent by Izzo was at the direction of Catanzariti, the partnership as a whole is responsible for any defamatory consequences.
The NSW Supreme Court heard that in her proposed amended statement of claim, Styles claims this email was then circulated to many members of the firm and the "general population" of legal practitioners of Sydney.
In one particular instance, Styles alleges the "sense and substance of the email" was republished through discussions by partners at a public bar "in the vicinity of the offices of the partnership". Styles also said the "sense and substance" of the email was republished by herself in circumstances where she was under a social and moral duty to do so in order to truthfully answer queries as to why she was not at work.
Styles claims Clayton Utz are liable for the republications.
Clayton Utz objected to the proposed amended statement of claim, arguing it was defective in a way that seriously prejudices them.
This argument was rejected by Justice Carolyn Simpson and she granted Styles leave to file an amended statement of claim.
Justice Simpson dismissed the contention by Clayton Utz that the republications were in fact an original publication, and also found the argument by the firm about the definition of "republication" or original publication" in instances where Styles relayed the contents of the email herself was "not a matter to be determined on a pleading argument, but will be determined in the light of evidence in her trial".
Clayton Utz declined to comment when contacted by Lawyers Weekly, and Rebecca Styles was unavailable for comment. Styles is now a solicitor with Johnson Winter & Slattery.
This allegation of personal misconduct that Clayton Utz is dealing with comes following a NSW Administrative Appeals Tribunal which granted leave to a former employee, Michael Mitchell, to pursue claims against former colleagues for disability discrimination, sexual harassment and victimisation.
In April this year, the New South Wales Administrative Decisions Tribunal ruled that Mitchell could not add the names of other current and former lawyers of Clayton Utz to the complaint, including Grant Fuzi, who left the firm to become the managing partner of Allen & Overy's Australian offices in February.
