A R Walmsley Solicitors Sydney


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abstract of title
a document setting out details of all deeds, and other relevant documents, facts, and events showing a chain of title reaching back to a good root of title to old system land
accused person
a person formally accused of criminal conduct in respect of which a penalty may be given, or a person formally charged following arrest
obtaining ownership or possession of a thing
court finding that an accused in not guilty of a charge
any proceeding in a court
providing grounds for an action at law
in relation to evidence, the quality of being capable of being received by a court or tribunal
admission of facts
a voluntary statement made as to the existence of the truth of certain facts
affidavit a written statement, made by a person who has sworn or affirmed before a person who is authorised to administer the oath that the contents of the statement are true
in contract law the stage at which the negotiations at which the negotiations between the parties are complete
the person or persons making an application to the court
apprehended violence order (AVO)
an order obtained from a local court that protects a person who has reasonable fears of violence or molestation or harassment from a specified person
the system of determining disputes by a private tribunal constituted for that purpose
a person against whose estate a sequestration order has been made or who has become bankrupt by presenting s debtor's petition to the registrar in Bankruptcy
bankruptcy notice
a notice served on a debtor requiring the payment of a judgment debt default whichentitles the person serving the Notice to proceed with a Bankrupty Petition
a person who, by being in a particular kind of legal relationship, receives or is entitled to receive a benefit, profit, or advantage
to give or dispose of personal property by will
bill of costs
a detailed account of legal services rendered showing the specific items of work done and the specific charges allocated to each of those
body corporate
a controlling body (or owners corporation) constituted under strata titles legislation
an instrument which binds a person to another to pay a specific sum of money on demand
breach of contract
the failure of a party to a contract to perform a contractural obligation
breath test
a preliminary test by means of an approved device carried out by a police officer on a person who has been driving or is in charge of a motor vehicle to determine whether the blood alcohol content is above a prescribed limit
a set of documents given to a barrister retained to appear, advise, or draft documents in a matter
building approval
approval to carry out building work under building regulations by a local government authority
the power, ability, or competence of a person or body
care proceedings
court proceedings held for the purpose of safe-guarding children who are in need of care
in real property, a notice recorded on the folio of the register for a parcel of Torrens title land to protect an interest that effects that title but is either not registered or is not registrable
caveator a person who has lodged a caveat on land
certificate of title
an instrument evidencing the estate in fee simple or other estate or interest in any land, executed by the Registrar of Titles in the prescribed form
charge over land
an encumbrance on real property to secure payment
the assertion of a right to property or to a remedy, or cause of action
any person who, either as principal or on behalf of another person, consults or retains a solicitor and who is liable to pay a solicitor's costs
conduct money
a sum of money paid in advance to meet reasonable expenses when a party in court proceedings subpoenas a third party to attend court to give evidence
a meeting between client, counsel and/or solicitors
consent order
a court order made with the consent of the parties to the proceedings
contact order
an order which provides for contact between a child and another person or persons in Family law
a legally binding promise or agreement
contract for sale of land
a contract between a vendor and purchaser to buy and sell specified real estate

the complete orders made by the court after finding an accused person guilty of an offence including both the finding of guilt and the sentence passed as a consequence

cooling off period
a period of days which commences immediately after entry into certain contracts during which the pruchaser or other person assuming a financial responsibility may rescind the contract usually subject to a monetary payment to the other party
the professional fees and disbursements incurred in relation to legal work
costs agreement
an agreement between a solicitor and client for work
a person who appears as an advocate before a court
court order
a direction or command of the court which, if not complied with is enforceable by the person for whose benefit is was made
loss or injury suffered by a plaintiff as the foreseeable consequences of a defendant's negligent act or omission/compensation for damages suffered
dangerous driving
in criminal law, the driving of a vehicle by a person under the influence of intoxicating liquor or a drug, or at a speed dangerous to others, or in a manner dangerous to others
de facto marriage
a relationship between a man and a woman who are living together (or have lived together) as husband and wife on a bona fide domestic basis although not married to each other
death benefit
payment to dependants of a deceased person in compensation for the loss incurred as a result of the death of that person
an obligation to pay, or a sum of money owed/someone who owes money to a creditor
debt servicing
payment of interest and principal on a debt
debtor's petition
the procedure by which a debtor asks to be made bankrupt by the court
decree absolute
in Family Law, a final order in relation to the dissolution of a marriage
an intrument that has been signed, sealed and delivered that passes an interest, right, or property, creates an obligation binding on someone, or is an affirmation of something that passes an interest, a right, or a property
default judgment
a discretionary judgment or verdict given in favour of a plaintiff by virtue of the defendant's failure to comply with the procedural requirements of the court after having been served with an originating process
the evidence offered by the accused to defeat a criminal charge
defence to Statement of Claim
the response offered by the responding party in an action or suit as the reason why the plaintiff should not recover or establish what is sought
the assertion of a legal right, requiring the receiver to do something, refrain from doing something or give something
the person who gives sworn evidence in an affidavit
development application
a formal application by a developer to the local consent authority or planning body for a permit or consent to construct and operate a facility or plant, to undertake land subdivision, housing construction or other works, or carry out a use of property
to be relieved of an obligation or liability, generally a mortgage
a repudiation of liability, interest, or benefit
making information available
dismissal of proceedings
an order for the termination of the plantiff's action in favour of the defendant
dispute resolution
a means of settling a conflict between parties without going to court
a right enjoyed by a person with regard to the land of another person, the exercise of which interferes with the normal rights of the owner or occupier of that land
a natural person or Company, association or body
the assets of a deceased person
any statment, record, testimony, or other things, apart from legal submissions, which tend to prove the existence of a fact
exchange of contracts
a conveyancing practice in which the vendor and purchaser physically exchange counterpart identical contracts for the sale of land, each receiving a copy executed by the other party, thus entering into a contract
executed document
a document upon which the required acts of execution such as signing and sealing have been performed
the person appointed by a person making a
will to manage, administer and distribute that person's estate
existing use rights
rights under planning legislation to continue previously lawful activites on land which would no longer be permitted following introduction of changes to environmmental planning instruments
facts in issue
in relation to any disoute or hearing, those facts on which the parties do not agree
Family Provision application an application made by an eligible person for provision of the estate of a deceased person for the eligible person's maintenance, education, or advancement in life
Family report
in family court proceedings concerning children, a report prepared by a court counsellor or a welfare officer, at the direction of the court, that addresses all relevant issues about the children who are the subject of a dispute
filing of documents the lodgment of documents with a court and having them accepted by the court
a conclusion reached by a court following an enquiry of fact
folio identifier
a computerised Certificate of Title
a mortgagee's right to take absolute title and possession of mortgaged land in satisfaction of the mortgage debt, extinguishing the mortgagor's equity of redemption
a business arrangement which allows an individual, partnership or compnay to operate under the name of an already established business useually under stringent guidelines
full disclosure
the presentation and disclosure of all significant and material information in financial statements
good behaviour bond
an undertaking given by the offender to a court to be of good behaviour for a certain period
good repair
a term used in relation to leased premises which requires the lessee to keep the premises, including the fixtures, in good repair usually subject to their condition at the beginning of the lease, but allowing for reasonable wear and tear
the benefit and advantage of the good name, reputation attached to a business
adverse repercussions (usually financial)
harsh, unjust or unreasonable
a term used to describe the dismissal of an employee without valid reason/s, not connected with the employee's capacity, or conduct
a proceeding conducted by a court or tribunal with a view to resolving issues of fact or law
not allowed into evidence; evidence not relevant to a fact in issue in proceedings
physically, mentally or legally unable
security or protection against financial loss through breach of a legal obligation
information presented or filed, as provided by law, for the prosecution of a serious offence
to retain or brief a legal practitioner to provide a legal service
a formal legal document
rights, advantages, duties, title and liabilities with respect to a specific thing; the charge for borrowing
interim billing
the practice of charging costs propr to the completion of the work the legal practitioner is retained to perform
interim residence
an order made concerning the care and control of a child pending the final hearing of the competing custody claims in the Family Court
a person who dies without having made a valid will
irretrievable breakdown of marriage
where the marital relationship between the paries has come to an end. Parties must live 'separately and apart' for 12 months, and there must be no reasonable likelihood that they will resume cohabiting
in succession, refers to a person's children, grandchildren or other lineal descendants
joint application
in family law, an application usually for the dissolution of a marriage, filed by both parties, where the parties seeking an order are in agreement as to all facts and issues
joint tenant
a person owning land with another person, or other persons where that person'sinterest pass by law to the survivor/s on the death of that person
joint venture
an association of persons for particular trading, commercial or other financial undertakings or endeavour with a view to mutual profit
the determination of a court in legal proceedings
judgment debtor
a person who has a judgment against them that orders them to pay a sum of money to the judgment creditor
the scope of the court's power to examine and determine the facts, interpret and apply the law, make orders and give judgment in a particular matter
just and equitable
in corporations law, a ground upon which the court may be petitioned to compulsorily wind up a company; otherwise fair and equitable
land improvements
all works actually effected to particular land
land tax
a tax levied on the unimproved value of taxable land
Land Titles Office
the body responsible for keeping a register of interests in real estate
in general, an owner of land (including a leasehold estate) who lets premises to another person under a tenancy arrangement; the Lessor
an interest in land given by a landower (landlord or lessor) to another person (lessee or tenant) for a fixed duration so that the lessee has exclusive possession of the premises
Letters of administration
an order of the court granted when a person dies without having left a legal will that confers on the administrator the powers and duties necessary to fully administer and distribute the deceased estate
licence less than a lease; a similar right but with no exclusivity of possession
limited title a title created by the Registrar General when converting old system land to Torrens title
a lender's interest in land, secured over the land of the borrower; a charge on property to secure the repayment of money
mortgagee the lender in a mortgage
mortgagor the borrower in a mortgage
an application made to a court to obtain a ruling or order directing some act to be done
mutual wills
corresponding wills with interdependent testamentary directions and reciprocal benefits often made by two or more persons who have agreed that the wills are not to be revoked by either without notice to the other and the testamentary instrument so executed is evidence of their agreement
negligent driving
driving without the standard of care and attention reasonably expected bythe ordinary prudent driver
notice to complete
in contracts for the sale of land, the notice given (served) by a promisee when a promisor breaches a non-essential time stipulation. The effect of the notice is that time becomes of the essence, and failure to comply with the notice confers a right to teminate the contract with other legal consequences
the advice or opinion of a lawyer expressed in conference or in writing
order a decision or direction issued by a court or tribunal capable of being enforced
parenting order
an order made by the Family Court which deals with mattes such as with whom a child is to live, the maintenance of the child and any other aspect of parental responsibility
particulars of title
the formal description of the subject title of land and the vendor's interest in it contained in a contract for the sale of land including tenancies, easements and encumbrances which the transferee will be required to accept or observe
partnership agreement
a mutual agreement between two or more parties that they will carry on business jointly on the terms stated in the agreement
party a person or entity who enters into an agreement with another person or entity
petition a formal application for a court order
a person who seeks relief against any other person by any form of proceedings in a court
planning scheme
a systematic plan for the future development of a local government area devised so that the development of an area of land may be subject to direction or restraint; now a local Environmental Plan
written or printed statements which are filed in court by the parties to a dispute and define the issues to be decided in an action
power of attorney
a formal instrument authorising a person to act for another, to sign legally binding documents on behalf of the give of that authority
prejudice to harm or injure another's rights
an order made by the Probate Division of the Supreme Court that the will of the deceased has been proved as valid and that authority to administer the deceased's estate has been granted to the executor
proceeding an action commenced in a court
process server
a person who effects service of a court document or legal process of behalf of another person
the owner of something
public authority
a person executing a function in the public interest and for the public benefit
a person who acquires an interest in property for valuable consideration by conveyance
qualified title
the intermediate form of old system title where the qualification will lift in the passage of time resulting in full Torrens title
quiet enjoyment
undisturbed occupation and possession of land
real property land
rebut dispute, counter, refute or take away the effect of
the state resulting when a companay has a receiver appointedto collect or protect property for the benefit of the creditors of that company
register of titles
in real property, a register that records information as to lots of land or strata lots, the registered proprietors of such lots, and any interests or other dealings in the property which can be registered
rescind to cancel, revoke or repeal
to put an end to a contract
resolution a formal expression of the collective will
respondent a party to court proceedings against whom relief is claimed by an applicant or appellant
restraining order a court order preventing a party from doing something
restrictive covenant
a covenant affecting land restricting the uses to which the land may be put
the procedure by which the Crown compulsorily re-acquires land that was previously alienated, generally for public purposes pursuant to a statutory power
right of way a right to pass over private land
sale of land a disposition of land, or an interest in land for consideration
an impression or mark attached to a formal document as an authorisation to agreement by a body corporate
the process of identifying the title to land and ascertaining if there are any identifiable problems in regard to that title
separation agreement
a formal written document made by parties to a relationship which acknowledges the end of their relationship and stipulates how financial and non-financial matters are to be dealt with between them
settle to resolve a dispute or proceedings
settlement a disposition of property
settlement sheet
a financial record of the details of the completion of a contract for the sale of land, which sets out all amounts owing by one party to the other party, and includes all adjustments to be made for services to the land such as water and council rates
special conditions
in real property transactions, the specific or special matters agreed between the parties which vary the provisions of the standard form of contract for sale of land, or covering additional matters not covered in the contract of sale
stamp duty
a tax imposed on documents or transactions that affect or record the transfer of the ownership of assets or the creation of rights in respect of assets
statement an oral or written declaration, allegation, or assertion of matters of fact
statement of claim
a method of commencing proceedings which consists of a written statement by the plaintiff to an action showing the basis of the claim against the defendant
statutory declaration
a declaration made in writing for the purpose of allowing a person to say something on oath; like an affidavit but not filed in a court or used in proceedings
strata title a type of land title providing Torrens title to parts of buildings and/or land
supboena a documentt by which the court compels a person to attend court to give evidence or to produce documents within that person's possession
a person who makes himself/herself liable to monetary penalties for another's default
sworn evidence
verbal information provided to a court upon an oath or affirmation
sworn statement
a written statement by the deponent sworn or affirmed before any justice of the peace, notary public, lawyer, or commissioner for taking affidavits for use in a court
tenants in common
a type of co-ownership where two or more persons own distinct interests in the same piece of property possessing the property in common and without exclusive possession of any part of it but where the title passes by will or law on death
testamentary capacity
the mental capacity required to make a valid will
a person who makes a will
a witness' act of giving evidence on oath
time of the essence a phrase which, when used in relation to time in a contract, refers to a condition, the breach of which allows the innocent party to treat the contract as at an end
Torrens title
a system of land title where a register of land holdings maintained by the State guarantees title to the land on the register
the passing of property as a reesult of the death, will, intestacy, or bankrupcty of a proprietor
trust a fiduciary relationship where a person holds tsomething for the benefit of another or others
undischarged bankrupt
a bankrupt who has yet to be discharged
unliquidated damages
damages for a loss whose existence is certain, but whose worth in money cannot be stated exactly, only estimated until they are determined
unregistered interest
an interest in land that is not registered either under the deeds registration system or under the Torrens system. In the Torrens system, in some cases a caveat may be lodged on the titile in respect of an unregistered interest so as to give notice of it to others and perhaps to preserve its priority against a bona fide purchaser for value or other claims
urgent application
a request to a for the court to make immediate orders beause of pressing factors
in real property the nature of the activity carried out on land
vacant possession
where a property is free from occupation by the vendor or a third party such as a tenant
a seller; most a commonly used in relation to selling land
Voluntary winding up
a winding up of a company which is initiated by members rather than by creditors
a legal document providing for disposition of property by a living person to take effect on death by which a person an executor is appointed to administer the estate after death, to discharge liabilities and to distribute as directed to beneficiaries as specified
without prejudice
a statement made without an intention to affect the legal rights of any person
a written order issued by the court commanding the person to whom it is directed to do or refrain from doing a specified act
a way of controlling land development by designating areas for specific land purposes. A feature of local environment plans, zoning divides an area into parts specifies permitted uses for each part. It controls future development of property
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