Court Procedure (AU) glossary
Civil court procedure in Australia runs on a combination of state Supreme Court rules, Federal Court Rules 2011, and state civil procedure Acts with common objects of just, quick, and cheap resolution. This glossary focuses on the vocabulary practitioners meet daily — not substantive law.
This is a procedure-focused glossary of 40 terms lawyers use in Australian civil court practice — from the first letter of demand through pleadings, discovery, trial, and appeal. Each definition references the controlling rule or Act.
Definitions
Affidavit
A written statement sworn or affirmed before an authorised person, used as evidence in interlocutory and some final hearings.
Amended pleading
A revised pleading filed with leave or by right within time, replacing the earlier version.
Appeal
A formal challenge to a decision, usually to a higher court, on grounds of error of law or fact.
Appearance
A defendant's formal step acknowledging service and participation in proceedings.
Case management
The active judicial management of a case to achieve the overriding purpose of just, quick, and cheap resolution.
Costs
The legal and related expenses of a proceeding. Generally follow the event, subject to court discretion.
Cross-claim
A claim brought by a defendant against the plaintiff, another defendant, or a third party, in the same proceedings.
Default judgment
Judgment entered where a defendant does not file an appearance or defence within time.
Directions
Procedural orders about how a case will proceed — discovery, service, witness statements, listings.
Discovery
The process of identifying and producing documents relevant to issues in the proceeding.
Dismissal for want of prosecution
The court's power to dismiss a proceeding because of inexcusable delay by the plaintiff.
Evidence
Material placed before the court to prove or disprove facts. Governed by the uniform Evidence Acts in most jurisdictions.
Expert witness
A witness with specialised knowledge who gives opinion evidence. Subject to court expert codes.
Freezing order
An order preserving assets pending judgment, formerly known as a Mareva order.
Hearsay
An out-of-court statement tendered to prove its truth. Generally inadmissible, subject to statutory exceptions.
Indemnity costs
Costs awarded on a higher basis than party-party costs, typically for unreasonable conduct or failed Calderbank offers.
Interlocutory application
An application during the proceeding for an order short of final judgment — injunctions, freezing orders, discovery disputes.
Interlocutory injunction
An injunction pending final determination — requires serious question to be tried and balance of convenience.
Judgment
The court's final decision determining rights between parties, usually following trial or summary process.
Leave
Permission of the court required before taking specified steps (e.g. to amend, appeal, or file out of time).
Mediation
A confidential, non-binding dispute resolution process led by a mediator. Increasingly court-ordered under the overriding purpose.
Motion
An application for an interlocutory order, typically filed as a notice of motion supported by affidavit.
Notice of motion
The form filed to initiate an interlocutory application, usually supported by an affidavit.
Offer of compromise
A formal settlement offer under the rules. Non-acceptance has costs consequences if not beaten.
Originating process
The document that starts a proceeding — usually a statement of claim or summons.
Overriding purpose
The statutory object of civil procedure — just, quick, and cheap resolution of the real issues. Binds parties and the court.
Party
Each person named as plaintiff, defendant, applicant, respondent, cross-claimant, or third party in the proceeding.
Pleadings
The formal exchange of statements of claim, defences, replies, and cross-claims that frame the issues.
Privilege
A protection against production or use of communications, including legal advice privilege and litigation privilege.
Registrar
A court officer who exercises delegated powers, often running directions, taxations, and procedural matters.
Service
The formal delivery of process or documents on another party in accordance with the rules.
Set aside
An order revoking or undoing an earlier order — for example, setting aside a default judgment.
Statement of claim
The originating pleading setting out the plaintiff's cause of action and relief sought.
Stay
A temporary halt of proceedings or enforcement pending a defined event or further order.
Subpoena
A court document requiring a person to attend to give evidence or produce documents.
Summary judgment
Judgment entered without trial on the basis that there is no real prospect of success (plaintiff or defendant).
Taxation of costs
The assessment by a court officer of the amount of costs payable when costs cannot be agreed.
Third party notice
A notice joining a person as a third party to a proceeding, usually seeking contribution or indemnity.
Trial
The hearing at which final issues are determined on evidence. Pleadings and prior rulings define the scope.
Verified list of documents
A list of discoverable documents verified by affidavit, identifying documents by category and claiming any privilege.
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These definitions are general explanations for educational purposes — not legal advice. Court procedure rules differ between Australian jurisdictions and are amended regularly. Always verify against current rules and practice notes.
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