Litigants in person (GPN-LIP)
Attachment A – Definitions
Some words may be used in Court that you have not heard before. This is a list of some of the words you may not understand at first, and what they mean. The words were highlighted in bold type, like this, in the practice note:
| Abuse of process | starting a case with no chance of success or to harass or annoy another party. A case that is an abuse of process will not be allowed to go on. |
Adjournment | when a hearing is delayed until a later date. An adjournment may be requested but will not automatically be granted. |
Affidavit or witness statement | a written statement of facts that you promise is true by making an oath (if you are religious) or affirmation (if you are not religious). You must sign the written statement in front of a person that is authorised to witness your signature. |
Applicant or Plaintiff | the party that applies to the Court to start the case. |
Appeal | an application by a party to the Court to reconsider a judgment that was previously decided. |
Appellant | the party that starts an appeal in the Court. |
Bias | to prefer one party over another. |
Case management hearing | a hearing before a Judge or Registrar to deal with the next steps or other procedural issues in your case. |
Chambers | the office of a Judge, which is managed by staff who are called Associates or Executive Assistants. |
Claim | an application by an applicant or plaintiff for the Court to make orders against one or more parties in relation to a legal dispute. |
Conferences | a meeting between the parties outside of the court to try and work out their dispute, or part of their dispute. A Judge may also ask a Registrar to hold a meeting with only one of the parties to explain a part of how the Court works to that party. This is called an explanatory conference. |
Costs | the money spent on legal costs by a party in a case. These costs are mostly the money that a party has paid for lawyers (solicitors and barristers) as well as other legal costs like court fees. |
Defence | the respondent’s or defendant’s reasons why the Court should not make the orders requested by the applicant or plaintiff in their claim, or the appellant in their appeal. |
Document | written text, either on a piece of paper or on the computer. Some documents must look a certain way. The registry staff can help you find the right Court form. |
Evidence | something that proves what you said in your court documents is true. Examples are statements of witnesses or the contents of documents. |
File or filing documents | handing in documents to the Court that are then accepted by the Court. |
Final hearing | a hearing before a Judge or Registrar where the Judge or Registrar decides whether to make the orders asked for. All parties make arguments and show evidence which supports those arguments at a final hearing. |
Generative Artificial Intelligence program (also called AI program) | a type of computer-based technology which uses large amounts of existing information to create new documents, text, images or other content with little or no human involvement. |
Hearing | a formal event before a Judge or Registrar where parties present information to the Judge or Registrar to consider. Usually a hearing is in a court room, but some hearings may be online. |
Interlocutory application | an application made by any party during the case and before the final hearing is held. These applications might ask the Court to make an order about the right way for the case to be heard or orders that would end the case early. |
Interpreter | a person who can speak both your language and English. This person will translate your words into English and the English used in the court or elsewhere into your language. |
Jurisdiction | the types of cases and areas of law that the Court may consider. Courts can only make orders about things that fall within their authority or power. |
Law | legislation, such as Acts made by Parliament, and things decided in previous cases by Judges, including Court orders and judgments. |
Legal advice | explanations of the law and how it applies to facts of your case. |
Legal case (or case) | a legal dispute heard by the Court, which is started by a claim or an appeal by an applicant, plaintiff or appellant. |
Legal documents | documents that the Court requires a party to file with the Court. These documents must usually be prepared using a Court form, which can be found on the Court’s website. |
Legal issues | how the law is interpreted and applied that the Court will need to decide. |
Legal research database | a website that includes copies of previous cases and legislation, such as the Australasian Legal Information Institute or Jade. A list of some legal research databases is available at Attachment D. |
Litigant in person | a party who does not have a lawyer to represent them. |
Mediation | a process where an independent person, called a mediator, helps the parties to reach an agreement to end their dispute. |
Order | an instruction or decision of the Court. There are serious consequences for not following an order of the Court. |
Party or parties | a person involved in a case, including applicants (plaintiffs), respondents (defendants), and appellants. Parties may be individuals, organisations or corporations. |
Practice note | a document published by the Court that sets out court procedure. |
Pseudolaw | statements, arguments, beliefs or practices that sound like law but are not based on real law. |
Reasonable adjustments | changes to court processes or environments that can be reasonably made if you need help with access to the Court, such as because of a disability. |
Registrar | a person who may help Judges by handling particular parts of your case, including by deciding certain parts of the case and making orders. |
Registry | a place in each State and Territory where documents may be handed in with the Court. The registry is operated by Registry staff. A list of registry locations and contact details are available on the Court’s website. |
Represent | when a lawyer acts for you by doing things like drafting documents, attending Court hearings and speaking with other parties on your behalf. |
Respondent (sometimes also called the Defendant) | the party who is defending a case. |
Social media | electronic platforms where people create profiles and talk with online communities to share information. Examples include Facebook, TikTok, and Instagram. |
Subpoena | a document, issued by the Court, that orders a person to give evidence to the Court or to give documents to the Court. |
