Please note, that this glossary is a guide only and does not constitute legal advice. Please discuss your unique circumstances with your lawyer who can clarify how these terms may apply to your claim or enquiry.
A
Accredited Specialist
A lawyer who has been recognised as an expert in a particular area of law following a rigorous assessment process. Accredited Specialists must pass a comprehensive assessment program that tests their knowledge and practical skills in their specialist area and maintain their knowledge and skills on a continuing basis.
Administrative Review Tribunal (ART)
A federal Tribunal that reviews decisions made by Australian government agencies, departments, and ministers. Previously known as the Administrative Appeals Tribunal (AAT) and a common avenue for reviewing Comcare decisions.
Administrator (of a Will)
A person appointed by a court to be responsible for managing a deceased estate in circumstances where the named Executor is unwilling or unable to act or there is no Will.
Affiliated Union
A union that has partnered with a law firm to offer discounts on legal services to that union’s members.
Appeal
The review of the decision of a lower court by a higher court. If successful, the higher court can change the lower court’s decision.
Arbitration / Arbitrator
A formal hearing of a claim conducted by an independent legally qualified Arbitrator who makes a legally binding Determination based on the Evidence.
Australian Financial Complaints Authority (AFCA)
An independent dispute resolution scheme that helps to resolve consumer complaints about financial products and services.
Australian Human Rights Commission (AHRC)
A federal independent body that investigates complaints related to discrimination and human rights breaches.
Authority
A document signed by a person that gives their lawyer the ability to take action or obtain specific information on their behalf. For example, a person may sign an authority to allow their lawyer to obtain their medical records.
B
Barrister
An independent, specialist lawyer. A person’s lawyer may hire a barrister to provide advice about a claim, prepare court documents, and appear at Mediation or in court.
Bill of Costs
A document that sets out a breakdown of legal costs incurred and the amount to be paid.
C
Centrelink
The Australian government body that delivers social security payments and services to Australians.
Certificate of Capacity
A medical certificate issued by a person’s treating doctor that includes details about their ability to work following an injury.
Claims Assessment
The process of reviewing a claim carried out by the Insurer or an independent third party. This usually involves an assessment as to the likely outcome or value of the claim.
Claims Resolution Process
The structured steps involved in resolving a claim. The claims resolution process depends on the type of claim and jurisdiction. For example, the New South Wales Dust Disease Tribunal (DTT) follows a Claims Resolution Process which has been specifically designed for sufferers of dust disease to ensure claims are processed and resolved in a timely manner.
Comcare
A workers’ compensation scheme for Australian federal government employees, and national companies that have a licence under the federal workers’ compensation scheme.
Compensation
The amount of money paid to a person for the losses resulting from an injury. This may be in the form of a Lump Sum payment, or as weekly payments, depending on the claim and circumstances.
Compulsory Conference / Conciliation Conference
A facilitated conference where the parties meet to discuss the issues in dispute and possibility of Settlement. This conference occurs with the assistance of a court representative, or Arbitrator.
Coronial Investigation / Coronial Inquest
An investigation into a person’s death conducted by the Coroners Court to determine the cause and circumstances of a death. If the Coroner requires more evidence, they will hold a Hearing called a Coronial Inquest before making public findings.
Court Proceeding
Any formal process in a court, including all the steps in a court case, from when a claim is first filed to when the judge makes Orders after a Hearing. Once filed with a court, a claim is sometimes called ‘a proceeding’.
D
Damages
Money payable to a person for the injuries they sustained. These include both economic losses (such as loss of income) as well as non-economic losses (such as compensation for pain and suffering).
Defendant
The opposing Party to the claim proceedings. See also: Respondent.
Determination
A formal decision made by a person or body with authority to decide a claim after looking at all the available Evidence, facts and law.
Disbursements
Expenses paid by a lawyer on behalf of a person to progress a claim. For example, disbursements include the cost of obtaining medical records, independent medical reports, and Barrister fees. Disbursements are different from the Professional Fees paid for the lawyer’s work. When and how disbursements are paid are set out in the Legal Costs Agreement.
Disbursement Loan
A loan a person obtains from a disbursementfunder to pay for Disbursements during a claim. If the claim is successful, the person repays the loan plus any applicable fees, Interest and charges from their Compensation. The details of the loan are set out in the person’s agreement with the Funder.
Dispute Resolution Conference
A structured negotiation where the parties to a claim meet to discuss the issues in dispute and the possibility of Settlement, generally before Court Proceedings have started.
DocuSign
An online platform that enables people to read and sign documents electronically.
E
Estate
All the assets (money and property) and liabilities (debts) of a person. The term is often used after that person has died.
Evidence
Material that is presented to a court to either prove or disprove a fact. In personal injury claims, evidence can include documents such as witness statements, accident reports, medical records and expert reports about a medical condition.
Executor / Executrix
The person or entity nominated in a Will to carry out the deceased person’s directions in the Will and manage the administration of their Estate.
F
Formal Settlement Conference
A structured negotiation after Court Proceedings have commenced where the parties to a claim meet to discuss the issues in dispute and the possibility of Settlement.
Funder
An entity that provides funds for a particular purpose. For example, a disbursement funder is a loan company that provides a loan for Disbursements that need to be paid during a claim. For more information see: Disbursement Loan.
G
Goods and Services Tax (GST)
A tax applied to most goods and services provided or sold in Australia that adds 10% to the price. All Slater and Gordon professional fees and cost estimates are GST inclusive unless otherwise specified.
Guarantee / Guarantor
A legally binding agreement made by a person or entity to ensure that another person or entity meets their obligations under a contract. The person or entity who guarantees the contract is referred to as the Guarantor and becomes responsible if obligations are not met. For example, a law firm may act as a guarantor to enable a client to obtain a Disbursement Loan, if they believe the client has reasonable prospects of succeeding in their claim.
H
Hearing
A formal meeting in court to resolve issues in dispute. Some hearings are preliminary, such as directions hearings, where the court may make decisions of an administrative or procedural nature, for example providing the parties with a timetable for steps leading up to a final hearing. A final hearing (sometimes called a Trial) is where the parties to a claim present Evidence following which the court official makes a decision or judgment.
I
Impairment Benefits
A Lump Sum payment for a person injured in a road or work accident, determined by legislation. Provided specific criteria is met, the person may be eligible for an impairment benefit regardless of who was at fault for the accident. The amount the person receives is set by the relevant law and usually determined by the type of injury.
Independent Legal Assistance and Review Service (ILARS)
A New South Wales government scheme managed by the Independent Review Office (IRO), which assists with claims against insurers and provides funding to approved lawyers to pursue some workers’ compensation and motor vehicle accident claims on a person’s behalf.
Industrial Deafness
Also referred to as occupational hearing loss, relates to any condition of deafness caused by prolonged exposure to industrial noise while working.
Instructions
Information a client provides to their lawyer about their claim. This includes factual information, as well as directions on how to proceed when decisions need to be made about the claim. For example, a lawyer will ask the client for instructions (information) about the circumstances of the accident. The lawyer will also ask for the client’s instructions (direction) about whether to accept or make an Offer of Settlement.
Interest
A monetary charge applied to borrowed money, usually expressed as a percentage. For example, the percentage rate of interest paid for the money borrowed from a disbursement Funder will be detailed in the agreement with the Funder.
Interest Claim (Superannuation)
A type of superannuation claim that relates to the Interest a person could have earned on their benefit money from when it was unreasonable for the insurer to withhold payment up until the benefit was paid.
Interlocutory Application / Interlocutory Hearing
An application to the court seeking Orders or ruling on a particular issue related to proceedings. It is not a final decision. It is a way to address precise issues necessary to progress the claim. Often the court will make the decision after holding an Interlocutory Hearing.
Interrogatories
A formal set of questions sent by one party to the other to gain further information and details about facts and evidence. The other party must, within reason, provide written answers to the questions which are then provided to all parties to a claim and the court or Tribunal.
Interstate Costs Law
The law overseeing the payment of legal costs when a claim involves parties or lawyers from more than one Australian state or territory. Interstate costs laws consider which costs apply, how they need to be disclosed, how they are assessed and how they are enforced.
Issues and Listing Conference
A conference that sometimes occurs prior to a Hearing and gives the parties an opportunity to identify and resolve disputed issues.
J
Judgment Sum
The amount of money ordered by a court to be paid.
L
Law Clerk
A person with legal knowledge who is not admitted to the legal profession as an Australian legal practitioner. A law clerk’s work must be supervised by a lawyer.
Law Graduate
A person who has completed their university studies in law but has not been admitted to the legal profession as an Australian legal practitioner. A law graduate’s work must be supervised by a lawyer.
Legal Assistant
A person who helps lawyers with administrative non-legal work. For example, a legal assistant may organise an appointment for a client to meet with their lawyer, or file documents prepared by a lawyer with the Court.
Legal Capacity
The ability of an adult to make reasoned decisions relating to personal, financial, and legal matters. Anyone without legal capacity, such as a child or someone with an injury that significantly impacts their ability to make reasoned legal decisions, must have a Litigation Guardian or Tutor when bringing a claim.
Legal Costs Agreement
An agreement, between the client and lawyer that outlines the terms and conditions of engagement. Legal cost agreements generally include cost disclosure, this is information about the work to be performed, the fees to be charged, how and when the client will be billed as well as their rights.
Legislation
Laws enacted by parliament, or entities empowered by parliament. These are commonly referred to as Acts or Statutes.
Liability
A person or entity’s legal responsibility, duty, or obligation.
Litigation
The process of making a claim or seeking compensation through the court.
Litigation Guardian
A person who acts on behalf of another person when that person is unable to make decisions about their legalclaim due to mental or physical disability, or because they are a child. A Litigation Guardian stands in the place of a person, provides Instructions to the lawyer, and makes the decisions about the claim. In New South Wales this person is called a Tutor.
Loan
Funds that are borrowed, to be repaid according to the conditions of the loan agreement.
Lump Sum
A payment of money that generally consists of a one-time payment of money as opposed to multiple smaller instalments.
M
Mediation
A structured negotiation conference facilitated by an independent person, known as the mediator, where the parties to a claim discuss the issues in dispute and possibility of Settlement.
Medical Assessment Certificate
A medical certificate issued by an independent medical assessor. These are usually in response to a request for an assessment regarding specific medical issues that are in dispute from a legal point of view. Sometimes called a Certificate of Assessment.
Medical Panel
A group of expert doctors who come together to provide medical opinions in personal injury cases. Some medical panels function like a Tribunal to provide legally binding answers to specific medical questions.
Medicare
Australia’s universal health insurance scheme. Medicare provides Australians with access to health and hospital services at low or no cost.
N
Negligence
When a person or entity owes a duty of care to someone, that duty has been breached and the person has suffered an injury, loss or damage as a result.
New South Wales Dust Disease Tribunal (DTT)
A Tribunal that decides claims from people who are suffering from dust related diseases and from dependants of people who have died as a result of a dust related disease.
No-Fault Benefits
Benefits provided to an injured person pursuant to Legislation, regardless of who caused the injury.
No Win No Fee
An arrangement where professional fees are only payable if the claim succeeds, or in limited other circumstances as set out in the Legal Costs Agreement, known as a conditional cost agreement. Learn more about No Win No Fee
Nominee
A person who is legally authorised to receive benefits or payments on another person’s behalf.
Non-Attendance Fee
A charge paid by a person if they fail to attend a scheduled appointment (usually medical) without providing reasonable notice.
Notice of Accident / Notice of Claim
A written document that makes an insurer or Defendant aware that a person has suffered a personal injury and intends to seek compensation. This is often the first legal step required when pursuing a claim.
Notice of Assessment
A document provided by a medical expert which details the injury and the expert’s opinion about the percent of Whole Person Impairment.
O
Offence
A criminal act.
Offer of Settlement
A proposal made by one party to a claim to the other party to end the claim on certain terms, sometimes this includes the payment of Compensation. The other party can accept or reject the offer of settlement, or make their own offer of settlement, called a counter-offer.
Office of Criminal Injuries Compensation (WA)
The government body in Western Australia that handles claims for compensation by people who have been injured as a result of an offence.
Office of the NSW Legal Services Commissioner (OLSC)
An independent body responsible for regulating the legal profession in New South Wales.
Order
A legally-binding direction from a court or Tribunal.
Other Party Contribution
The amount the losing Party contributes to the legal costs of the successful Party.
P
Paralegal
A person who assists a lawyer with legal work but who is not admitted to the legal profession as an Australian legal practitioner. A paralegal’s work must be supervised by a lawyer.
Party
A person or entity making or responding to a claim. Parties may include individuals, organisations, companies, or government entities. The person making the claim is referred to as the Plaintiff or Applicant and the person responding is called the Defendant or Respondent.
Permanent Impairment
An injury that is stable and not likely to improve with further medical or surgical treatment.
Personal Information
Information or opinions related to a reasonably identifiable individual.
Personal Injury Commission (PIC)
A specialist Tribunal that resolves claims involving motor vehicle accidents and workplace injuries in New South Wales.
Personal Injuries Indexation Notice
A government document published each year setting out the updated minimum figures for monetary compensation for personal injury claims in Queensland.
Personal Injuries Proceedings Act 2002 (Qld) (PIPA)
The law that sets out how personal injury claims are managed in Queensland before they go to court.
Plaintiff
A person who makes a claim in court proceedings.
Possessory Lien
A legal right allowing a lawyer to keep a client’s documents and any money held for the client until they pay outstanding legal costs owed to the lawyer.
Pre-Filing Statement
A statement that is prepared before the issue of court proceedings in New South Wales. The document sets out the details of the claim and Evidence to support the claim.
Pre-Trial Conference
A step in Court Proceedings where parties to a claim meet for a structured negotiation facilitated by the court to discuss the issues in dispute and the possibility of Settlement.
Preliminary Discovery Application
A court process used by a person to obtain relevant documents and information relating to a potential claim, before court proceedings have commenced. This information is then used by the person who obtained it to decide whether to bring a claim.
Procedural Fairness Submissions (Superannuation)
A detailed response to a superannuation insurer who has formally stated it has enough Evidence to deny a claim. The response may correct errors made by the insurer, provide further Evidence, and explain the legal basis for the claim.
Professional Fees
The cost of the work a law firm does on a legal claim. For example, the work done to obtain and review medical records, provide a client with advice about a claim, and to represent them in court.
Professional Obligations
Strict rules and duties that apply to lawyers. They have a duty to the court, the justice system, and their clients.
Q
Queensland Civil and Administrative Tribunal (QCAT)
A specialist Tribunal that resolves certain types of claims in Queensland.
Queensland Industrial Relations Commission (QIRC)
A specialist Tribunal that handles appeals related to decisions made by WorkCover Queensland or the Workers’ Compensation Regulator.
Queensland Legal Services Commission
An independent body responsible for regulating the legal profession in Queensland.
R
Regulated Costs
Legal costs that are set, capped or restricted by law. Regulated costs can be determined by the type of work done, the Compensation received, the injury sustained or other factors.
Request for Reconsideration
A written reply to seek change to an initial decision made by an insurer. This process is not always available depending on the type of claim, however these are common in superannuation benefit claims and Comcare claims.
Respondent
The Party who does not initiate a court proceeding but instead is required to respond because the initiating Party is making a claim against them. See also: Defendant.
S
Scale
Legal costs set by reference to items of work. Some courts use a Scale to determine the amount of legal costs the unsuccessful Party must pay to the successful Party.
Sensitive Information
Information that relates to a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affirmations, philosophical beliefs, membership of a professional or trade association, membership of trade union, sexual preferences or practices, or criminal record.
Settlement
When the parties resolve a claim on terms agreed between them, before a final decision is made by a court. This is a contractual agreement between the parties which settles the claim.
Settlement Agreement / Settlement Deed
A legally binding document that sets out the agreed terms between the parties to resolve a claim.
Settlement Conference
A meeting between the parties to discuss the issues in dispute and the possibility of Settlement.
Serious Injury / Significant Injury
An injury that meets specific levels, rates or amounts set by law. Usually, to determine whether someone has suffered a serious or significant injury the person’s Whole Person Impairment is measured as a percentage.
Special Counsel
A very experienced senior lawyer who provides advice on complex claims and prepares detailed court documents. A lawyer may recommend using Special Counsel instead of an independent Barrister to provide advice about a claim, prepare documents and appear on a client’s behalf at Mediation or in court.
Standard of Care
The legal benchmark used to determine whether someone who owes a duty of care has satisfied their obligations.
Statement of Claim
A document that sets out the facts and principles of law that form the basis of the claim. A Statement of Claim is filed with the court at the beginning of a proceeding.
Successful Outcome
Slater and Gordon defines a successful outcome of a claim to be if:
- the client or their nominee receives any benefit, Compensation, Judgment Sum or Damages; or
- an Offer of Settlement is made that Slater and Gordon recommends the client accept; or
- the client gains a right or entitlement to proceed with a claim for any benefit, Compensation or Damages; or
- an order, agreement or obligation exists for the other Party or parties to make a contribution to the client’s legal costs.
T
Tasmanian Civil and Administrative Tribunal (TASCAT)
A specialist Tribunal that resolves certain types of claims in Tasmania.
Trial
A formal Hearing where all the facts and legal issues are presented to a judge, court official or jury and a formal decision is made about the claim.
Tribunal
A body established to settle certain types of disputes. Similar to a court, but procedures in a Tribunal are usually less formal and the required documentation as well as the rules of Evidence are less strict.
Trust Account
A special type of bank account where lawyers hold money on behalf of their clients. A client may be asked to deposit money into this account to pay for Disbursements and it is where Compensation is paid when the claim resolves, before being transferred to the client.
Tutor
A person who acts on behalf of another person when that person is unable to make decisions about their legal claim due to mental or physical disability, or because they are a child. A Tutor stands in the place of a person, provides Instructions to the lawyer, and makes the decisions about the claim. In states other than New South Wales this person is called a Litigation Guardian.
U
Uniform Civil Procedure Rules 1999 - Scale of Costs (Queensland)
The Scale used in Queensland to determine the amount of legal costs the successful party can seek to recover from the unsuccessful party.
Uplift Success Fee
Legal costs calculated as an additional percentage on top of Professional Fees to compensate a lawyer for taking the risk of working on a No Win No Fee basis. The uplift success fee becomes payable for work completed only if the client’s claim achieves a Success Outcome.
V
Victorian Civil and Administrative Tribunal (VCAT)
A specialist Tribunal that resolves certain types of claims in Victoria.
Victorian Legal Services Board and Commissioner
An independent body responsible for the regulation of the legal profession in Victoria.
W
Whole Person Impairment (WPI)
A measurement of a person’s permanent functional loss expressed as a percentage as guided by the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA).
WorkCover WA Conciliation and Arbitration Services
The scheme in Western Australia for resolving workers’ compensation claims by agreement. This includes assisted negotiation (called conciliation) and formal decision-making by Arbitration.
Workers’ Compensation Regulator
A government body, that varies for each state, responsible for the administration of the worker’s compensation scheme.
#
50/50 Rule (Queensland)
A law in Queensland that caps Professional Fees a lawyer can charge a client at no more than half of the Compensation the client receives, after Disbursements and statutory refunds have been deducted. As a result, sometimes a client will pay less than the full value of the work the lawyer has done on their claim.