Глоссарий будет полезен для тяжущихся сторон, свидетелей, переводчиков и т. д., которые не имеют юридического образования. Он призван стать полезным ресурсом для объяснения слов и фраз, обычно используемых в судебных разбирательствах.
| appeal book | A bundle of documents about the appeal case held by the parties and the full bench. |
| trial book | A bundle of documents about the case held by the parties and the presidential member. |
| finding (of fact) | A conclusion reached by a presidential member on an inquiry of fact. for example, the presidential member may make a finding that, `the injury occurred on 25 april last year`. |
| consent orders | A consent order is a written agreement that is approved by a court or tribunal. consent orders are used when the parties have made an agreement and want formal orders. |
| settlement conference | A discussion to try to resolve or narrow the issues in dispute, under the guidance of a presidential member of the tribunal. |
| third party claim | A document filed by the respondent(s) making a claim against a new party. |
| agreed facts | A document that sets out the facts of the case that have been agreed between the parties. |
| statement of issues and contentions | A document that sets out the issues in dispute between the parties and the arguments the parties want to make. |
| fixed term contract | A fixed term contract is a type of employment contract. |
| application for directions (afd) | A formal request to the tribunal for a direction about a case. |
| judicial support officer (jso) | A judicial support officer works in a presidential member`s office (chambers). they usually communicate with the people involved in a case on behalf of the member. jso`s are employees of the tribu... |
| barrister | A lawyer who specialises in courtroom legal work. engaged by another lawyer (solicitor). also referred to as counsel. |
| deed of release (or deed) | A legal document used to formalise an agreement in a dispute. |
| harman undertaking | A legal prohibition on using documents and information that has been produced through the compulsory court processes for any other purpose than for which they were disclosed. for example, if a doc... |
| case list | A list of cases stating the date and time they are listed for hearing or conference by a tribunal member. see www.saet.sa.gov.au/resources/caselist-today/. |
| non- economic loss | A lump sum payment under the return to work act 2014 (s ss 57 & 58). generally referred to as pain and suffering and the loss of amenities of life. |
| economic-loss | A lump sum payment under the return to work act 2014 (ss 55, 56 & 56a). |
| work capacity certificate | A medical certificate containing prescribed information under the return to work act 2014 |
| accredited medical practitioner | A medical practitioner who holds accreditation to carry out permanent impairment assessments of injured workers. |
| mri scan | A medical scan of the human body involving magnetic resonance imaging (mri). |
| ct (or cat) scan | A medical scan of the human body that creates 3-dimensional images of bones, organs, tissues. |
| conciliation conference | A meeting for people involved in a dispute to discuss the issues and try to reach an agreement. conciliation discussions are usually conducted in private and are confidential. a commissioner will ... |
| entry notice | A notice given to the occupier of a premises (typically an employer) that an official, such as a union official, will enter the premises at a certain time to undertake certain activities, such as ... |
| litigation guardian | A person appointed to provide instructions on behalf of a party with a legal incapacity. |
| accused person | A person charged with a criminal offence. |
| mckenzie friend | A person who attends the tribunal to assist a party in a case. a mckenzie friend cannot represent the party, but may sit next to the party, take notes and offer non-legal advice in whispers, to pr... |
| support person | A person who may attend with a party to provide support. often a family member or friend. a support person is not able to speak on behalf of the party. see also mckenzie friend. |
| self-represented | A person who represents themselves in the case. same as litigant-in-person. |
| object / objection | A phrase said in a courtroom by one lawyer, who believes that the opposing lawyer is not following the usual courtroom procedural rules. when a lawyer says `objection` or `i object` the presidenti... |
| guide to the evaluation of psychiatric impairment for clinicians (gepic) | A published set of guidelines, used by an accredited medical practitioner, to assess the whole person impairment for an injured worker`s psychiatric injury. |
| notice of alternative contention | A reply to a statement of facts, issues and contentions. |
| my friend | A respectful term used by opposing lawyers to refer to each other. not intended to mean that the lawyers are actual "friends". |
| future hearings list | A searchable list of cases before the tribunal and when they are listed. see www.saet.sa.gov.au/resources/caselist-future/. |
| king`s counsel | A senior barrister. formerly known as queen`s |
| senior counsel (sc) | A senior barrister. same as king`s counsel (kc). also referred to as silk. |
| queen`s counsel (qc) | A senior barrister. since the death of elizabeth ii, now called king`s counsel (kc). same as senior counsel (sc). also referred to as silk. |
| directions hearing | A short hearing where a presidential member or commissioner will make orders outlining the next steps that need to be taken to progress the case. |
| precis | A short summary of a large piece of information. |
| application for expedited decision (aed) | A special application under section 113 of the return to work act 2014 where the worker or employer believes there has been undue delay by the compensating authority in deciding a claim. |
| first instance | A term used to describe the hearing and determination of a case by a single presidential member, as opposed to a further "instance" such as an appeal. |
| weekly payments | A weekly sum of money paid to a worker under the return to work act 2014. |
| work injured | A worker who has suffered a work injury. |
| injured worker | A worker who has suffered an injury at work. a person covered by the return to work act 2014. |
| casual loading | An amount casual employees receive on top of the base pay, instead of benefits such as paid annual leave and sick leave. |
| cross-appeal | An appeal filed by the respondent countering the appellant`s appeal. |
| money claim | An application to recover money owed from an employment relationship. |
| self-insured employer | An employer who is registered under the return to work act 2014 as a self-insured employer is responsible for administering work injury claims made by their employees. |
| enterprise agreement | An enterprise agreement contains terms and conditions of employment and sets out what entitlements the employer agrees to provide for those employees in their business or organisation. |
| requesting party | An individual or organisation requesting information from saet. |
| medical expenses | An injured worker under the return to work act 2014 is entitled to reasonable medical expenses compensation. |
| seriously injured worker (siw) | An injured worker whose whole person impairment has been assessed at 35% or more for a physical injury, or 30% or more for a psychiatric injury under the return to work act 2014 (s 21). |
| work injury | An injury to a worker which arose from their employment. |
| employee organisation | An organisation in which employees participate to represent their interests, for example a union. |
| employer organisation | An organisation which represents the interests of employers. for example, business sa. |
| right to silence | Another term for privilege against self-incrimination. if answering a particular question may tend to incriminate that person of a criminal offence, then that person has the right to not answer th... |
| noise-induced hearing loss (nihl) | Binaural hearing loss that can be attributed to loud noise at work. |
| audio-visual link (avl) | Conducting a trial, hearing or conference by video screens and audio link. |
| under oath/affirmation | Having made an oath or affirmation, a witness is then obligated to tell the truth. see perjury. |
| binaural hearing loss (bhl) | Hearing loss relating to both ears. |
| hearsay | Information given by a witness that is about what somebody else may have said. not that witness`s direct evidence. the witness must only say their own story, what they saw, heard or felt. |
| ex tempore | Latin. a decision delivered orally as soon as the hearing is finished. |
| voir dire | Latin. a hearing by a presidential member in the course of, but apart from, the main trial to decide a certain issue before the trial proceeds. |
| stare decisis | Latin. a legal principle to determine cases according to precedent. to determine like cases alike. |
| obiter dictum (or dicta) | Latin. a saying by the way. an observation by a presidential member in a judicial decision on a case that does not go to the actual issues to be resolved. obiter dictum is not binding as a precede... |
| ex gratia | Latin. as a favour. |
| functus officio | Latin. having discharged the duty. once a presidential member has decided the case, that member is functus officio. subject to legal rules, that member cannot reopen or re-hear that case. also, se... |
| sub judice | Latin. in the course of a trial. |
| non sequitur | Latin. it does not follow. |
| a fortiori | Latin. much more; with stronger reason. |
| sui generis | Latin. of its own kind. |
| dux litis | Latin. the party that presents its case first is "dux litis". in the ordinary course the applicant will present his or her case first and will be dux litis or simply dux. |
| ratio decidendi (or ratio) | Latin. the reason of a judicial decision. it is the ratio of a case which makes the decision a precedent for the future. also see obiter dictum. |
| sine die | Latin. without a further listing date. to adjourn proceedings sine die means the proceedings are not finalised and there is no further hearing listed. |
| pro bono | Latin. without monetary charge. |
| record of outcome | Record of what happened during the hearing. |
| compensating authority | Return to work sa, its claims agents and self-insured employers are called compensating authorities. they are responsible for administering claims for work injuries. |
| vacated | Set aside. where a hearing is vacated, the listing for that date is cancelled. where a decision or order is vacated, it is cancelled and has no legal force. |
