'Matter'
… is a common enough word but in the context of "legal speak" this is a set of specific instructions provided by a client to a solicitor.
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'Instructions'
… are the main stay of any solicitor's retainer!
A solicitor should only be acting upon the instructions of their client. The nature of the relationship between a solicitor and client permits a solicitor to act in their client's best interest even if they do not have specific instructions to cover the eventuality faced by the solicitor (perhaps because he's on his feet in court and he's being asked a question by a judge!).
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'Retainer'
… a client retains a solicitor.
Another common word to describe this process is "engage". Essentially the process of a client appointing a solicitor to act for them, to advise or represent them in a court, should be clearly defined in writing to avoid any uncertainty about what the solicitor is instructed to do.
Retainers also include information such as the identity of and authorised representative of the client (if a corporation), the legal charges and the professional fees and disbursements likely to be incurred whilst carrying out the work.
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'Proceedings'
… generally referred to as an action in Court.
At the commencement of "proceedings" in the Family Court, you'll be allocated a "proceedings number". In the State Court this used to be called the "Plaint No." This number must be inserted on every document filed in the court in the cause of the action.
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'Subpoena'
A Subpoena is a court order requiring a person not involved in the particular court proceedings to produce documents and or attend court to give evidence.
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'Conduct Money'
The money provided by the process server (who
delivers the subpoena to the addressee) to cover the reasonable
expenses of answering the subpoena. If the amount is inadequate, you
may consider an application to the court for more!
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'Alternative Dispute Resolution (ADR)'
A dispute resolution
process that is an “alternative” to going to Court. It may include
mediation, conciliation, expert determination, arbitration or even
formalised settlement discussions.
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'Injunction'
A court order requiring a person to do or be restrained from doing certain acts or activities.
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'Anton Piller Order'
A type of order now commonly known as
‘Search Orders’ permitting a party, together with a supervising
solicitor, to enter a premises and to search and seize evidence,
documents and information relevant to a particular case. These types
of orders are often issued in fraud cases or in other circumstances
where it appears that “forewarning” of the Order will result in
destruction of the evidence.
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'Mareva Order'
Now known
as a ‘Freezing Order’. This is an order that prevents a person from
disposing of, selling, encumbering or otherwise dealing with certain
assets pending final determination of an Application or court
proceedings.
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'Ex parte'
Means ‘in the absence of the other party’. Often
the hearing of the application for an Anton Piller Order or Mareva
Order is on an “ex parte” basis and in the absence of or without notice
to the other party.
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'Legal Services Agreement / Cost Disclosure'
… lawyers in New South Wales, Australia, are required to disclose the basis by which they propose to charge for their services (if retained) and to provide an estimate of costs likely to be incurred in carrying out the work that they will be instructed to perform.
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For other legal terms check out this online legal dictionary. It is American but should still help you.
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