Basic Australian Law Trivia Quiz

Answer: a civil wrong

The word 'tort' comes from the Latin tortus (wrong). The law of Tort is a wide field and covers trespass, negligence, conversion, detinue, assault, battery, passing off and defamation. The most widely known kind of Tort action is the suit in negligence. The famous James Hardie case, where a huge group of people sued the company for having exposed them to asbestos, was such a case.

Answer: breaking and entering

An act to be trespass has elements three
you must do it on purpose or negligently
it must be direct, or it's action on the case
and it must be interference with a person, thing or place.

Answer: Your Honour

Although all judges and magistrates in Australia are now addressed as Your Honour, until a few years ago magistrates were addressed as Your Worship. Magistrates now tend to get very cross if you address them as Your Worship.

Answer: bow

Court etiquette demands that you bow to the judge or magistrate when entering or leaving the court while it is in session. If you are already in the courtroom when the judge or magistrate enters or leaves, he or she will bow to the assembly and everyone bows back.

It is of course necessary to turn off your mobile if you have one with you and it is on, but as you do not have to have a mobile, this is not strictly speaking a necessary act.

If you are a man it is of course unacceptable to have your hat on in court, unless you are Jewish and the hat is a Yarmulke. However, this is a social rule rather than a strict rule of court.

Answer: 1986

With the passing of The Australia Act 1986 (in both Australia and England) Australia was no longer subject to English law. This meant that as well as the fact the English Parliament could not pass laws in Australia, the Australian courts were no longer bound by the findings of the English courts such as the Privy Council.

This has led to a divergence between the English and Australian common law, for example in advocates' immunity, which still obtains in Australia but is no longer available in England.

Answer: plaintiff

In a civil matter the parties are known as Plaintiff and Defendant. In a criminal matter they are the Prosecutor and Defendant. On appeal, whichever party brings the appeal is the Applicant and the other party is the Respondent. However in Tribunal proceedings the parties are always known as the Applicant and Respondant.

When a case goes on appeal to a higher court, the person appealing from the previous judgement is always the Applicant, even if he was the Defendant at first instance.

Answer: You may not use this communication in any court proceedings

This phrase is widely misused by lay people. When included at the head of a communication it prevents the recipient, but also the sender, from relying on the contents of the communication in court proceedings.

Without Prejudice communications are generally used between counsel in settlement negotiations.

Answer: Good character

To obtain a practising certificate in Australia, which certifies that you are a suitable person to practise law, you must satisfy the admitting body that you are a person of "good fame and character". This does not necessarily mean that you have never done anything wrong in the past, but the admitting bodies must be satisfied that you are honest.

For example, if you biffed someone over the head in your wild youth and were convicted of assault, this will not necessarily prevent you from obtaining a practising certificate.

But if you do not disclose the prior conviction it will so prevent you, and if discovered later on can lead to your being struck off the roll.

Answer: Instructions to a barrister

The Brief is the document given to a barrister by the instructing solicitor and contains all of the evidence to be relied upon, copies of witness statements, photographs and any documents in the case. Briefs are generally in the form of big white looseleaf folders.

When you see barristers milling about in their robes and wigs and pulling those little suitases on wheels, this is not because they have just flown in from interstate to attend court, but because the suitcases are required to hold their briefs.

It is not unusual for a lawyer attending court to have several suitcases full.

Answer: Succession

Succession law deals with the succession of heirs to the property of the testator (person making the will). It includes issues such as whether a will is valid or not, whether a provision in a will was able legally to be made, and who inherits when there is no will at all.

It also provides for claims against a deceased estate to be made by certain parties such as illegitimate children of the deceased.