Term | Description |
---|---|
Action | Something you can do on a case using CourtSA |
Active charge | A charge that is still going and has not been finalised |
Addressee | A person to whom the subpoena was addressed and therefore must comply with the order expressed in a subpoena. |
Adhoc Hearing Lists | Hearing listings that are listed outside of set timeslots. |
ADM number | An administration number that is allocated to a request. |
Affidavit | A written statement confirmed by oath or affirmation, for use as evidence in court. |
Appellant | A person appealing or seeking a review against a judgment or order. |
Applicant | A party (individual or organisation) who lodges and initiates a case (claim, cross claim or originating application) with the court. Was previously referred to as a Plaintiff on a Claim and an Applicant on an Application. |
Authorisation | Endorsement or confirmation by the Presiding Officer or the Court Officer as per jurisdictional requirements |
Automatic Publication Prohibition | A legislated restriction on publication of particular case details |
Backdated | To date a cheque, invoice, letter, document, with a date earlier than the actual date |
Bail | An agreement in which you make an undertaking to be present through the proceedings and to comply with conditions. |
Body Corporate | A separate legal entity (other than a natural person) that has a legal existence. |
BPoint | Online system provided by the Commonwealth bank to enable the processing of telephone credit card payments |
Breach | When someone does not obey an order of the court |
Calendar | An electronic chart showing the days, weeks and months of the year and displays the timeslots (diaries) available on any given day. |
Card Verification Number (CVN) | A three-digit security number that usually appears on the back of a credit or debit card. It is sometimes referred to as a card security code or card verification value and it provides extra protection against fraud |
Care and Protection | A type of matter brought under the Children and Young People (Safety) Act 2017. |
Case Participant | A person or person’s named on a case. |
Chambers Staff | Personal Assistants, Judicial Assistants, Associate Judge’s Clerks, Magistrate’s Clerks, Associates, Tribunal Clerks |
Charge | The offence you are alleged to have committed |
Civil case | Applications that fall within the civil area of the court |
Claim | A type of case supported by pleadings (was previously referred to as a summons in the District and Supreme Courts). |
Committal hearing | A hearing held in the Magistrates Court to determine if there is sufficient evidence for an accused person to be committed to a higher court for trial. |
Consumer Price Index | An index which provides a measure of the change in the average cost of a standard basket of retail goods by relating the cost in the current period to that of a base period; used as a measure of inflation |
Contribution Claim | A document filed by the Respondent(s) outlining the contribution of the other party for the claim. |
Copy of Record | A copy of record sets out the court case history from initiation to the date of generation of the Copy of Record. |
Correspondence | Incoming and outgoing emails and documents between the court and parties |
Counterclaim | A cross action in which an existing party seeks final relief from the Court against another existing party. |
Court file | The Court’s record of the case. |
Court Officer | Registry staff entering the outcome |
Court Request | A request for assistance by a self-represented case participant or their legal representative for their appearance at a hearing. It also includes a request to adjourn a hearing by consent. |
CourtSA | The online service where court users can initiate new cases, defend cases, lodge documents, download documents and view their case (with some exceptions). |
CourtSA Form | Electronic form completed and lodged using CourtSA. |
CourtSA Generated document | Document automatically produced by CourtSA based on information provided by the user when completing a CourtSA form. |
Cross Appeal | An appeal filed by the respondent countering the appellant’s appeal. |
Cross Appellant | A person who files an appeal/review which counters the appellant’s appeal/review |
Cross Claim | A collective term encompassing cross claim types counterclaim, third party claim and combined counterclaim & third party claim documents. |
Cross Respondent | A party called to answer an appeal/review of a cross appellant |
Cross Review | A review filed by the respondent countering the appellant’s review |
Debtrak | The fines and debt management system used by FERU. The CAA do not have access to this system |
Defence | A document filed by the Respondent(s) in response to the claim made by the Applicant(s). |
Disposition | The status of the party and/or subcase. It will be either finalised or unfinalised. |
Ex parte | On the application of one party to an action in the absence of the other. |
Exhibit | A document or thing that is referred to in an affidavit or statutory declaration. It may be evidence tendered in court. Formerly referred to as ‘Annexures’ in some jurisdictions. |
File Document Number (FDN) | A consecutive numbering system assigned to documents (with some exceptions). |
Filed by | The person that lodged the document or process. |
Filing Date | The date the document is accepted as part of the Court record. |
Final Notice of Claim | A formal notice given to a person to demand payment of monies owed (or any other remedy you are seeking) before taking further civil court action. It is a low-cost opportunity to resolve the issue before issuing a civil court claim. |
Finalised | When the case is closed. |
Fines Enforcement and Recovery Unit | An office of the Attorney-General’s Department managing new and overdue fines and debts issued by government agencies across South Australia. |
First appearance | The first time a matter appears in court |
General Jurisdiction | Applications that fall within the criminal area of the court |
Hearing | A proceeding before the court. |
Hearing Requirements | Requests that can be made by the parties or the court relating to accessibility and safety during hearings. |
Hearing Requirements – AVL Hearing | At least one party to a hearing will appear at the hearing from another location using Audio Visual Link (AVL). |
Hearing Requirements – Courtroom with hearing loop facilities | At least one party to a hearing requires the use of a courtroom with hearing loop facilities. |
Hearing Requirements – Hearing loop equipment | At least one party to a hearing requires the assistance of hearing loop equipment. |
Hearing Requirements – Interpreter | At least one party to a hearing requires the assistance of an interpreter |
Hearing Requirements – Other | At least one party to a hearing has requested another form of assistance. |
Hearing Requirements – Phone Hearing | At least one party to a hearing will appear from another location with the aid of a Telephone connection. |
Hearing Requirements – Registrar Appear | A registrar is required to appear at the hearing. |
Hearing Requirements – Security | At least one party to a hearing has requested additional security. |
Hearing Requirements – Wheelchair accessible courtroom | At least one party to a hearing requires the hearing to be held in a courtroom that is wheelchair accessible. |
Hearing Status | Whether the case has been listed, rescheduled, cancelled or adjourned. |
Hearing Status – Adjourned | The hearing has been postponed with a new date and time. |
Hearing Status – Cancelled | |
Hearing Status – Listed | The hearing has been set for hearing on a date and at a time. |
Hearing Status – Rescheduled | The hearing has been rescheduled to another date and at a time. |
Hearing type – Admission hearing | A hearing for the court to hear an admission. |
Hearing type – Appeal hearing | A hearing to appeal a decision. |
Hearing type – Appeal hearing Court of Appeal | A hearing to appeal a decision in the Court of Appeal |
Hearing type – Appeal hearing Court of Appeal part heard | A hearing of an appeal in the Court of Appeal that is part heard. |
Hearing type – Appeal hearing part heard | A hearing of an appeal that is part heard. |
Hearing type – Argument hearing | A hearing for the parties to present evidence and arguments. |
Hearing type – Costs taxation hearing | A hearing to examine and adjust the costs claimed to have been incurred in litigation. |
Hearing type – Directions hearing | A directions hearing is a brief hearing. It is a chance for the presiding officer to discuss the progress of the case and give ‘directions’ to the parties. |
Hearing type – Evidence on Commission | A hearing where evidence is given orally as part of a Commission. |
Hearing type – Examination Summons | A hearing to examine why the judgment debtor has failed to comply with an order to pay made at a previous investigation hearing. |
Hearing type – For Mention Only | A hearing for the parties to update the court on how a matter is progressing, and deal with an administrative matter such as setting dates. |
Hearing type – General hearing | A hearing for an application. |
Hearing type – Hearing | A hearing for the case to appear in court. |
Hearing type – In chambers hearing | A hearing outside the courtroom. |
Hearing type – Initial directions hearing | The first hearing for a Claim. |
Hearing type – Investigation Summons | A hearing for the Court to examine the judgment debtor’s ability to pay the debt and how the debt will be paid. |
Hearing type – Judgment hearing | A hearing to deliver reasons for judgment and to consider other orders such as costs. |
Hearing type – Judgment made administratively | An order for judgment is made without a court hearing. |
Hearing type – Listing conference | A hearing to list the case for trial. |
Hearing type – Mediation | A form of alternative dispute resolution where an independent person (a mediator) is appointed to help the parties come to agreement. Mediators do not decide the outcome of the dispute. They help the parties consider the issues and best outcome. Parties may choose to use mediation instead of going to court, or the court may order the parties to go to mediation in an attempt to resolve a dispute. |
Hearing type – Minor Civil Review | A hearing for review of a decision of a Magistrate or Judicial Registrar in a minor civil action. |
Hearing type – Orders made administratively | An order is made without a court hearing. |
Hearing type – Possession hearing | A hearing to decide whether property should be taken and placed in someone else’s control. |
Hearing type – Pre-trial Directions Hearing | A conference between parties for the purpose of narrowing down the issues and to seek agreement on which matters should be presented at the trial. |
Hearing type – Settlement conference | A hearing for a detailed discussion of a case to try to resolve the matter or narrow the issues to be determined at trial. |
Hearing type – Special directions hearing | The first hearing for a claim when the pre action steps have not been complied with. |
Hearing type – Summons to Witness | A hearing for a request to summons be served. |
Hearing type – Suppression order review hearing | A hearing to review whether a suppression order should be lifted or varied. |
Hearing type – Trial | A hearing in a court where all evidence is heard and a final decision is made. |
Hearing type – Trial Full Bench | A hearing of a trial in court before the full bench. |
Hearing type – Trial Full Bench part heard | A hearing of a trial in court before the full bench that is part heard. |
Hearing type – Trial part heard | A hearing of a trial that is part heard. |
Hearing type – Trial part heard [no fee] | A hearing of a trial that is part heard without a fee. |
Hearing type – Trial [no fee] | A hearing of a trial where no fee has been paid. |
Hearing type – Warrant of Arrest | A hearing for an order to be made for a Warrant of Arrest to be issued. |
Hearing type – Warrant of Commitment | A hearing for a warrant of commitment. |
Higher Courts | Supreme Court, District Court and Environment, Resources and Development Court. |
Inactive charge | A charge that is no longer active. |
Individual | A person who holds a position within an organisation and brings proceeding in that capacity. For example, a Public Officer, Chief Executive or Investigator. |
Informant | The person, organisation or agency that lodges the Information and/or summons. |
Information | A formal document that details the charge or charges brought against a person, where the person is suspected of having committed an offence. |
Interested party | A party (whenever joined) against whom no relief is sought and whose interests are not directly and adversely affected by the claim, cross claim or originating application but who has an interest in respect of the final relief sought in an action or cross action to such an extent that the person should be joined as an interested party should be given the opportunity to be heard therein or who must be joined to be bound by the result but not as a respondent. |
Interpreter | A person who interprets, especially one who translates speech orally or into sign language. |
Invoice | A request for payment for goods or services provided. |
Judgment debtor | The party liable to pay a debt that the court has ordered them to pay. |
Judicial Officers | Justices, Judges, Commissioners, Magistrates, Judicial Registrars, Special Justices. |
Jurisdiction | The authority of the court to decide matters before it. |
Justice of the Peace | A person appointed by the Attorney-General to act as an independent and objective witness to documents people use for official or legal purposes. |
Law Code | The section and act that the offence falls under. |
Law Firm Code | A unique code that is issued to a Law Firm by the Law Society of South Australia. |
Legal Representation | Whether the person is self represented or the name of the representative. |
Lodge / lodging / lodged | How a user submits court documents to the court. The action of depositing or lodging something. |
Mediation | An alternative dispute resolution process where the parties, with the assistance of a mediator, identify issues, develop options, consider alternatives and endeavour to reach an agreement. |
Minutes of Order (Draft Orders) | (a) A list of orders that a party is seeking the court to make; (b) The outcome orders a court has made. |
Non-Judicial Officers | Registrars, Deputy Registrars, Mediators, Court Experts, Listing staff. |
Non-Party | Any person that is not a party to the case, including the Media. |
Notice of Alternative Contention | A responding document to an appeal where the respondent agrees with the original court/tribunal decision but believes the decision should have been based on other reasons than those provided by the court/tribunal. |
Notifications | Emails automatically sent by CourtSA. |
Offence Date | The date on which the offence took place. |
Office Holder | A person who has authority to bring a proceeding in the name of the office held by the person rather than in the name of the individual. A person who holds a position within an organisation and bri… themselves. For example, the Commissioner of Police or a Minister. |
Online lodgement | Lodgement using CourtSA. |
Outcome | A record of what occurred and what was ordered by a presiding officer at a hearing. |
Over-the-counter lodgement | A document lodged over the counter in person. |
Plaintiff | Now referred to as ‘Applicant’. |
Pleadings | Is a formal statement of a cause of an action or defence. A generic statement encompassing Statement of Claim, Defence, Reply and Response lodgement types. |
Practitioner Code | A unique code that is issued to an individual legal practitioner by the Law Society of South Australia. |
Pre-trial conference | A hearing where the court hears what facts or legal issues are in dispute, where the possibility of dealing with the charge other than trial is explored and if a trial is to be set the length of the trial is estimated. |
Prescribed form | A form prescribed by the Court Rules. |
Presiding Officers | Includes Judicial officers and non-judicial officers hearing a matter. |
Probate case | Applications that fall within the probate area of the court. |
Record of Outcome | A record of what happened at the court hearing. |
Regular Party | An organisation or agency that regularly lodges proceedings with the Courts. A regular party can only be selected if the applicant has been given a Regular Party code. |
Rejoinder | A document lodged on a Claim or Cross Claim to reply to a Reply to Defence, or a document lodged on a Third Party Claim to respond to a Defence. |
Related Case | Any case that has been linked to another case. If the case moves jurisdictions, gets committed or appealed there will be a related case. |
Reply | A document lodged on a Claim or Cross Claim to reply to a Defence. |
Requesting Party | An individual or organisation requesting service from the CAA via CourtSA. A requesting party may include a solicitor acting on instruction from an individual or organisation. |
Respondent | A party (individual or organisation) against whom a case (Claim , Cross Claim or Originating Application) has been lodged or an appeal brought. |
Role | The person’s part in the case (Applicant, Respondent, Interested Party, Third Party, Fourth Party). |
Special jurisdiction | Applications that do not fall within the general jurisdiction. |
Suitors Fund | A bank account that is separate from the Court’s collection account, where money is held in trust on behalf of parties in an unfinalised matter, earning interest at a rate set by the Department of Treasury & Finance, until there is a Court order or by direction of the Registrar, to action a payment out. |
Summons | A document notifying a person of a court hearing on a specified date. |
Term | Description |
---|---|
Addressee | A person to whom the subpoena was addressed and therefore must comply with the order expressed in a subpoena. |
Adhoc Hearing Lists | Hearing listings that are listed outside of set timeslots. |
Affidavit | A written statement confirmed by oath or affirmation, for use as evidence in court. |
Authorisation | Endorsement or confirmation by the Presiding Officer or the Court Officer as per jurisdictional requirements. |
Automatic Publication Prohibition | A legislated restriction on publication of particular case details. |
Backdated | To date a cheque, invoice, letter, document, with a date earlier than the actual date. |
Body Corporate | A separate legal entity (other than a natural person) that has a legal existence. |
BPoint | Online system provided by the Commonwealth bank to enable the processing of telephone credit card payments. |
Calendar | An electronic chart showing the days, weeks and months of the year and displays the timeslots (diaries) available on any given day. |
Card Verification Number (CVN) | A three-digit security number that usually appears on the back of a credit or debit card. It is sometimes referred to as a card security code or card verification value and it provides extra protection against fraud. |
Case list | A daily list of matters for hearing. Each matter will be listed on the case list next to the number of the courtroom so that you know where you are supposed to be. Case lists are sometimes still called by their old name of “cause lists”. |
Case Participant | A person or person’s named on a case. |
Chambers Staff | Personal Assistants, Judicial Assistants, Associate Judges Clerks, Magistrate’s Clerks, Associates, Tribunal Clerks. |
Civil case | Applications that fall within the civil area of the court. |
Consumer Price Index | An index which provides a measure of the change in the average cost of a standard basket of retail goods by relating the cost in the current period to that of a base period; used as a measure of inflation. |
Correspondence | Incoming and outgoing emails and documents between the court and parties. |
Court Officer | Registry staff entering the outcome. |
Court Request | A request for assistance by a self-represented case participant or their legal representative for their appearance at a hearing. It also includes a request to adjourn a hearing by consent. |
CourtSA | The online service where court users can initiate new cases, defend cases, lodge documents, download documents and view their case (with some exceptions). |
Debtrak | The fines and debt management system used by FERU. The CAA do not have access to this system. |
Directions hearing | A hearing before a trial to encourage the parties to settle and/or reduce the amount of points that the parties are arguing about. Both parties will be able to set out what they can agree on and what they won’t agree to. |
Discovery | (before a hearing or trial) the production by one party, at the request of the other, of a list all documents currently or formerly in the party’s possession relating to the case. |
DPP | Director of Public Prosecutions. |
Duty solicitor | A solicitor rostered to attend a court in order to advise or represent persons without legal representation due to appear in court that day. |
Exhibit | A document or thing that is referred to in an affidavit or statutory declaration. It may be evidence tendered in court. Formerly referred to as ‘Annexures’ in some jurisdictions. |
Final Notice of Claim | A formal notice given to a person to demand payment of monies owed (or any other remedy you are seeking) before taking further civil court action. It is a low-cost opportunity to resolve the issue before issuing a civil court claim. |
Fines Enforcement and Recovery Unit | An office of the Attorney-General’s Department managing new and overdue fines and debts issued by government agencies across South Australia. |
First appearance | The first time a matter appears in court. |
Guarantor | One who gives a guarantee; a surety. |
Individual | A person who holds a position within an organisation and brings proceeding in that capacity. For example, a Public Officer, Chief Executive or Investigator. |
Interested party | A party (whenever joined) against whom no relief is sought and whose interests are not directly and adversely affected by the claim, cross claim or originating application but who has an interest in respect of the final relief sought in an action or cross action to such an extent that the person should be joined as an interested party should be given the opportunity to be heard therein or who must be joined to be bound by the result but not as a respondent. |
Interpreter | A person who interprets, especially one who translates speech orally or into sign language. |
Invoice | A request for payment for goods or services provided. |
Judicial Officers | Justices, Judges, Commissioners, Magistrates, Judicial Registrars, Special Justices |
Justice of the Peace | A person appointed by the Attorney-General to act as an independent and objective witness to documents people use for official or legal purposes. |
Law Firm Code | A unique code that is issued to a Law Firm by the Law Society of South Australia. |
Magistrate | A judicial officer presiding over a court of the lowest tier (ie with summary criminal jurisdiction and a limited civil jurisdiction). They are addressed as ‘Your Honour’ or Sir/Madam. Magistrates don’t usually wear robes and wigs as they do in some of the other courts. |
Matter | In Australian constitutional law, a question involving the conflicting claims of specific parties, to be settled by the determination of the court. Case, or parts of a case. |
Mediation | An alternative dispute resolution process where the parties, with the assistance of a mediator, identify issues, develop options, consider alternatives and endeavour to reach an agreement. |
Minutes of Order (Draft Orders) | (a) A list of orders that a party is seeking the court to make; (b) The outcome orders a court has made. |
Non-Judicial Officers | Registrars, Deputy Registrars, Mediators, Court Experts, Listing staff. |
Office Holder | A person who has authority to bring a proceeding in the name of the office held by the person rather than in the name of the individual themselves. For example, the Commissioner of Police or a Minister. |
Pleadings | Is a formal statement of a cause of an action or defence. A generic statement encompassing Statement of Claim, Defence, Reply and Response lodgement types. |
Practitioner Code | A unique code that is issued to an individual legal practitioner by the Law Society of South Australia. |
Presiding Officers | Includes Judicial officers and non-judicial officers hearing a matter |
Registry | The business office of the court where you go to file your claim, defence and any other documents (when unable to facilitate via the CourtSA portal). The registry will inform you when the court will hear your matter and they will also be able to help you with any questions you have about the court process. |
Subpoena | A writ issued by a court ordering a person, with penalty for non-compliance, to come before it to give evidence or to produce relevant documents. |
Suitors Fund | A bank account that is separate from the Court’s collection account, where money is held in trust on behalf of parties in an unfinalised matter, earning interest at a rate set by the Department of Treasury & Finance, until there is a Court order or by direction of the Registrar, to action a payment out. |
Suppression Order | An order made under the Evidence Act 1929 restricting the publication of case details or information. |
Under oath | A witness having sworn to tell the truth. This can be done by swearing on a bible, Koran etc. Or by secular affirmation. |
Term | Description |
---|---|
Active charge | A charge that is still going and has not been finalised. |
Affidavit | A written statement confirmed by oath or affirmation, for use as evidence in court. |
Bail | An agreement in which you make an undertaking to be present through the proceedings and to comply with conditions. |
Body Corporate | A separate legal entity (other than a natural person) that has a legal existence. |
Breach | When someone does not obey an order of the court. |
Care and Protection | A type of matter brought under the Children and Young People (Safety) Act 2017. |
Charge | The offence you are alleged to have committed. |
Committal hearing | A hearing held in the Magistrates Court to determine if there is sufficient evidence for an accused person to be committed to a higher court for trial. |
Discovery | (before a hearing or trial) the production by one party, at the request of the other, of a list all documents currently or formerly in the party’s possession relating to the case. |
DPP | Director of Public Prosecutions. |
Duty solicitor | A solicitor rostered to attend a court in order to advise or represent persons without legal representation due to appear in court that day. |
Exhibit | A document or thing that is referred to in an affidavit or statutory declaration. It may be evidence tendered in court. Formerly referred to as ‘Annexures’ in some jurisdictions. |
Filing Date | The date the document is accepted as part of the Court record. |
Fines Enforcement and Recovery Unit | An office of the Attorney-General’s Department managing new and overdue fines and debts issued by government agencies across South Australia. |
First appearance | The first time a matter appears in court. |
General Jurisdiction | Applications that fall within the criminal area of the court. |
Guarantor | One who gives a guarantee; a surety. |
Hearing type – Judgment hearing | A hearing to deliver reasons for judgment and to consider other orders such as costs. |
Inactive charge | A charge that is no longer active. |
Individual | A person who holds a position within an organisation and brings proceeding in that capacity. For example, a Public Officer, Chief Executive or Investigator. |
Informant | The person, organisation or agency that lodges the Information and/or summons. |
Information | A formal document that details the charge or charges brought against a person, where the person is suspected of having committed an offence. |
Jurisdiction | The authority of the court to decide matters before it. |
Law Code | The section and act that the offence falls under. |
Law Firm Code | A unique code that is issued to a Law Firm by the Law Society of South Australia. |
Offence Date | The date on which the offence took place. |
Office Holder | A person who has authority to bring a proceeding in the name of the office held by the person rather than in the name of the individual themselves. For example, the Commissioner of Police or a Minister. |
Practitioner Code | A unique code that is issued to an individual legal practitioner by the Law Society of South Australia. |
Pre-trial conference | A hearing where the court hears what facts or legal issues are in dispute, where the possibility of dealing with the charge other than trial is explored and if a trial is to be set the length of the trial is estimated. |
Record of Outcome | A record of what happened at the court hearing. |
Related Case | Any case that has been linked to another case. If the case moves jurisdictions, gets committed or appealed there will be a related case. |
Special jurisdiction | Applications that do not fall within the general jurisdiction. |
Subpoena | A writ issued by a court ordering a person, with penalty for non-compliance, to come before it to give evidence or to produce relevant documents. |
Summons | A document notifying a person of a court hearing on a specified date. |
Suppression Order | An order made under the Evidence Act 1929 restricting the publication of case details or information. |
Surety | Security for the fulfilment of an obligation, eg. in criminal proceedings, the release of a prisoner from legal custody, into the custody of persons acting as sureties, undertaking to produce the prisoner to the court at a later date or forfeit the security deposited as a condition of the release. |
Under oath | A witness having sworn to tell the truth. This can be done by swearing on a bible, Koran etc. Or by secular affirmation. |
Warrant | Written authority to do some act, eg to carry out a search or make an arrest. Bench warrant – used for non-appearance of a prisoner on bail and authorises their arrest and appearance before the court. |
Youth Court case | Applications that fall within the Youth Court. |
Term | Description |
---|---|
Administration | This is the process of collecting the assets, paying the debts and distributing the balance of a deceased’s estate according to the will of a deceased person. If there is no will, or the will does not dispose of the deceased’s estate in whole or in part, then the undisposed of estate is distributed in accordance with the rules of intestacy. |
Administrator | A person appointed by the Court to administer the estate of a deceased person when a person dies intestate, or when an executor is not appointed by will, or when the executor does not or cannot act. |
Affidavit | A written statement confirmed by oath or affirmation, for use as evidence in court. |
Body Corporate | A separate legal entity (other than a natural person) that has a legal existence. |
Executor | A person appointed by will to administer the estate of a deceased person. |
Grant of representation (“GRANT”) | A certificate issued under seal by the Court appointing an administrator, or authenticating the right of an executor, to administer the estate of a deceased person and vesting title to assets in the executor or the administrator. |
Individual | A person who holds a position within an organisation and brings proceeding in that capacity. For example, a Public Officer, Chief Executive or Investigator. |
Intestate | A person dying without a will or a valid will. A person is said to die partially intestate when a will does not dispose of the whole of the deceased’s assets. For example, the will may only appoint an executor or dispose of part only of the deceased’s assets; see administration. |
Law Firm Code | A unique code that is issued to a Law Firm by the Law Society of South Australia. |
Letters of administration | A grant by the Court appointing an administrator to administer the estate of a deceased person. |
Letters of administration with the will annexed | A grant by the Court appointing an administrator when there is a will but no executor or when the executor does not or cannot act. |
Office Holder | A person who has authority to bring a proceeding in the name of the office held by the person rather than in the name of the individual themselves. For example, the Commissioner of Police or a Minister. |
Personal applicant | A person who seeks to obtain a grant without the intervention of a practitioner. |
Personal representative | An executor or administrator |
Practitioner Code | A unique code that is issued to an individual legal practitioner by the Law Society of South Australia. |
Probate | A grant by the Court certifying that the deceased’s will is valid or “proved” and that authority to administer the estate has been granted to the executor. |
Probate case | Applications that fall within the probate area of the court. |
Will | A document whereby a testator disposes of the testator’s property on death and usually appointing an executor to administer the estate. |