Terminology

Click on the letters below to quickly find the term you're searching for:

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A

Arbitration

Is a formal dispute resolution process in which two or more parties refer their dispute to an independent third person (the arbitrator) for determination. The decision of the arbitrator is enforceable in the same way as a court judgement.

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C

Conciliation

Is a process where parties in a dispute with the help of a neutral third party (the conciliator), identify the issues in dispute, develop opinions, consider other avenues and try and reach an agreement. The conciliators decisions are not binding as he or she has an advisory role.

Contract

A contract is a legally binding agreement between two or more persons. It can be oral or written but it must contain the following three elements:

1. An offer- offer to pay a price or offer to give something or do something

2. An acceptance-the acceptance may be in words or action

3. Consideration- this is value (usually money) that are given in return for goods or services.

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M

Mediation

Is a confidential conference where all the participants attend to resolve the dispute between them. The negotiation is non-binding but it has a proven success rate.

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N

Negotiation

Negotiation is a procedure through which a solution to a problem is developed and through which disputes are managed.

Noise abatement order

This is a court issued order to stop offensive noise or to prevent offensive noise from recurring.

Nuisance

A legal nuisance means that there is a substantial, unreasonable and repeated or ongoing interference with the use or enjoyment of a neighbour’s land.

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R

Rate in arrears

To be in arrears is to be behind or late in the fulfilment of a duty, promise or obligation, eg a debt that is late or unpaid.

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T

Tree Preservation Order

A Tree Preservation order requires consent for actions that are likely to adversely affect the health of trees or the landscape character of the area.

Trespass

A trespass occurs when there is interference with another’s exclusive possession of property, regardless of whether any damage had been done.

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If you need more information or assistance with dealing with a neighbourhood dispute. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.