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Daily care and control of a child
The day to day maintenance, training, and advancement of a child by an adult.The child does not actually have to be in the custody of the adult.
Damage
In tort, loss or injury suffered by a plaintiff as the foreseeable consequence of a defendant's negligent act or omission. In the case of physical injury, both the injury itself and other foreseeable consequences suffered by the plaintiff are considered to be damage for which damages are payable.
Damages
1.Compensation for damage suffered; a sum of money awarded by court which places the plaintiff in the position he or she would have occupied had the legal wrong not occurred.
2.In contract law, the implied obligation to make compensation where there is a failure to discharge a primary contractual obligation. The party not in breach is entitled to recover damages where a breach of contract occurs. The objective in contract law is to place the plaintiff in the position which he or she would have occupied had the defendant performed the obligation breached.
De bonis non
Latin - of goods not administered. Refers to a grant of administration for the unadministered part of a deceased estate and applies when an executor or an administrator has partially completed administering an estate and then dies or becomes otherwise incapable of completing outstanding administration duties, so that the court then appoints a substitute administrator to complete the administration of the estate. Shorthand for administration de bonis non administratis.
De facto
Latin - in fact. A phrase describing a situation which is accepted for all practical purposes but is not strictly legal or correct. In family law, the term describes a relationship bearing the hallmarks of a marriage but which has not been formalised through a ceremony of marriage.
De facto relationship
A relationship between a man and a woman who although not legally married to one another live as a husband and wife in a bona fide domestic relationship.
De jure
Latin - by law.
De minimis non curat lex
Latin - the law is unconcerned with insignificant matters. In the performance of contracts, the rule allows minute failures and insignificant defects in performance to be excused.
De novo
Latin - anew. A matter heard de novo is heard over again from the beginning. The body conducting the hearing de novo is not confined to the evidence or materials which were presented in the original hearing. It 'stands in the shoes' of the original decision-maker, and makes the decision again.
De son tort
French - by his own wrong. An executor de son tort (wrongful executor) is a person who without proper authority acts in the capacity of an executor or administrator in relation to the estate of a deceased person. A single act is usually not sufficient for a person to be an executor de son tort, but selling the deceased's property or collecting the deceased's debts are sufficient. An executor de son tort is subject to the same liabilities as an ordinary executor in respect of the assets with which he or she has intermeddled, but acquires no interest or title in the property and has none of the privileges or benefits of the ordinary executor.
Death
An irreversible cessation of all functions of a person's brain, or an irreversible cessation of circulation of blood in the person's body. Once a person dies, a death certificate must be signed by a doctor and the particulars of death registered with the Registrar of Births, Deaths and Marriages. For succession purposes, the fact of death must be established before proving a will or administration of a deceased estate can proceed. Where there is no corpse, the presumption of death may be raised to obtain a grant of representation for management of the person's estate, which may be revoked should the person later turn up alive.
Declaration of trust
The manifestation of an intention to create a trust, by the creator of that trust, declaring that he or she holds property as trustee for another. A declaration relating to an interest in land must be in writing.
Decree
Latin - decretum - decision of the emperor as judge. An order of a court made after due consideration of a case. The term 'decree' was originally used to describe the decision of a court of equity but the term 'judgment' is now used to describe the decision of any court. However, the term 'decree' is still used in certain family law proceedings.
Decree absolute
In family law, a final order in relation to the dissolution of a marriage, made by the Family Court of Australia. Upon a successful divorce application the court initially grants a decree nisi or provisional order which automatically becomes absolute unless cause be shown against it. Generally the decree becomes absolute one month later or, in special circumstances, at such other time as the court orders. A court may not grant a decree absolute unless it is satisfied that proper arrangements have been made for any children of the marriage, or exceptional circumstances exist.
Decree nisi
A provisional decree which will be made absolute unless cause is shown against it. In family law, a decree granted in the first instance to dissolve a marriage. A marriage is not legally terminated until the decree becomes absolute. In general, a decree nisi becomes absolute one month after the making of the decree. A decree nisi may be rescinded before becoming absolute where the parties have become reconciled or there has been a miscarriage of justice.
Deed
A written document used to record an agreement. Common examples are settlements, conveyances and mortgages.
Deed by gift
A deed which conveys property from one party to another without any corresponding exchange of consideration ie money or other property.
Deed poll
A deed made by one party. Devastavit
A breach of a personal representative duty which brings about the loss of value of the assets in an estate.
Direct tax
A tax which places a burden on the person formally liable to pay.
Discharged bankrupt
A person who was formerly a bankrupt but is no longer so either because of a court order or by operation of law.
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