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Uncertainty or doubt in the meaning of the parties' language in a Contract or documents forming part of a Contract. The Contract may provide that the meaning is resolved by the Superintendent under the Contract or by an order of precedence in the Contract.

The process of allocating or reducing the value of something over a period of time in a similar fashion to depreciation. Payments under a loan contract generally represent both an interest payment and a repayment of the principal amount. The reduction of the principal amount is said to be the amortisation of the loan.

A key Tenant, which generally attracts other parties to enter into Leases in the same or neighbouring area. For example, a large supermarket chain taking a lease in a shopping centre may be an anchor tenant because the supermarket's tenancy would induce other retailers to also take up Leases in the centre.

A Default under a Contract because it is apparent that a party will not be able to perform its obligations under the Contract. For example, an anticipatory breach may occur at a time when it becomes clear that a Builder cannot achieve Practical Completion by the Date for Practical Completion.

An approval includes a consent, licence, permit, authorisation, lodgement, filing, agreement, certificate, permission, direction, authority, approval or exemption. Approval may be provided under the Contract by a party to the Contract or a third party such as the Superintendent or an Authority, or Consent Authority.

A bond issued to the Principal by a Financier at the request of a Contractor to secure any Advance Payment made by the Principal. Also known as a 'pre-payment bond'.

An alternative dispute resolution process, usually agreed to by the parties by way of an arbitration clause in a Contract, for resolving a dispute in a private tribunal. In comparison to litigation, the parties have some control over the arbitration process such as the choice of arbitrator. Arbitration is a more informal private proceeding which is not reported and made available in the public domain. Arbitrations may be subject to the uniform arbitration legislation of each state. Arbitral determinations may be enforced through local and international courts.

Dispossessing the true owner of land of their title by acts inconsistent with the owner's intended use (such as fencing the land and paying the rates). An adverse possessor may become the registered proprietor of the dispossessed land in circumstances where the true owner fails to assert his or her claim to the land after a certain period.

An agreement between parties to resolve present or future legal disputes, whether contractual or otherwise, by Arbitration. The agreement defines the process of Arbitration, the appointment of an Arbitrator and the rights of the parties.

A written statement of a person that supports a legal position or is used in place of oral testimony in legal proceedings. An affidavit may be sworn (if made on oath on the bible) or affirmed (in any other case). A person who swears or affirms an affidavit is known as a deponent. There are various procedural rules governing how an affidavit should be set out before it is filed in legal proceedings.