ACT Parliamentary Counsel’s Office
Words and
Phrases
A Guide to Plain
Legal Language
October 2006
The ACT Parliamentary Counsel’s Office has endeavoured to ensure that the material in this
guide is as accurate as possible.
If you believe that this guide contains copyrighted work in a way that constitutes a copyright
infringement, or if you are a copyright owner who is not appropriately acknowledged in this
guide, please tell us so that we can make the necessary corrections.
Contents
Page
Some thoughts
v
How to use this Guide
vii
Classification of entries
xv
References
Alphabetical list of words and phrases
Use of figures
xxv
A–Z
Other–1
Words and Phrases: A Guide to Plain Legal Language
October 2006
iii
Some thoughts
‘Make everything as simple as possible—but no more simple than that.’
Albert Einstein
‘(L)aws are not abstract propositions. They are expressions of policy arising out of
specific situations and addressed to the attainment of particular ends.’
Justice Felix Frankfurter
‘The main aim of communication is clarity and simplicity. Usually they go together—
but not always.
‘Communication is always understood in the context and experience of the receiver—not matter what was intended.
‘If unnecessary things add to clarity or simplicity they should be retained.’
Edward De Bono
‘Legislation should be written so that it is feasible for the ordinary person of ordinary
intelligence and ordinary education to have a reasonable expectation of understanding
and comprehending legislation and of getting the answers to the questions he or she
has.
‘We need to balance two important principles. The first is that clarity of language
should be an aim in itself, so that the ordinary person can have a reasonable
expectation of being able to comprehend legislation. The second is that the clarity of
the language should enhance and not detract from the legal policy and the substance of
the legislation. In the end result, clarity of language should assist with the
development and formulation of legislative policy.’
Dennis Murphy QC
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October 2006
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How to use this guide
The entries
Words and phrases are listed in alphabetical order and cross-referenced to other entries
if appropriate.
How entries are arranged
Entries are listed in alphabetical order arranged on a letter-by-letter basis.
In a letter-by-letter arrangement, spaces are ignored in entries consisting of 2 or more
words. For example:
all
all and every
all and singular
allay
allege
...
all ... not
allocate
all of
allowed
(ie allande...)
(ie allands...)
(ie allay)
(ie alle...)
(ie alln...)
(ie alloc...)
(ie allof)
(ie allow...).
If a phrase contains 2 or more alternative words, only the first alternative is taken into
account in working out the order of entries. For example, in the following phrases the
second alternative ‘are’ is disregarded:
is/are not to
is/or
is/are required to
(ie isn...)
(ie iso...)
(ie isr...).
What each entry consists of
Each main entry contains a usage recommendation and suggested alternatives.
Suggested alternative words and phrases appear in italic type. Some suggested
alternatives have an arrow before them (eg ►remove as a suggested alternative for
abate). This means there is an entry for the suggested alternative and a hyperlink to
that word. Check this entry before using the alternative.
Additional information, examples of change and no change and references to relevant
texts are also included in many entries. In an entry containing an example of change,
the changed words are struck through (eg abated) and the alternative words are
underlined (eg reduced).
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How to use this guide
Usage recommendations
There are 3 recommendations for usage:
 never use
 avoid using
 consider alternatives before using
 never use
Practice The word or phrase must never be used.
Example
aforementioned

usage—never use
try—recasting / omitting
extra information
archaism
further reading
Butterworths Legal Dictionary p 36
Cutts p 27
Fowler’s English Usage p 32 (afore-)
Garner’s Dictionary pp 37 (aforesaid; aforementioned) , 366 (forbidden words and phrases—A
generally useless words and phrases)
Garner’s Legal Style p 101
Garner’s Redbook pp 161, 162
Gowers’ Plain Words p 202
Howard’s Guide p 12
Howard’s Handbook p 12 (aforementioned/aforesaid)
Longman English Usage p 630 (said)
Mellinkoff’s Dictionary p 19 (afore-)
 avoid using
Practice If possible, avoid using the word or phrase.
Example
emolument

usage—never use
try—bonus / pay / wages / salary / remuneration / earnings / money / income /
salary and allowances
extra information
formal word
Words and Phrases: A Guide to Plain Legal Language
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How to use this guide
example of change
The emolument she received for The income from her part-time work were was not
large.
further reading
Butterworths Legal Dictionary p 413
Fowler’s English Usage p 309 (formal words)
Garner’s Dictionary p 370 (formal words)
Gowers’ Plain Words p 223 (emoluments)
Howard’s Guide pp 306-7 (pay, salary, wages, remuneration, stipend or emoluments)
 consider alternatives before using
Practice Before using the word or phrase, consider the alternatives. The alternatives
are generally preferred, but always consider whether they are appropriate. Some entries
include the option of omitting the word in question. Prefer brevity and omit the word
or phrase if the meaning remains the same. ‘No change’ may be given as an option, but
do this only if the alternative words are inappropriate.
Examples
abate

usage—consider alternatives before using
try—end / stop / diminish / reduce / remove / recasting (eg become less
intense/widespread) / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
The storm suddenly abated.
examples of change
1 If the fund out of which general legacies are payable is insufficient, the legacies
are abated reduced proportionately.
2 The company took prompt action to abate remove the nuisance caused by the
smoke emissions.
3 The proceeding abated ended on the plaintiff’s death.
further reading
Black’s Law Dictionary p 3 (abatement)
Butterworths Legal Dictionary p 2 (abatement; abatement of criminal proceedings; abatement of
legacies; abatement of nuisance; abatement of purchase money)
Garner’s Dictionary p 4
Mellinkoff’s Dictionary p 2 (abate, abatement of an action, abatement of legacies; abatement of
nuisance, abatement of taxes)
New Oxford Dictionary p 2
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How to use this guide
acting
[in an office]

usage—consider alternatives before using
try—omitting / no change
extra information
1 It is usually unnecessary to refer to the person acting in an office—see LA s 185
and s 220.
2 Omit if appropriate.
examples of no change
1 a broker or other person acting for a licensed insurer
2 I, Minister for ABC, acting under the XYZ Act, section 10 …
examples of change
1 assessor includes a person acting as assessor
2 agent acting for …
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October 2006
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Classification of Entries
Many entries are classified in the ‘Additional Information’ section of the entry into
broad groups, eg formal words and archaisms.
This part of the guide gives an explanation of the classifications and examples.
Archaisms
Rule
Avoid using archaisms. Prefer a modern alternative.
Explanation
Archaisms are old-fashioned words and expressions that are no longer used in ordinary
speech and writing.
Archaisms are often used to achieve a legalistic and formal style. However, they are
not necessary and can always be readily replaced.
Examples
aforementioned
aforesaid
albeit
beforementioned
belowmentioned
chattels
foregoing
forth
henceforth
henceforward
hereafter
hereby
herein
hereinafter
hereinbefore
hereof
hereto
heretofore
hereunder
hereunto
herewith
hitherto
howsoever
in lieu of
relict
therewith
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Classification of Entries
Further reading
Cambridge Style Guide p 57
Cutts pp 22, 77-8
Fowler’s English Usage pp 65-6
Garner’s Dictionary p 74
Garner’s Legal Style pp 182–4
Longman English Usage pp 54-5
Partridge pp 31-6
Commercialese
Rule
Avoid using commercialese. Prefer plain language.
Explanation
Commercialese is the complex style of writing often found in older business
documents, particularly correspondence. It sounds stilted and old-fashioned because it
often uses many words and Latin abbreviations. Replace it with polite, but plain
language.
Examples
advise
at your earliest convenience
enclosed please find
inst.
please find enclosed
prox.
same
ult.
undersigned
Further reading
Cambridge Style Guide p 149
Fowler’s English Usage p 163
Gowers’ Plain Words pp 16–17
Partridge pp 216-18 (officialese, journalese and commercialese)
Working Words p 122
Compound prepositions
Rule
Use the simplest, appropriate preposition.
Explanation
A compound preposition is a preposition consisting of 1 or more elements, eg because
of and in the event of.
A simple preposition consists of only 1 element, eg about, above, after, as, at,
between, by, for, from, in, into, of, off, on, over, since, than, to, under, up, with and
without.
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Classification of Entries
Some compound prepositions have simpler alternatives (either a simple preposition or
a shorter compound preposition) and can be readily replaced. Use of these compounds
is rarely justified.
Other compound prepositions are entirely satisfactory (eg because of) or have useful
roles in some contexts. Because of their lack of precision, compound prepositions can
be especially useful in drafting to describe a relationship between concepts in the
widest terms. However, frequently compound prepositions are unnecessary and are
only clumsy devices applied mechanically without thought. Before using a compound
preposition, always consider whether a simpler preposition would do.
Examples of compound prepositions with ready alternatives
as a consequence of
in connection with
as regards
in excess of
as to
in favour of
by means of
in order that/to
by virtue of
in regard to
for the purpose/purposes of
in respect of
for the reason that
in terms of
for which (there is)
in the absence of
in accordance with
in the affirmative
in addition to
in the case of
in as much as
in the context of
in association with
in the course of
in case of
in the event that/of
in conjunction with
in the nature of
Example of compound preposition to be used with care
in relation to
Further reading
Fowler’s English Usage p 167
Gowers’ Plain Words pp 54–7
Dogmatic words
Rule
Avoid the unjustified use of dogmatic words.
Explanation
Legal writing suffers from two contradictory vices. On the one hand, lawyers
overqualify, and sound timid and doubtful or even evasive (see Timid phrases). On the
other hand, lawyers overuse dogmatic words such as clearly, obviously and
undoubtedly.
Used properly, dogmatic words are intensifiers. They reinforce the impact of other
words by emphasising the writer’s conviction about them. They are, however, often
used unnecessarily or inappropriately.
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Classification of Entries
Dogmatic words should be reserved for cases where their use is necessary and beyond
contention. For example, clearly should be reserved for what is truly clear. If a
dogmatic word is used to prop up an argument (especially a weak one), the word
becomes a weasel word (see Weasel words). Rather than supporting the argument, the
would-be intensifier destroys its force by obvious exaggeration.
Examples
actually
certainly
clearly
definitely
incontestably
inevitably
necessarily
obviously
quite
really
surely
undeniably
undoubtedly
Further reading
Garner’s Legal Style pp 32, 36–7, 188–90
Gowers’ Plain Words pp 53–4
Doublets, triplets and synonym-strings
Rule
Avoid using doublets, triplets and longer synonym strings. Prefer the most specific
suitable word.
Explanation
A doublet or triplet is a collection of 2 or 3 synonyms that express what can be said by
1 word. Doublets and triplets reflect the diverse sources of the English language and
the resulting availability of synonyms (and near synonyms), drawn from different
sources, for many ideas. According to Garner, there are several reasons why doublets
and triplets have become part of legal language:
•
the language of the law originated in the more leisurely prose of past times
•
English oral tradition led to the use of repetition to allow listeners time to
understand the speaker’s point
•
unfamiliar words could be given meaning by using them with 1 or more
synonyms
•
lawyers seem to have a natural distrust of their ability to fully convey the
intended meaning using just a single word, and so often use a number of
synonyms in the hope of avoiding unintended meanings and potential
misinterpretation. (A verbal scattergun instead of a rifle shot.)
Doublets and triplets detract from precise, concise and specific meaning. In most cases,
a single word from a doublet or triplet will be enough to express the meaning given by
each word of the group. Occasionally, it may be necessary to use a doublet or triplet as
a term of art, eg aid and abet. However, these occasions are rare.
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Classification of Entries
Examples
all and singular
any and all
cease and determine
grant, bargain, sell and convey
give, devise and bequeath
hear and decide
if and when
pay, satisfy and discharge
possession, custody and control
way, shape or form
Further reading
Garner’s Dictionary pp 292–5
Garner’s Legal Style pp 187–8
Euphemisms
Rule
Avoid the unnecessary use of euphemisms. Use the most direct word if appropriate.
Explanation
The word euphemism comes from 2 Greek words meaning speaking nicely. A
euphemism is a vague, indirect word or phrase used to say something unpleasant in a
less direct or confronting way. Euphemisms are used in 3 ways:
•
to disguise harsh or disagreeable facts (eg correctional facility for prison)
•
to dress things up or add status to something (hair consultant for hairdresser)
•
as genteel substitutes for words considered to be indelicate (lavatory for toilet)
Euphemisms are generally not appropriate for legislation because of their tendency to
become dated.
Examples
ablution facilities
decease/deceased
demise (for death)
imbibe
inebriated
intoxicated
less than truthful
pass away
permanent layoff
predecease
revenue enhancement
Further reading
Cambridge Style Guide pp 256-7
Fowler’s English Usage pp 267-8
Garner’s Dictionary pp 330–1
Garner’s Legal Style pp 34–5
Gowers’ Plain Words pp 42–4
Howard’s Guide p 154
Longman English Usage p 254
Partridge pp 108-10
Right Words pp 143-4
Working Words p 212
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Classification of Entries
Foreign words and phrases
Rule
Avoid using foreign words. Write in English, not in Latin, Norman French or any other
foreign language.
Explanation
Foreign words that have not been fully absorbed into English are obscure and irritating
to readers who do not know the word or its meaning. They can be a sign of the writer’s
disregard for readers.
Technical legal expressions in Latin or Norman French are especially objectionable
(see Technical words). Their obscurity can prevent non-lawyers from arriving at even a
minimal understanding of the law.
Foreign words are sometimes used as a substitute for proper reasoning and to cloak an
unjustified assumption with figleaf respectability. Their misuse can lead to the
embarrassment of the pretentious blunder.
Foreign words usually have an English equivalent that can be readily substituted. If
possible, use the English equivalent.
Examples
ab initio
ad hoc
ad idem
bona fide
ceteris paribus
de novo
ex officio
force majeure
in camera
in loco parentis
in personam
in rem
in situ
Further reading
Cutts pp 37-9
Garner’s Legal Style pp 3–4, 185–7
Gowers’ Plain Words pp 16, 74–5
Howard’s Guide pp 173, 239 (Latinisms)
Longman English Usage pp 288-9, 405 (Latinisms)
Right words pp 160-1
Legalese
Rule
Avoid using legalese. Prefer plain language.
Explanation
Legalese is the complicated, technical language and complex style of writing used in
older legal documents. The reason for using legalese seems to be that it is believed to
Words and Phrases: A Guide to Plain Legal Language
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Classification of Entries
result in certainty. However, this is not always the case. Using legalese often makes
documents incomprehensible—not only to non-lawyers, but often to lawyers as well.
Examples
as appropriate
as the case requires
body corporate
call in question
derogate
except as otherwise provided
in pursuance of
said
same
semble
several
subject of
time is of the essence
unless the contrary intention appears
wherever occurring
without limiting the generality of
Further reading
Cutts pp 140-7 (lucid legal language)
Fowler’s English Usage pp 448–9
Garner’s Dictionary p 516
Garner’s Legal Style pp 182–90
Gowers’ Plain Words pp 6–7, 71–4
Howard’s Guide p 242 (legal English)
Padding
Rule
Do not use throat-clearing phrases, flotsam phrases or other padding. Write simply and
directly.
Explanation
Padding is using woolly words, phrases and even sentences that contribute nothing to
the reader’s understanding of the writer’s meaning. Much padding is the oral
equivalent of throat-clearing—an opening flourish before the writer gets down to
saying what he or she wants to say.
Other padding consists of the standard flotsam phrases (eg the fact that) that float idly
in a sentence without carrying any meaning. Often using padding comes partly from an
exaggerated feeling that wordiness is an ingredient of politeness, and that a blunt
statement is crude, if not rude.
Padding can usually be left out or replaced by simpler words. Eliminating padding
helps develop a simpler, more direct writing style.
Examples
I can say that …
I note that …
I observe that …
I should point out that …
In addition, it is perhaps relevant to
point out that …
In my (considered) opinion, …
In terms of …
In the circumstances, …
In the first instance, …
In this connection/regard, …
It is also important to bear in mind …
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Classification of Entries
It is appreciated that …
It is important to note that …
It is interesting that …
It is of significance that …
It is/should be noted that …
It may be recalled that …
It may be stated with some confidence
…
It seems …
It should be appreciated that …
It should be pointed out that …
It should not be forgotten that …
My sense is that …
of course
on a … basis
the fact that
Further reading
Garner’s Legal Style pp 55–7
Gowers’ Plain words pp 65–9
Technical words
Rule
Avoid using technical words. Explain any technical words that are necessary.
Explanation
Legal and other technical words are obscure and irritating to readers who do not know
the words or their meaning. They can be a sign of the writer’s disregard for the reader.
Technical legal expressions in Latin or Norman French are especially objectionable
(see Foreign words and phrases).
Some legal expressions have no special legal meaning. They are either pomposities
that have a non-technical, English equivalent, or expressions of imprecise meaning
whose use merely provides a delusion of certainty. Before using a legal expression,
decide whether it is either of these kinds.
Substitution of a non-technical equivalent for a legal or other expression may not, of
itself, provide an appropriate solution. Your readers may be misled into believing that
they understand the non-technical equivalent. If a technical expression is necessary,
consider providing a brief, plain English explanation of its meaning using a textual
note, footnote or explanatory provision.
Examples
chose in action
in personam
in rem
Further reading
Cambridge Style Guide p 741 (technologese)
Cutts p 21
Garner’s Legal Style p 185–7
Gowers’ Plain Words pp 6–7, 71–2, 178–81
Law Words 1995
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Classification of Entries
Timid phrases
Rule
Avoid timid phrases. Prefer direct, confident words.
Explanation
Timid phrases are phrases like it seems or on the one hand [ … but on the other].
Timid phrases are an example of weasel words. They suggest timidity or doubt or, if
used excessively, evasion. Strike out timid phrases and, if necessary, substitute direct,
confident words.
If you need to express an opinion, say clearly that it is your opinion, eg it seems to me.
If a statement needs to be qualified, state the qualification clearly.
Examples
at least as far as … is/are concerned
it is (respectfully) suggested
it is apprehended that
it seems
it appears that
it would appear that
it might be said that
on the one hand … but on the other
Further reading
Garner’s Legal Style pp 32, 35–6
Weasel words
Rule
Avoid weasel words.
Explanation
Webster’s Third New International Dictionary (Vol. III, p 2590) defines ‘weasel word’
in the following way:
weasel word n [ weasel = word; fr. the weasel’s reputed habit of sucking
the contents out of an egg [while] leaving the shell superficially intact]: a
word that destroys the force of a statement by equivocal qualification ... : a
word used in order to evade or retreat from a direct or forthright statement
or position weasel words are the adman’s way of crossing his fingers behind
his back when he makes a somewhat elastic statement - Robert Littell.
The Reader’s Digest Reverse Dictionary (pp 764–765) defines ‘weasel words’ as
... unreliable words or expressions, as in We will use our best endeavours,
suggesting yet evading a promise or commitment [referring to eggs that
when sucked dry by weasels keep their shape but are drained of their
content].
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Classification of Entries
Lawyers are notorious for qualifying every statement they make with weasel words.
Weasel words are also dealt with under Dogmatic words and Timid phrases.
Examples
compelling
if practicable
meaningful
rather
reasonable
relatively
seems
Further reading
Garner’s Dictionary p 926
Garner’s Legal Style pp 36, 123, 129, 144, 192
Howard’s Guide p 407
Words and Phrases: A Guide to Plain Legal Language
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significant
somewhat
sort of
substantial
unduly
very
virtually
References
Asprey
Asprey, Michèle M (2003) Plain Language for
Lawyers, 3rd ed, Federation Press, Sydney
Black’s Law Dictionary
Garner, Bryan (ed.) (2004) Black’s Law
Dictionary, 8th ed, West Publishing Co, St
Paul Minnesota
Blamires’ Common Errors
Blamires, Harry (1997) The Cassell Guide to
Common Errors in English, Cassell, London
Blamires’ Plain English
Blamires, Harry (2000) The Penguin Guide to
Plain English, Penguin Books, London
Blamires’ Queen’s English
Blamires, Harry (1994) The Queen’s English
Bloomsbury Publishing, London
Bryson’s Mother Tongue
Bryson, Bill (1990) Mother Tongue: The
English Language, Penguin Books, London
Bryson’s Troublesome Words Bryson, Bill (2002) Troublesome Words,
3rd ed, Penguin Books, London
Butterworths Legal
Dictionary
Nygh, Peter and Butt, Peter (gen eds) (1997)
Butterworths Australian Legal Dictionary,
Butterworths, Sydney
Cambridge Style Guide
Peters, Pam (1995) The Cambridge Australian
English Style Guide, Cambridge University
Press, Cambridge
Crystal
Crystal, David (2000) Who Cares about
English Usage? 2nd ed, Penguin Books,
London
Cutts, Martin (1995) The Plain English Guide,
Oxford University Press, Oxford
Cutts
Cwlth OPC Plain English
Office of Parliamentary Counsel, Plain English
Manual, Canberra
Cwlth Style Manual
Style Manual for authors, editors and printers
(2002) 6th ed, John Wiley & Sons Australia,
Canberra
Words and Phrases: A Guide to Plain Legal Language
October 2006
xxi
References
Dick
Dick, Robert C (1995) Legal Drafting in Plain
Language, 3rd ed, Carswell, Scarborough
Ontario
Dickerson
Dickerson, Reed (1965) The Fundamentals of
Legal Drafting, Little, Brown & Co, Boston
Drafting Practice Guide
Parliamentary Counsel’s Office, Drafting
Practice Guide, Canberra
Evans
Evans, Richard (1998) Lawful Expressions, Law
Press, Melbourne
Fowler’s English Usage
Burchfield, RW (ed) (2000) The New Fowler’s
Modern English Usage, 3rd rev ed, Oxford
University Press, New York
Funk
Funk, Wilfred (1950), Word Origins: An
Exploration and History of Words and
Language, Wing Books, New York
Garner’s Dictionary
Garner, Bryan A (1995) A Dictionary of
Modern Legal Usage, 2nd ed, Oxford
University Press, New York
Garner’s Legal Style
Garner, Bryan A (1991) The Elements of Legal
Style, Oxford University Press, New York
Garner’s Redbook
Garner, Bryan A. (2003) The Redbook; a
Manual on Legal Style, Westgroup
Gowers’ Plain Words
Gowers, Ernest (1987) The Complete Plain
Words, 3rd ed, revised by Sidney Greenbaum
and Janet Whitcut, Penguin Books, London
Howard’s Guide
Howard, Godfrey (1993) The Good English
Guide, Macmillan Reference Books, London
Howard’s Handbook
Howard, Godfrey (1997) The Macmillan Good
English Handbook, Macmillan Publishers Ltd,
London
Hudson
Hudson, Nicholas (1997) Modern Australian
Usage, 2nd ed, Oxford University Press
Melbourne
Words and Phrases: A Guide to Plain Legal Language
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xxii
References
Jowitt’s Dictionary
Burke, J (ed) (1977) Jowitt’s Dictionary of
English Law, 2nd ed, Sweet and Maxwell,
London
LA
Legislation Act 2001
Law Words 1995
Centre for Plain Legal Language (1995) Law
Words: 30 Essays on Legal Words & Phrases
Longman English Grammar
Alexander, LG (2000) 3rd ed, Longman
English Grammar, Longman, London
Longman English Usage
Greenbaum, Sidney and Whitcut, Janet (1988)
Longman Guide to English Usage, Penguin
Books, England
Macquarie Dictionary
The Macquarie Dictionary (1997) 3rd ed, The
Macquarie Library, Macquarie University New
South Wales
Mellinkoff’s Dictionary
Mellinkoff, David (1992) Mellinkoff’s
Dictionary of American Legal Usage, West
Publishing Co, St Paul Minnesota
New Oxford Dictionary
Pearsall, Judy (ed) (1998) The New Oxford
Dictionary of English, Clarendon Press,
Oxford
NZ Legislation Manual
Law Commission (1996) Legislation Manual:
Structure and Style, Wellington New Zealand
Oxford English Usage
Weiner, ESC and Delahunty, Andrew (eds)
(1993) The Oxford Guide to English Usage,
Oxford University Press, Oxford
Partridge
Partridge, Eric (1999) Usage and Abusage, 3rd
ed, Janet Whitcut (ed), Penguin Books,
England
Pearce and Geddes
Pearce, DC and Geddes, RS (2006) Statutory
Interpretation in Australia, 6th ed,
Butterworths, Sydney
Piesse
Aitken JK (1995) Piesse: The Elements of
Drafting, 9th ed, Law Book Co, Sydney
Words and Phrases: A Guide to Plain Legal Language
October 2006
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References
Random House Dictionary
The Random House Dictionary of the English
Language (1987) 2nd ed unabridged, Random
House, New York
Right Words
Murray-Smith, Stephen (1990) Right Words: A
Guide to English Usage in Australia, Penguin
Books Aust Ltd, Ringwood Vic
Spelling Guide
Parliamentary Counsel’s Office, Spelling,
Abbreviations and Symbols Guide, Canberra
Strunk and White
Strunk, William & White, EB (2000) The
Elements of Style, 4th ed, Allyn & Bacon,
Boston
Use the Right Word
Reader’s Digest Use the Right Word: Modern
Guide to Synonyms and Related Words (1969)
Reader’s Digest Assoc. Pty Ltd, Sydney
Working Words
Hughes, Barrie (ed) (1993) The Penguin
Working Words: An Australian Guide to
Modern English Usage, Penguin Books Aust
Ltd, Ringwood Vic
Wydick
Wydick, Richard C (1998) Plain Language for
Lawyers, 4th ed, Carolina Academic Press,
Durham North Carolina
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A
abate

usage—consider alternatives before using
try—end / stop / diminish / reduce / remove / recasting (eg become less
intense/widespread) / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
The storm suddenly abated.
examples of change
1 If the fund out of which general legacies are payable is insufficient, the legacies
are abated reduced proportionately.
2 The company took prompt action to abate remove the nuisance caused by the
smoke emissions.
3 The proceeding abated ended on the plaintiff’s death.
further reading
Black’s Law Dictionary p 3 (abatement)
Butterworths Legal Dictionary p 2 (abatement; abatement of criminal proceedings; abatement of
legacies; abatement of nuisance; abatement of purchase money)
Garner’s Dictionary p 4
Mellinkoff’s Dictionary p 2 (abate, abatement of an action, abatement of legacies; abatement of
nuisance, abatement of taxes)
New Oxford Dictionary p 2
abide

usage—avoid using if possible
try—live / stay / obey / accept / await / execute / perform / tolerate
extra information
archaism in most senses
example of change
1 Did you abide live there?
2 You must abide by obey the club’s rules.
further reading
Black’s Law Dictionary p 4 (abide; abide by)
Blamires’ Plain English p 117
Fowler’s English Usage p 4
Garner’s Dictionary p 5
Longman English Usage p 2
Partridge p 31
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–1
A
ab initio

usage—never use
try—from the start / from the beginning / omitting
extra information
1 foreign phrase
2 For the use of start and begin, see commence.
3 It is not necessary to say that something is void ab initio. The words ab initio are
redundant if the thing is void.
4 Use an alternative.
example of change
The contract was void ab initio.
further reading
Asprey pp 162, 220
Black’s Law Dictionary p 5 (ab initio)
Butterworths Legal Dictionary p 1
Evans p 116
Garner’s Dictionary pp 5–6 (ab initio; in initio), 919–20 (void ab initio)
Garner’s Legal Style p 186
Garner’s Redbook p 161
Mellinkoff’s Dictionary p 2 (ab initio; void ab initio; trespass ab initio)
able
see—is/are able to
ablution facilities

usage—never use
try—washbasin / bathroom / recasting
extra information
1 formal phrase
2 also euphemism with humorous overtones
3 Use an alternative.
example of change
A commercial kitchen must have ablution facilities a washbasin.
further reading
Fowler’s English Usage p 7 (ablution)
Longman English Usage p 4 (ablution(s))
New Oxford Dictionary p 4 (ablution)
Partridge pp 1-2, 103 (ablution; ablutions)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–2
A
abode

usage—avoid using if possible
try—home / house / residence / dwelling house / address / recasting (using,
eg place where the person lives / usually lives / resides)
extra information
1 formal word
2 If possible, use an alternative.
3 Some alternatives (eg home, house, residence and dwelling house) are not
appropriate for homeless people.
examples of change
1 Both defendants had no fixed abode address.
2 What is your usual place of abode? Where do you usually live? [or What is your
address?]
further reading
Black’s Law Dictionary p 5 (abode)
Butterworths Legal Dictionary p 3
Garner’s Dictionary pp 7 (abode, place of), 301 (dwelling house; dwelling; usual place of abode)
Longman English Usage p 5
New Oxford Dictionary p 4
Partridge p 103
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–3
A
above

usage—consider alternatives before using
try—over / ►exceed / ►greater than / heavier than / larger than / longer than /
more than / ►older than / taller than / omitting / recasting (using at least) / the
item previously mentioned / mentioned on the previous page / mentioned on
page ‘x’ / no change
extra information
1 informal word for more than, longer than etc
2 For describing quantities, weight, age etc, prefer an alternative. Generally, prefer
over, at least, or a more specific alternative, eg older than, to other alternatives.
3 Above also means on a higher level or in a higher position (than). Over means
directly above or across. In some contexts the meaning of the words is identical.
4 If referring to text mentioned earlier in a document, if possible specify the
location of the text in the document (so ‘see division 2.1.3’ rather than ‘see
above’).
examples of no change
1 above the ground
2 see the comments mentioned above [if not possible to specify their location
more precisely]
3 They lived above the shop.
examples of change
1 the above vehicle
2 above 6 at least 7 people
3 above for longer than the agreed term of 6 months
4 Our plane flew above over Sydney.
further reading
Asprey pp 124, 165, 220
Bryson’s Troublesome Words p 149 (over)
Fowler’s English Usage p 9
Garner’s Dictionary p 8
Howard’s Guide p 362 (see above and below)
Howard’s Handbook p 330 (see above and below)
Longman English Usage p 5
Partridge pp 2 (above and below), 2–4 (above and over; below and beneath and under)
Working Words p 7 (above/over)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–4
A
abovementioned /
abovelisted /
abovequoted

usage—never use
try—recasting
extra information
1 archaism
2 If referring to text mentioned earlier in a document, if possible specify the
location of the text in the document (so ‘see division 2.1.3’ rather than ‘see
above’).
example of change
the abovementioned officer mentioned above [or mentioned in section 4]
(see above)
further reading
Asprey pp 124, 220 (abovementioned)
Garner’s Dictionary pp 8–9 (above B; above-mentioned; above-quoted; above-styled; abovecaptioned)
Garner’s Legal Style p 100 (above-mentioned; above-listed)
Longman English Usage p 5 (above)
absence
see—in the absence of
abuts

usage—avoid using if possible
try—adjoins / is adjacent to / is next to / recasting
extra information
1 formal word
2 If possible, use an alternative.
see also—adjacent; adjoining
example of change
If the lots have a boundary abutting adjoining the same part of a road, …
further reading
Black’s Law Dictionary p 11 (abut)
Butterworths Legal Dictionary p 10
Evans p 116 (abutting)
Garner’s Dictionary p 12 (abutment; abuttals)
Garner’s Legal Style p 183 (abutting)
Garner’s Redbook p 157 (abutting)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–5
A
accede

usage—consider alternatives before using
try—grant / allow / agree / consent / permit / take up office / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
example of no change
Australia acceded to the convention last year.
example of change
I accede agree to your request.
further reading
Blamires’ Common Errors p 12 (accede/exceed)
Butterworths Legal Dictionary p 11
Cutts p 26
Garner’s Dictionary p 12 (accede; exceed)
Garner’s Redbook p 157 (accede to)
Gowers’ Plain Words p 198
Longman English Usage p 7 (accede, exceed, succeed)
Partridge p 5 (access; accession)
Working Words p 8
accommodation

usage—consider alternatives before using
try—housing / houses / home / settlement / compromise / convenient arrangement /
recasting using eg adapt / no change
extra information
Prefer a less formal alternative if appropriate.
example of no change
a high standard of accommodation
example of change
the mine workers’ accommodation houses
further reading
Blamires’ Plain English p 46 (accede/exceed)
Cambridge Style Guide p 13 (accommodate)
Fowler’s English Usage p 15 (accommodate, accommodation)
Garner’s Legal Style p 100
Gowers’ Plain Words pp 198–9
Howard’s Guide p 5 (accommodate and accommodation)
Howard’s Handbook p 6 (accommodate/accommodation)
Longman English Usage p 10 (accommodation(s))
New Oxford Dictionary p 11
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–6
A
accompany

usage—consider alternatives before using
try—recasting (using with or attached) / no change
extra information
Prefer a simpler alternative if appropriate.
examples of no change
1 The fee must accompany the application.
2 The illness is usually accompanied by a fever.
3 The soprano was accompanied by a cellist.
example of change
He sent a letter to accompany with the parcel.
further reading
Blamires’ Common Errors p 13
Blamires’ Queen’s English p 239
Gowers’ Plain Words p 199
Longman English Usage p 10
New Oxford Dictionary p 11
accord

usage—consider alternatives before using
try—give / grant / agree / recognise / recasting (using more direct language) /
no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
examples of no change
1 the accord between Australia and Indonesia
2 He went of his own accord.
example of change
Our views accord agree.
further reading
Blamire’s Queen’s English p 132
Fowler’s English Usage p 15
Garner’s Dictionary pp 14 (accord; accordance), 14–5 (accord; afford), 15 (accord; concord)
Garner’s Redbook p 182 (accord; accordance)
Longman English Usage p 10 (accord, account)
Mellinkoff’s Dictionary p 582 (accord and satisfaction)
Right Words p 9
accordance
see—in accordance therewith; in accordance with
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–7
A
accordingly

usage—consider alternatives before using
try—so / therefore / consequently / recasting (using neutral words) / no change
extra information
1 Can be a sentence adverb. For example, ‘He did not breach the rules;
accordingly, there will be no inquiry.’ For more information, see hopefully,
regretfully and thankfully.
2 Prefer a simpler or more neutral alternative if appropriate.
example of no change
We need to find out what their plans are and respond accordingly.
further reading
Asprey pp 182, 220
Cutts pp 26, 31
Evans p 116
Fowler’s English Usage pp 15, 702–3 (sentence adverbs)
Garner’s Dictionary p 791 (sentence adverbs)
Garner’s Redbook p 157
Gowers’ Plain Words p 199
New Oxford Dictionary p 11
according to

usage—consider alternatives before using
try—recasting (using eg show) / in line with / based on / in accordance with /
under / no change
extra information
1 compound preposition
2 According to can be a weak form of attribution that carries a hint of doubt or
even suspicion.
3 Prefer a simpler or more neutral alternative if appropriate.
examples of no change
1 According to Einstein, ...
2 You need to operate the equipment according to the instructions.
3 The child may be placed with a member of the child’s community who has
responsibility for the child according to local custom and practice. [Under could
probably be substituted for according to in this example.]
examples of change
1 according to the records show that
2 Salary will be fixed according to based on experience.
further reading
Fowler’s English Usage pp 15 (according), 167 (compound prepositions)
Garner’s Dictionary pp 15 (according), 81 (as regards; as respects; as concerns)
Gowers’ Plain Words p 199
Howard’s Guide p 5
Longman English Usage p 10 (according)
New Oxford Dictionary p 11 (according)
Partridge p 80 (conjunctions, disguised)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–8
A
account
see—on account of
accountable
[also accountability]

usage—consider alternatives before using
try—responsible / liable / explicable / answerable / no change
extra information
1 formal word implying a high sense of personal responsibility
2 Accountable means to be personally responsible for, and is not appropriate to
use for things, eg the weather.
3 vogue word
4 Use accountable only in appropriate contexts.
example of no change
Under the Westminster system of government Ministers are accountable to
Parliament for their departments.
examples of change
1 Who is accountable responsible for this mess?
2 The fog was accountable for the meeting’s late start. The meeting started late
because [people were held up because] of the fog.
3 A chief executive is accountable responsible for the efficient and effective
operation of the chief executive’s department.
further reading
Butterworths Legal Dictionary p 15
Fowler’s English Usage p 16
Garner’s Dictionary pp 15–6
Gowers’ Plain Words pp 199–200
Howard’s Guide p 6 (accountable or responsible)
Howard’s Handbook pp 6–7 (accountable/responsible)
Longman English Usage p 11
New Oxford Dictionary p 12
Partridge p 5
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–9
A
accrue

usage—consider alternatives before using
try—add / gain / arise / appear for the first time / recasting / no change
extra information
1 formal word
2 Accrue does not mean simply to increase in size but rather to be added to bit by
bit. Interest can accrue, but a balloon cannot.
3 It may be appropriate to use accrue rather than arise in relation to a cause of
action (see Garner).
4 Prefer a simpler alternative if appropriate.
examples of no change
1 Interest accrues from day to day.
2 accrued entitlement to long service leave
example of change
He gradually accrued gained weight after the operation.
further reading
Butterworths Legal Dictionary p 16
Garner’s Dictionary p 16
New Oxford Dictionary p 12
accustomed to

usage—consider alternatives before using
try—used to / recasting (using usually) / no change
extra information
1 formal phrase
2 Prefer a simpler alternative if appropriate.
example of no change
We are accustomed to thinking of law and equity as sharply divided.
example of change
They were accustomed to taking usually took a walk in the evening.
further reading
Cutts p 26
Garner’s Dictionary p 17 (accustomed)
Longman English Usage p 11 (accustom)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–10
A
achieve

usage—consider alternatives before using
try—get / reach / recasting (using, eg becoming) / no change
extra information
1 Achieve implies successful effort in reaching a definite, desirable goal. It should
not be treated as only the equivalent of getting or reaching.
2 A challenge can be taken up, answered or rejected, but it cannot be achieved.
example of no change
She achieved her longstanding ambition when she graduated with first-class
honours.
examples of change
1 An officer achieving redundancy becoming redundant ...
2 She achieved reached 18 (years old).
further reading
Blamires’ Common Errors pp 14–5
Gowers’ Plain Words p 200
Howard’s Guide p 6
Hudson p 9
Longman English Usage p 12 (achieve, achievement)
New Oxford Dictionary p 14
acknowledge

usage—consider alternatives before using
try—recasting (using, eg Thank you for your letter) / no change
extra information
1 formal, impersonal word used in letter writing, eg I acknowledge …
2 Prefer a simpler alternative if appropriate.
examples of no change
1 He acknowledged that the claims were true.
2 They refused to acknowledge her presence.
3 He is generally acknowledged as the world authority in the field.
4 She received an award acknowledging her bravery.
further reading
Garner’s Legal Style p 100 (acknowledgment)
Gowers’ Plain Words p 200
Howard’s Guide p 6 (acknowledge/acknowledgement)
Howard’s Handbook p 7 (acknowledge/acknowledgement)
Mellinkoff p 8 (acknowledge and confer, acknowledge, acknowledgement)
New Oxford Dictionary p 15
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–11
A
acquaint

usage—consider alternatives before using
try—tell / inform / state / mention / say / find out / know / recasting / no
change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
example of no change
You two should become acquainted.
examples of change
1 She acquainted him with told him the facts.
2 Are you acquainted with Do you know...?
3 He was acquainted with knew the former Prime Minister.
4 You should acquaint yourself with find out the facts.
5 You should acquaint yourself with read the document.
further reading
Butterworths Legal Dictionary p 18
Cutts p 26 (acquaint yourself)
Garner’s Redbook p 157 (acquainted with)
Gowers’ Plain Words pp 18, 200
Hudson p 305 (ploddery)
Longman English Usage p 12
New Oxford Dictionary p 15
Partridge p 5 (acquaint with)
Right Words p 10
Working Words p 11
acquire

usage—consider alternatives before using
try—get / buy / win / obtain / no change
extra information
Prefer a simpler alternative if appropriate.
example of no change
1 the cost of acquiring and operating vehicles
2 She acquired a good command of Spanish.
3 An interest in land may be acquired under this Act by agreement or compulsion.
example of change
He acquired bought the car for a good price.
further reading
Butterworths Legal Dictionary p 18
Garner’s Redbook p 157, p 159 (acquire knowledge)
Gowers’ Plain Words p 200
Howard’s Guide p 7
Howard’s Handbook p 7
Longman English Usage p 13
Partridge p 5 (acquirement/acquisition)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–12
A
act
see—any act, matter or thing
ACT
see—Territory
acting
[in an office]

usage—consider alternatives before using
try—omitting / no change
extra information
1 It is usually unnecessary to refer to the person acting in an office (see LA, s 185
and s 220).
2 Omit if appropriate.
examples of no change
1 a broker or other person acting for a licensed insurer
2 I, Minister for ABC, acting under the XYZ Act, section 10 …
examples of change
1 assessor includes a person acting as assessor
2 agent acting for …
action
see—chose in action
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–13
A
activate

usage—consider alternatives before using
try—operate / motivate / inspire / actuate
extra information
1 formal word
2 Activate means to ‘make active’. Its usage is best confined to scientific contexts
and is inappropriate to use in relation to people.
3 Prefer an alternative if appropriate.
example of no change
activated carbon
examples of change
1 the controls that activate operate the vehicle’s brake
2 The coach activated inspired the team.
further reading
Blamires’ Plain English p 46 (activate/actuate)
Fowler’s English Usage pp 18–9 (activate/actuate)
Garner’s Dictionary p 21 (actuate; activate)
Howard’s Handbook p 8 (activate/motivate)
Howard’s Guide p 7 (activate or motivate)
Longman English Usage p 14 (activate/actuate)
New Oxford Dictionary p 18
Partridge p 6 (activate/actuate)
Right Words p 11 (activate/activation)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–14
A
actually / actual

usage—consider alternatives before using
try—in fact / omitting / recasting / no change
extra information
1 Actually can be a sentence adverb. For example, ‘He actually expected me to be
pleased about it!’ For further information, see hopefully, regretfully and
thankfully.
2 Actually and actual are frequently used unnecessarily in writing, particularly for
emphasis. However, actual is used in a number of legal concepts to distinguish
things that arise from the facts rather than by operation of law.
3 Prefer a more neutral alternative if appropriate.
4 In actual fact is a tautology.
see also—definitely/definite; real/really
examples of no change
1 actual possession
2 The estimate was much less than the actual cost.
3 Those were her actual words.
example of change
This is the section that actually deals with …
further reading
Butterworths Legal Dictionary pp 23–4 (actual; actual authority; actual bodily harm; actual
causation; actual combat against the enemy; actual, constant and visible occupation; actual
fraud; actual freehold; actual intention; actual knowledge; actual malice; actual money price;
actual notice; actual possession; actual seisin; actual tenant in tail; actual total loss; actual
undue influence; actually in possession)
Fowler’s English Usage pp 19 (actually), 702–3 (sentence adverbs)
Garner’s Dictionary pp 20–1 (actual; constructive), 21 (actual fact, in), 791–2 (sentence adverbs)
Gowers’ Plain Words p 54
Howard’s Guide p 8
Longman English Usage p 14 (actual/actually)
Mellinkoff’s Dictionary pp 11–2 (actual; actual/constructive; actual adverse possession; actual
agent; actual authority; actual bias; actual controversy; actual damages; actual eviction; actual
knowledge; actual malice; actual notice; actual reduction to practice)
New Oxford Dictionary p 18
Partridge pp 6 (actual and actually), 280 (really, actually and definitely)
Working Words p 13 (actual/actually)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–15
A
actuate

usage—consider alternatives before using
try— motivate / operate/ activate
extra information
1 formal word
2 Actuate means to ‘move something to action’.
3 Prefer an alternative if appropriate.
example of no change
actuating a grey-water diverter
example of change
He was actuated motivated by greed.
further reading
Blamires’ Plain English p 46 (activate/actuate)
Fowler’s English Usage pp 18–9 (activate/actuate)
Garner’s Dictionary p 22 (actuate; activate)
Longman English Usage p 14 (activate, actuate)
Partridge p 6 (activate/actuate)
adapt
[also adaptation / adaption]

usage—consider alternatives before using
try—change / adjust / no change
extra information
1 Adapt means to make suitable to requirements or conditions, or to adjust or
change appropriately. This meaning is not picked up by using change.
2 Prefer change if appropriate.
3 For the differences between adapt and adjust, see adjust.
4 Prefer adaptation to adaption.
examples of no change
1 The person adapted quickly to the changed circumstances.
2 The novel was adapted for film.
example of change
The provision applies with the adaptations changes necessary …
further reading
Cambridge Style Guide p 17 (adaptation or adaption)
Fowler’s English Usage p 20 (adaption)
Garner’s Dictionary p 22 (adapt and adopt; adaptation)
Garner’s Legal Usage p 100 (adapt; adopt)
Garner’s Redbook p 184 (adopt; adapt)
Longman English Usage p 15 (adapt, adopt, adept)
Partridge p 6 (adapt and adopt)
Right Words p 11 (adaptation/adaption)
Use the Right Word p 6 (adapt and adjust)
Working Words p 14 (adaptation/adaption)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–16
A
addition
[also additional and additionally]

usage—consider alternatives before using
try—more / extra / another / besides / as well as / additive / omitting / no change
extra information
1 can lead to verbosity
2 Do not use with add.
see also—in addition to
examples of no change
1 The university has extended the range of its courses with the addition of the new
campus.
2 The drill was a useful addition to the tool kit.
3 Addition is one part of arithmetic.
4 The authority may, by written notice, ask the applicant for more information
necessary to consider the application properly.
example of change
Add an additional extra dash.
further reading
Cambridge Style Guide p 18 (addition or additive)
Cutts p 26 (additional)
Evans p 119 (additionally)
Garner’s Redbook p 157 (additional)
Howard’s Guide p 8 (in addition to)
Longman English Usage p 16 (additionally)
New Oxford Dictionary p 20
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–17
A
adduce

usage—consider alternatives before using
try—present / introduce / give / offer / deduce / lead / no change
extra information
1 formal word, but used in Cwlth Evidence Act
2 Prefer a simpler alternative if appropriate.
3 Adduce should not be confused with educe or deduce. Adduce is to put forward
for consideration evidence or arguments. Educe is to draw out, evoke or elicit.
Deduce is to infer.
examples of change
1 The defendant may adduce present evidence.
2 … unless evidence sufficient to raise doubt about the presumption is
adduced given.
further reading
Blamires’ Plain English p 46 (adduce/deduce)
Butterworths Legal Dictionary p 26 (adducing evidence)
Garner’s Dictionary p 22 (adduce; educe; deduce)
Garner’s Legal Style p 134 (proof/evidence/testimony)
Longman English Usage p 16 (adduce, deduce)
Partridge pp 6 (adduce), 113 (evidence and testimony)
Working Words p 16 (adduce/deduce)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–18
A
adequate

usage—consider alternatives before using
try—recasting (using enough) / suitable / appropriate / satisfactory / sufficient
/ no change
extra information
1 Prefer enough if appropriate. For the use of enough, sufficient and adequate, see
sufficient.
2 Do not use adequate enough.
see also—an adequate number of
example of no change
adequate funding and resources
examples of change
1 an adequate supply of enough firewood for the winter
2 The computer program is perfectly adequate for meets my needs perfectly.
further reading
Evans p 118 (adequate number of)
Fowler’s English Usage p 21
Garner’s Dictionary p 23 (adequate; sufficient)
Garner’s Legal Style p 183 (adequate number of, an)
Garner’s Redbook pp 159 (adequate number of), 183 (adequate; sufficient)
Gowers’ Plain Words p 200
Howard’s Guide p 9 (adequate, enough or sufficient)
Howard’s Handbook p 153 (enough/sufficient/adequate)
Longman English Usage p 17
New Oxford Dictionary p 21
Partridge pp 6 (adequate enough—adequate standard of living), 351 (tautology—adequate enough)
adequate number of (an)

usage—never use
try—sufficient / recasting (using enough)
extra information
1 verbosity
2 Use an alternative.
further reading
Evans p 118
Garner’s Legal Style p 183
Gower’s Plain Words p 200
Howard’s Guide p 9 (adequate, enough or sufficient)
Howard’s Handbook p 153 (enough/sufficient/adequate)
Partridge p 6 (adequate enough)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–19
A
ad hoc

usage—consider alternatives before using
try—recasting (using for the purpose / haphazardly) / no change
extra information
1 Foreign phrase. However, ad hoc has become assimilated into English. For
example, an ad hoc committee is a committee set up for a particular and limited
purpose, usually alongside a regular committee. An ad hoc decision is a decision
that applies only to the present case and need not be a precedent for similar
cases.
2 Ad hoc is never qualified by very or fairly.
3 Ad hoc basis (or way) is a verbose way of saying ad hoc.
4 may imply hasty improvisation
5 Prefer a simpler alternative if appropriate.
examples of no change
1 an ad hoc committee
2 an ad hoc decision
example of change
The operation was carried out on an ad hoc basis haphazardly.
further reading
Blamires’ Queen’s English p 213
Butterworths Legal Dictionary p 24
Cambridge Style Guide pp 16–7
Cutts pp 3-9
Fowler’s English Usage p 21
Garner’s Dictionary pp 24, 813 (slipshod extension)
Hudson p 12
Right Words p 12
ad idem

usage—never use
try—to the same effect / to that effect / in agreement / of the same mind
extra information
1 foreign phrase
2 Use an alternative.
example of change
They were ad idem in agreement.
further reading
Butterworths Legal Dictionary p 25
Fowler’s English Usage p 21
Garner’s Dictionary pp 24, 366 (forbidden words and phrases—A generally useless words and
phrases)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–20
A
adjacent

usage—consider alternatives before using
try—near / close to / next to / adjoining / no change
extra information
1 Adjacent is less specific than adjoining and may be used to mean close to, but
not actually touching, as well as right up against. See also adjoining. However,
its meaning may not be completely clear in some contexts.
2 Prefer near or next to if appropriate.
see also—contiguous
example of no change
adjacent houses
example of change
The houses are adjacent next to each other.
further reading
Butterworths Legal Dictionary p 27
Cambridge Style Guide p 19 (adjacent or adjoining)
Evans p 118 (adjacent to)
Fowler’s English Usage pp 21–2
Garner’s Dictionary p 24 (adjacent; contiguous)
Garner’s Redbook p 157 (adjacent to)
Gowers’ Plain Words p 201
Howard’s Guide p 9 (adjacent or adjoining)
Howard’s Handbook p 265 (next to/adjacent/adjoining)
Longman English Usage p 17
Partridge p 6 (adjacent; contiguous)
Right Words p 12 (adjacent/adjoining/contiguous)
Working Words p 16
adjoining

usage—consider alternatives before using
try—near / next to / adjacent / no change
extra information
If things are adjoining, they are actually touching each other, eg adjoining walls
share a common wall.
see also—contiguous
example of no change
the adjoining terrace houses
further reading
Butterworths Legal Dictionary p 27
Cambridge Style Guide p 19 (adjacent or adjoining)
Garner’s Dictionary p 26 (adjoin)
Howard’s Guide p 9 (adjacent or adjoining)
Howard’s Handbook p 265 (next to/adjacent/adjoining)
Longman English Usage p 19 (adjoin, adjourn)
Right Words p 12 (adjacent/adjoining/contiguous)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–21
A
adjust

usage—consider alternatives before using
try—change / no change
extra information
1 Prefer change if appropriate.
2 Adjust, like adapt, can mean to make suitable to requirements or conditions. It
can also mean to adapt to changed conditions. These meanings are not picked up
by using change.
3 Adapt involves considerable change to meet new requirements, while adjust
implies a minor change. Adapt also emphasises the purpose for which the
change is made.
examples of no change
1 The equipment was adjusted to comply with the standard.
2 The prices are adjusted for inflation.
3 Submariners must adjust to living in cramped conditions.
examples of change
1 Adjusting Changing for the sake of change.
2 The insurer must adjust work out the amount to pay the insured person for the
loss.
further reading
Evans p 118 (adjustment)
Gowers’ Plain Words p 201
Fowler’s English Usage p 24
New Oxford Dictionary p 22
Partridge p 103 (Elegancies—adjust one’s dress)
Use the Right Word p 6 (adapt and adjust)
administrate

usage never use
try—administer
extra information
Administrate is a backformation from administration. Use administer.
further reading
Bryson’s Troublesome Words p 4
Macquarie Dictionary p 26
administrator
see—heirs, executors, administrators, successors and assigns
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–22
A
admittedly

usage—consider alternatives before using
try—recasting (using neutral words) / omitting / no change
extra information
1 Sentence adverb. For example, ‘Admittedly, the salary was not wonderful but
the duties were light’. For further information, see hopefully, regretfully and
thankfully.
2 Prefer a more neutral alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
New Oxford Dictionary p 23
adumbrate

usage—avoid using if possible
try—outline / foreshadow / overshadow / indicate faintly / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
examples of change
1 Counsel adumbrated outlined the plaintiff’s case.
2 The garden features were only adumbrated barely visible in the failing light.
further reading
Fowler’s English Usage pp 26, 350–1 (hard words)
Garner’s Dictionary p 31
Gowers’ Plain Words p 201
New Oxford Dictionary p 25
Partridge p 178 (Literarisms—adumbrate)
advantageous

usage—consider alternatives before using
try—useful / helpful / no change
extra information
Prefer a simpler, more precise alternative if possible.
example of no change
an advantageous position
example of change
It would be advantageous helpful if you could give me your answer next week.
further reading
Garner’s Redbook p 157
Gowers’ Plain Words p 201
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–23
A
adverse

usage—consider alternatives before using
try—unfavourable / harmful / against
extra information
1 formal words with archaic overtones
2 may have technical legal meaning
example of no change
the person in adverse possession obtained good title against the owner
examples of change
1 the judge made an adverse finding a finding against
2 No adverse unfavourable inference may be drawn from the defendant’s silence.
3 The drug had adverse harmful side effects.
further reading
Butterworths Legal Dictionary pp 32 (adverse effect discrimination, adverse inference, adverse
possession), 33 (adverse security assessment, adverse witness)
Fowler’s English Usage p 28 (adverse, averse)
Garner’s Redbook p 184 (adverse, averse)
advert to

usage—avoid using if possible
try—mention / refer to / avert / turn to / call attention to
extra information
1 formal phrase
2 Advert is sometimes confused with avert. Advert to is to refer to or mention
something. Avert is to ward off, turn away or avoid something.
examples of change
1 He adverted to mentioned the letter in passing.
2 Before adverting turning to my last point, ....
further reading
Fowler’s English Usage p 28
Garner’s Dictionary pp 33 (advert; avert), 93 (avert)
Garner’s Redbook pp 157, 185 (allude; advert; elude)
Gowers’ Plain Words pp 18, 201
Longman English Usage p 21 (advert, avert)
Partridge p 7 (advert; avert)
Working Words p 20 (advert/avert)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–24
A
advise

usage—consider alternatives before using
try—tell / inform / state / say / mention / notify / let me know / announce /
recasting / no change
extra information
1 commercialese or pomposity for tell, say or mention
2 Advise has the connotation of counselling; of giving advice. It does not mean the
same as tell.
3 Prefer an alternative if appropriate.
see also—will/would you be good enough to advise me; as at present advised
examples of no change
1 The lawyer advised her client about how to plead to the charge.
2 The drafter advised the policy officer about the human rights implications of the
policy.
examples of change
1 the student must advise tell the agency
2 Please be advised that your Your cheque has been posted separately to you.
further reading
Blamires’ Common Errors p 16 (advice)
Cutts pp 26, 32
Fowler’s English Usage pp 29 (advise, advice), 163 (commercialese)
Garner’s Dictionary p 33
Garner’s Redbook pp 157, 184 (advise; advice)
Gowers’ Plain Words p 18
Howard’s Guide p 11
Longman English Usage p 22 (advice, advise)
Partridge pp 7, 225 (commercialese or business English)
Right Words p 16 (advice/advise)
Use the Right Word p 301
Working Words pp 20–1 (advice/advise/counsel)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–25
A
affect

usage—consider alternatives before using
try—change / hinder / delay / stop / effect / no change
extra information
1 vague word
2 Prefer a more precise alternative if possible.
3 Affect and effect are frequently confused. Affect is normally used only as a verb,
meaning to influence, have consequences, make a change in, impress or assume
a pose. Effect is used both as a verb and a noun, but most commonly as a noun.
As a verb, it means to bring about, cause, accomplish, produce or result in. As a
noun, it means a result, consequence or impression.
4 For the use of stop, see cease.
examples of no change for affect and effect
1 The strike affected our travel plans. (verb)
2 We felt the effect of the strike on our travel plans. (noun)
examples of change
1 The race was affected delayed by the bad weather.
2 He was much affected changed by age.
3 The affects effects of the interest rate cut are hard to predict.
further reading
Blamires’ Common Errors p 16
Blamires’ Plain English pp 46-7 (affect/effect)
Blamires’ Queen’s English p 230 (affect/effect)
Bryson’s Troublesome Words p 5 (affect, effect)
Cambridge Style Guide p 26 (affect or effect)
Fowler’s English Usage p 31 (affect, effect)
Garner’s Dictionary p 34 (affect; effect)
Garner’s Legal Style p 101 (affect; effect)
Garner’s Redbook p 184 (affect; effect)
Gowers’ Plain Words p 201
Howard’s Guide p 12 (affect or effect)
Howard’s Handbook p 12 (affect/effect)
Hudson pp 15–6 (affect(ive/ed), effect(ive/ed))
Longman English Usage p 23 (affect, effect)
New Oxford Dictionary p 28
Oxford English Usage p 115
Partridge p 8 (affect and effect)
Right Words p 17 (affect/effect)
Strunk and White p 45 (effect)
Working Words p 21 (affect/effect)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–26
A
affirm
[as to truth]

usage—consider alternatives before using
try—swear / state (as a fact) / assert (strongly and publicly) / declare (support
for) / defend / omitting / no change
extra information
1 formal word
2 Consider if it is necessary to deal expressly with both swearing and affirming.
Usually it is sufficient to deal only with swearing an oath (see LA, dict, pt 1,
defs oath, swear an oath and take an oath).
3 Prefer a simpler alternative if appropriate.
example of no change
A person must swear an oath or make an affirmation before giving evidence.
example of change
an affidavit that has been properly sworn or affirmed
further reading
Garner’s Redbook p 165 (affirmation in terms of art)
New Oxford Dictionary p 29
affirm
[confirm]

usage—consider alternatives before using
try—confirm / uphold / no change
extra information
1 formal word
2 Prefer confirm or uphold.
examples of change
1 The court may affirm confirm the decision appealed against.
2 The magistrate’s order was affirmed upheld on appeal.
further reading
Garner’s Dictionary p 35
New Oxford Dictionary p 29
Partridge p 39 (assert)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–27
A
affirmative

usage—avoid using if possible
try—recasting (using words to the effect of yes or in favour) / positive / supportive /
helpful / encouraging
extra information
1 formal word
2 If possible, prefer an alternative.
examples of no change
1 affirmative action
2 affirmative defence
examples of change
1 He gave an affirmative answer said ‘yes’.
2 He voted in the affirmative for the resolution.
3 The family is often a source of affirmative positive influence.
see also—in the affirmative
further reading
Fowler’s English Usage p 32
Garner’s Dictionary p 36 (affirmative, in the; negative, in the)
Garner’s Redbook p 184 (affirmative (or negative), in the)
Gowers’ Plain Words p 201
Longman English Usage p 24
New Oxford Dictionary p 29
Partridge p 28 (answer was...)
affix

usage—consider alternatives before using
try—attach / stick / fasten / put / add to / no change
extra information
1 formal word
2 Prefer attach, stick or fasten if appropriate.
examples of change
1 the affixing attaching of the seal
2 The notice may be served by securely affixing attaching the notice to the
vehicle.
3 whether or not affixed attached to land
4 He licked the stamp and affixed put it on the envelope.
further reading
New Oxford Dictionary p 29
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–28
A
affluent

usage—consider alternatives before using
try—rich / well-off / wealthy / recasting / no change
extra information
1 Affluent can imply too much of a good thing; a never-had-it-so good smugness.
2 Prefer a simpler, more neutral alternative if appropriate.
examples of change
1 He came from an affluent well-off background.
2 Only the affluent wealthy can afford to bring legal proceedings.
further reading
Gowers’ Plain Words p 201
Howard’s Guide p 12
Longman English Usage p 24
New Oxford Dictionary p 29
Partridge p 8
afford

usage—consider alternatives before using
try—give / provide / supply / allow / let / recasting (using, eg can pay for) / no
change
extra information
1 formal word
2 Prefer give, provide, supply or another simpler alternative if appropriate.
examples of no change
1 Only the rich can afford to stay in the hotel.
2 It took more time than he could afford to spare.
example of change
The hair afforded provided vital evidence.
further reading
Evans p 118 (afforded)
Garner’s Dictionary pp 14–5 (accord; afford)
Garner’s Redbook p 157
Gowers’ Plain Words p 202
New Oxford Dictionary p 29
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–29
A
aforementioned

usage—never use
try—recasting / omitting
extra information
archaism
further reading
Butterworths Legal Dictionary p 36
Cutts p 27
Fowler’s English Usage p 32 (afore-)
Garner’s Dictionary pp 37 (aforesaid; aforementioned) , 366 (forbidden words and phrases—A
generally useless words and phrases)
Garner’s Legal Style p 101
Garner’s Redbook pp 161, 162
Gowers’ Plain Words p 202
Howard’s Guide p 12
Howard’s Handbook p 12 (aforementioned/aforesaid)
Longman English Usage p 630 (said)
Mellinkoff’s Dictionary p 19 (afore-)
aforesaid

usage—never use
try—recasting / omitting
extra information
archaism
further reading
Asprey pp 124, 220
Butterworths Legal Dictionary p 36
Cutts p 27
Dick pp 149–50
Evans p 118
Fowler’s English Usage p 32 (afore-)
Garner’s Dictionary p 37 (aforesaid; aforementioned)
Garner’s Legal Style p 101
Garner’s Redbook pp 161-2
Gowers’ Plain Words p 202
Howard’s Guide p 12
Howard’s Handbook p 12 (aforementioned/aforesaid)
Law Words 1995 p 80 (said)
Longman English Usage p 630 (said)
Mellinkoff’s Dictionary p 19 (afore-)
after
see—from and after; on and after
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–30
A
afternoon
[for time]

usage—avoid using if possible
try—pm
extra information
1 Use pm/am, without full stops and with a space between the number and pm/am.
2 Afternoon is not usually precise enough for formal writing.
see also—12 am
example of change
five o’clock in the afternoon 5 pm
further reading
Commonwealth Style Manual p 172
Evans p 143 (times)
Partridge p 17 (a.m., pm.)
afterward / afterwards
[as an adverb]

usage—consider alternatives before using
try—afterwards / no change
extra information
1 Prefer afterwards.
2 However, for the increasing trend not to use an ‘s’ in words ending in -ward(s),
see forward/forwards.
3 In Australia and Britain, the common practice is to use –ward for the adjective
and –wards for the adverb.
example of no change
Not long afterwards there was a knock at the door.
further reading
Cambridge Style Guide pp 799–800 (-ward or -wards)
Fowler’s English Usage pp 32–3
Garner’s Dictionary p 924 (-ward(s))
Howard’s Guide p 12 (after or afterwards)
Howard’s Handbook p 13 (after/afterwards/in the wake of)
Longman English Usage p 24
Macquarie Dictionary p 36
Working Words p 23
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–31
A
against a background of

usage—avoid using if possible
try—because of / no change
extra information
1 vogue phrase
2 Prefer because of if appropriate.
example of change
Lower interest rates may be inevitable against a background of because of high
rates of unemployment.
further reading
Gowers’ Plain Words p 209
age

usage—consider alternatives before using
try—recasting / omitting / no change
see also—in this day and age
extra information
In describing a particular age, generally prefer an alternative.
example of no change
He died of a heart attack at the age of 39.
examples of change
1 Adult means an individual who has attained the age of 18 years is 18 years old
or older.
2 Child means an individual who is under 18 years of age old.
3 A person who is under 16 years of age old must wear a seatbelt.
further reading
Fowler’s English Usage p 33
Longman English Usage pp 24–5
New Oxford Dictionary p 32
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–32
A
aggregate

usage—consider alternatives before using
try—total / sum / adding up to / amount / quantity / recasting (using, eg all) / no
change
extra information
1 The primary meaning of aggregate is ‘to bring together a mass of discrete things
or individuals into a whole’. (Garner)
2 Aggregate should not be used as a pretentious word for total.
3 Aggregated together is a redundancy.
4 Prefer a simpler alternative if appropriate.
examples of change
1 fines aggregating totalling almost $100 000
2 the aggregate all of our experience
further reading
Cutts p 27
Garner’s Dictionary pp 39 (aggregate; aggregation), 39 (aggregate)
Longman English Usage p 25
Partridge p 9
aggrieved

usage—consider alternatives before using
try—dissatisfied / adversely affected / recasting / no change
extra information
1 Aggrieved implies a feeling of resentment at having been unfairly treated.
2 Prefer a more neutral alternative if appropriate.
example of no change
He was aggrieved by the arbitrary way in which his request was dealt with.
example of change
A person aggrieved dissatisfied with a decision of the tribunal may appeal against
the decision.
further reading
Butterworths Legal Dictionary p 40 (aggrieved; aggrieved person)
Garner’s Dictionary p 39 (aggrieve)
New Oxford Dictionary p 33
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–33
A
agree on / to

usage—consider alternatives before using
try—permit / approve / no change
extra information
Agreeing on something implies mutual consent between people. Agree on is,
therefore, not appropriate for a permission or approval given unilaterally.
see also—mutually agree; understood and agreed; undertake and agree
examples of no change
1 I agree with your approach.
2 an agreed statement
3 We must agree on the arrangements.
example of change
The authority agreed to approved the application for planning permission.
further reading
Butterworths Legal Dictionary p 41 (agreement)
Fowler’s English Usage p 34
Garner’s Dictionary pp 39–40, 40 (agree with; agree to; agree on)
Garner’s Legal Style p 187 (agree and covenant)
Gowers’ Plain Words p 202
Hudson pp 17–8
Longman English Usage p 26
New Oxford Dictionary p 34
Partridge p 9
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–34
A
aid

usage—consider alternatives before using
try—help / assist / encourage / recasting / no change
extra information
1 Prefer help or assist if appropriate.
2 Aid, abet, counsel and procure are still to be used in relation to the commission
of offences (see the Criminal Code, s 45 (Complicity and common purpose)).
examples of no change
1 foreign aid
2 He walked with the aid of a walking stick.
examples of change
1 Will you aid help me to change the tyre?
2 She saw the old man fall and went to aid help him.
3 Research was conducted to aid assist in making decisions about the best form of
treatment.
further reading
Blamires’ Common Errors p 17
Bryson’s Troublesome Words p 6 (aid and abet)
Butterworths Legal Dictionary p 42 (aid and abet)
Cambridge Style Guide p 31 (aid or aide)
Fowler’s English Usage pp 36–7
Garner’s Dictionary p 40 (aid and abet)
Garner’s Legal Style p 188 (aid and abet)
Garner’s Redbook p 163 (aid and abet in doublets)
Gowers’ Plain Words p 202
Howard’s Guide p 14 (aid or help)
Law Words 1995 pp 10–2 (aid and abet)
Longman English Usage p 26 (aid, aide)
Melinkoff’s Dictionary pp 21–2 (aid and abet, aid and comfort)
New Oxford Dictionary p 35
Partridge p 39 (assist to)
aim for

usage—never use
try—aim at
extra information
1 non-standard English
2 Use aim at.
further reading
Fowler’s English Usage p 37 (aim)
Garner’s Dictionary p 40 (aim to; aim at)
Gowers’ Plain Words p 190
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–35
A
alia
see—inter alia
alibi

usage—consider alternatives before using
try—excuse / defence / no change
extra information
1 To plead an alibi originally meant to rebut a charge by providing evidence that
the person charged was somewhere else at the time of the offence. However,
alibi is now frequently used to mean any excuse or defence.
2 Alibi is best reserved for contexts consistent with its original meaning.
example of change
She had a good alibi excuse for not finishing the work on time.
further reading
Bryson’s Troublesome Words p 8 (alias, alibi)
Butterworths Legal Dictionary p 45
Fowler’s English Usage p 40
Garner’s Dictionary pp 41–2, 813 (slipshod extension)
Garner’s Legal Style pp 101, 185
Gowers’ Plain Words pp 202–3
Howard’s Guide p 16
Howard’s Handbook p 15
Longman English Usage pp 27–8
Melinkoff’s Dictionary p 24
New Oxford Dictionary p 4
Partridge p 12
Right Words p 21
Working Words p 25
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–36
A
all

usage—consider alternatives before using
try—a / an / the / omitting / no change
extra information
All should be used only when necessary. All may be appropriate if the collective
application of a provision needs to be emphasised. However, all is generally
unnecessary for plural subjects.
see also—all and every; all and singular; all ...not; all of; any and all; at all times;
each and all; reasonable (all reasonable means)
examples of no change
1 The committee must report all findings to the chief executive.
2 He slept all day.
example of change
All members hold A member holds office for 3 years.
further reading
Blamires’ Common Errors p 18
Dickerson p 131
Fowler’s English Usage p 41
New Oxford Dictionary p 44
NZ Legislation Manual pp 40–1
Partridge p 13
Right Words p 21
all and every

usage—never use
try—all / a / each / the / omitting
extra information
1 doublet
2 Use an alternative.
further reading
Garner’s Legal Style p 188 (any and all)
Garner’s Redbook p 163 (any and all in doublets)
Partridge p 113 (every)
all and singular

usage—never use
try—all / the / each / omitting
extra information
1 doublet
2 Use an alternative.
further reading
Garner’s Dictionary p 43
Garner’s Legal Style p 187
Garner’s Redbook p 163 (doublets)
Partridge p 389 (whole)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–37
A
allay

usage—avoid using if possible
try—remove / avoid / relieve / alleviate / diminish
extra information
1 formal word
2 If possible, use an alternative.
examples of change
1 To allay remove any doubt, it is declared that …
2 He took an aspirin to allay relieve the pain.
further reading
Bryson’s Troublesome Words p 8 (allay, alleviate, assuage, relieve)
Working Words p 25 (allay/alleviate/assuage/relieve)
allege
[also allegation]

usage—consider alternatives before using
try—claim / state / mention / contend / declare / assert / maintain /
recasting (using eg charge) / no change
extra information
1 formal word
2 To allege is formally to state a matter of fact as being true or provable, without
yet having proved it (Garner).
3 Allege has accusatory connotations and may suggest guilt of a crime or
misconduct. It is inappropriate for more neutral contexts.
4 Allege should not, therefore, be used as a synonym of assert, claim, contend,
declare, maintain, mention or state.
5 Prefer a simpler or more neutral alternative if appropriate.
examples of no change
1 His alleged involvement in the offence has been widely discussed.
2 He made serious allegations of corruption.
example of change
1 If it is alleged claimed in a proceeding, …
2 His friends allege maintain that he is innocent.
further reading
Butterworths Legal Dictionary p 47 (allegation)
Fowler’s English Usage p 41 (alleged)
Garner’s Dictionary pp 43 (allege; contend), 43–4 (allegedly)
Garner’s Legal Style p 106 (claim)
Garner’s Redbook p 185 (allege; accuse; contend)
Howard’s Guide p 16 (allegation or allege)
Howard’s Handbook p 16 (allege/allegation)
Longman English Usage p 28
Melinkoff’s Dictionary p 25 (allege/alleged/allegation)
New Oxford Dictionary p 44
Partridge p 13
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–38
A
allergic
[also allergy]

usage—consider alternatives before using
try—recasting (using eg dislike / strong dislike / intense dislike) / no change
extra information
1 vogue word
2 Allergic originally meant a physiological sensitivity to something, eg a drug.
3 Allergic should not be used as a synonym for dislike.
4 Prefer an alternative if appropriate.
example of no change
He had a severe allergic reaction to the antibiotic.
example of change
She is allergic to dislikes loud music.
further reading
Fowler’s English Usage p 42 (allergy)
Gowers’ Plain Words pp 40, 203
Longman English Usage p 29 (allergic, allergy)
New Oxford Dictionary p 45
Partridge pp 13, 377 (vogue words)
Right Words p 21
all … not

usage—consider alternatives before using
try—not all / no change
extra information
For negative constructions, prefer not all to avoid ambiguity.
see also—not
example of change
All drafters did not use the precedent. Not all drafters used the precedent. or
No drafters used the precedent.
further reading
Garner’s Dictionary p 43 (all B)
Garner’s Legal Style p 101
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–39
A
allocate

usage—consider alternatives before using
try—give / divide / set apart / designate / assign / distribute / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
example of no change
the authority must allocate quotas to …
examples of change
1 The shares must be allocated divided among the survivors.
2 An agency head must allocate give an approved classification level to each job
in the agency.
further reading
Butterworths Legal Dictionary p 47
New Oxford Dictionary p 46
all of

usage—consider alternatives before using
try—all / no change
extra information
All of is needed before personal pronouns (eg them) and whom, whose and which. In
other cases, all of is unnecessary and should be replaced by all.
examples of no change
1 all of them
2 all of whom
example of change
All of the claims were dismissed.
further reading
Fowler’s English Usage p 41 (all 1)
Garner’s Dictionary p 43 (all A)
Garner’s Legal Style p 101
Howard’s Guide p 16
Howard’s Handbook p 16
Longman English Usage p 28 (all 1)
Partridge p 13 (all)
Right Words p 21 (all)
Working Words p 25 (all/all of)
allowed
see—is/are allowed to
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–40
A
allows
see—where/if the context permits/allows
allude to

usage—consider alternatives before using
try—refer (to) / (indirectly or briefly) mention / suggest / hint (at) / recall /
elude / no change
extra information
1 formal word
2 For the difference between illusion, delusion and allusion—see illusion.
3 To allude is to indirectly mention, to refer is to directly or specifically mention.
4 Allude and elude are sometimes confused. To elude is to avoid, escape or evade.
Allude usually relates to things said (or not said), and elude usually relates to
things (or people) that disappear or escape (Cambridge Style Guide).
5 Prefer a simpler alternative if appropriate.
example of no change
She often alludes to her early life.
example of change
The judgment alludes to briefly mentions the earlier decision on page 15.
further reading
Blamires’ Plain English p 47 (allusive/elusive)
Cambridge Style Guide pp 195 (delusion or illusion), 236–7 (elusive or allusive)
Fowler’s English Usage p 44 (allusion, allude)
Garner’s Dictionary pp 45–6
Garner’s Legal Style pp 101–2 (allude; elude)
Garner’s Redbook p 185 (allude; advert; elude)
Howard’s Guide p 17 (allude or refer)
Howard’s Handbook p 17 (allude/refer)
Longman English Usage p 29 (allude, elude)
New Oxford Dictionary p 47
Partridge p 15 (allude) and (allusion; reference)
Right Words p 22
Strunk and White p 40 (allude)
Working Words p 27 (allude/elude/evade; allusion/illusion/delusion; allusive/elusive/illusive)
allusion
see—allude and illusion
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–41
A
alter

usage—consider alternatives before using
try—change / amend / modify / no change
extra information
1 Alter and change overlap in their meanings. However, alter may suggest a
relatively slight change.
2 Use amend for changes to legislation.
3 Prefer change or amend if appropriate.
4 Do not use alter in the sense of an amendment, change or modification altering
something.
example of no change
The dressmaker altered the length of the slacks.
examples of change
1 The discovery of gold altered changed the course of history.
2 If an entry in the register is altered changed, ...
3 If a proposed modification of a motor vehicle would alter change its class, …
4 A player may not alter change a wager once all bets have been taken.
further reading
Butterworths Legal Dictionary p 49 (alteration)
Garner’s Redbook p 157
Gowers’ Plain Words p 203
Howard’s Guide p 17 (alter or change)
Howard’s Handbook pp 18–9 (alter/change)
Longman English Usage p 31 (altar/alter)
New Oxford Dictionary p 49
Working Words p 29 (altar/alter)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–42
A
alternate
[also alternately]
[as an adjective]

usage—consider alternatives before using
try—recasting (using take it in turns or every other one in a series)/ alternative /
no change
extra information
Alternate strictly means by turns, or every other one or second in a series—compare
alternative.
examples of no change
1 Cars may be driven only on alternate days.
2 The table was built of alternate layers of wood and glue.
3 alternate directors
example of change
An alternate alternative spelling of judgment is judgement.
further reading
Cambridge Style Guide p 37 (alternate or alternative)
Evans p 118 (alternate/alternative)
Fowler’s English Usage p 45
Garner’s Dictionary p 47 (alternate; alternative)
Garner’s Legal Style p 102 (alternative; alternate)
Garner’s Redbook p 185 (alternative; alternate)
Gowers’ Plain Words pp 203–4 (alternate(ly), alternative(ly))
Howard’s Guide pp 17–8 (alternate or alternative)
Howard’s Handbook p 19 (alternate/alternative)
Hudson p 21 (alternative; alternate)
Longman English Usage p 31 (alternate, alternative)
New Oxford Dictionary pp 49, 50 (alternative)
Partridge p 16 (alternate and alternative), 377 (vogue words)
Right Words pp 23–4 (alternate/alternative)
Strunk and White p 40 (alternate; alternative)
Working Words p 29 (alternate/alternative)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–43
A
alternative
[also alternatively]

usage—consider alternatives before using
try—different / other / new / revised / fresh / or / substitute / alternate /
option / no change
extra information
1 can be a vague word (eg alternative energy, alternative medicine)
2 Alternative means available as another possibility or choice—compare
alternate.
3 Alternative originally meant 1 of 2 choices. However, the word is now used to
mean 1 of any number of choices.
4 Prefer a more precise alternative if appropriate.
5 Use no alternative rather than no other alternative.
examples of no change
1 The alternatives were dishonour or death.
2 I prefer the third of your alternatives.
3 alternative dispute resolution
4 alternative verdict
5 pleading in the alternative
examples of change
1 alternative solar energy [What can be substituted depends on the context.]
2 I want to create an alternative new model.
further reading
Blamires’ Common Errors p 20
Blamires’ Plain English pp 32–3
Blamires’ Queen’s English pp 239–40
Cambridge Style Guide p 37 (alternate or alternative)
Evans p 118 (alternate/alternative)
Fowler’s English Usage pp 45–6
Garner’s Dictionary p 47 (alternate; alternative)
Garner’s Legal Style p 102 (alternative; alternate)
Garner’s Redbook p 185 (alternative; alternate)
Gowers’ Plain Words pp 17, 203–4 (alternate(ly), alternative(ly))
Howard’s Guide pp 17–8 (alternate or alternative), 18 (alternative)
Howard’s Handbook p 19 (alternate/alternative; alternative)
Hudson p 21 (alternative, alternate)
Longman English Usage pp 31 (alternate, alternative), 31–2 (alternative)
New Oxford Dictionary p 50
Partridge pp 16 (alternate and alternative), 17 (alternative and choice), 377 (vogue words)
Right Words pp 23–4 (alternate/alternative)
Strunk and White p 40 (alternate. alternative)
Working Words p 29 (alternate/alternative)
ambiguous
see—ambivalent
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–44
A
ambivalent

usage—consider alternatives before using
try—ambiguous / recasting (using more neutral language, eg mixed feelings or
contradictory ideas) / no change
extra information
1 formal word
2 Ambivalent means wavering or uncertain in direction or tendency. Originally it
meant a psychological state in which a person suffers from irreconcilable
desires. By extension, it may be used to describe a situation involving strong
contradictory or conflicting views. However, it is frequently misused beyond
this.
3 Ambiguous means have more than 1 possible meaning. Ambivalent and
ambiguous are often confused. There is a tendency to consider ambiguous as
derogatory.
4 Ambiguous is sometimes used as a synonym for vague, but this should be
avoided.
5 Prefer a simpler alternative if appropriate.
example of no change
Some loved her, some hated her; few were ambivalent about her.
examples of change
1 The provision was ambivalent ambiguous.
2 She was ambivalent had mixed feelings about the past.
3 The section is so ambivalent ambiguous vague as to be meaningless.
further reading
Blamires’ Plain English p 47 (ambiguous/ambivalent)
Bryson’s Troublesome Words p 10 (ambiguous, equivocal)
Cambridge Style Guide p 39 (ambiguity)
Fowler’s English Usage p 47
Garner’s Redbook p 185 (ambiguous; ambivalent)
Gowers’ Plain Words pp 40, 204
Howard’s Guide p 19 (ambiguity and ambiguous; ambivalence and ambivalent)
Howard’s Handbook p 20 (ambiguous)
Hudson p 23 (ambiguous, ambivalent)
Longman English Usage pp 34–5 (ambiguous, ambivalent)
Melinkoff’s Dictionary p 26 (ambiguity)
New Oxford Dictionary p 52
Partridge p 377 (vogue words)
Right Words p 24 (ambivalent/ambivalence)
Working Words pp 30–1 (ambiguous/ambiguity), 31
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–45
A
ameliorate

usage—consider alternatives before using
try—improve / make better / become better / lessen / mitigate / reduce / no change
extra information
1 formal word
2 Ameliorate means to make or become better. It is not a synonym for lessen or
reduce.
3 Ameliorate is also sometimes confused with counteract or mitigate. You can
ameliorate conditions, but not difficult circumstances.
4 Prefer a simpler alternative if appropriate.
example of no change
ameliorating waste [a technical legal term]
examples of change
1 The court made the order to ameliorate reduce the likelihood of irreparable
injury.
2 The monthly visits ameliorated the isolation she felt made her feel less isolated.
further reading
Garner’s Dictionary p 50 (ameliorate; meliorate)
Garner’s Redbook p 157
Gowers’ Plain Words p 204
Longman English Usage p 35
Partridge p 25
Working Words p 31
amend
see—alter
amend and alter
see—alter
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–46
A
amenity

usage—consider alternatives before using
try—recasting (using agreeable / useful / convenient / comfortable)/ facility / no
change
extra information
1 formal word
2 vogue word to describe facilities (generally of an attractive or desirable kind)
3 Amenity is a concept in planning law.
4 Prefer a more precise, simpler alternative if appropriate.
further reading
Butterworths Legal Dictionary p 52
Fowler’s English Usage p 48
Garner’s Dictionary p 50 (amenability; amenity)
Garner’s Redbook p 185 (amenable; amenity)
Gowers’ Plain Words p 204
Howard’s Guide p 19
Longman English Usage p 35
New Oxford Dictionary p 53
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–47
A
among

usage—consider alternatives before using
try—between / no change
extra information
1 Between should be used to express the relation of a thing to many surrounding
things together and individually. Among should be used to express a relationship
between them collectively and vaguely.
2 Between suggests the idea of separating, and among suggests right in the middle
of.
3 It is not correct that between must be used of 2 things and that among must be
used if there are more. However, among is generally still reserved for situations
where at least 3 things are involved.
examples of no change
1 That view is widely held among electors.
2 She put the cat among the pigeons.
examples of change
1 a treaty among between 4 powers
2 choose among between the 5 candidates
3 among between 2 spouses
further reading
Blamires’ Common Errors pp 22–3
Bryson’s Troublesome Words p 10 (amid, among), 24 (between, among)
Cambridge Style Guide pp 41–2 (amid(st) or among(st)), 84–5 (between or among)
Fowler’s English Usage pp 49 (among, amongst), 106 (between 2)
Garner’s Dictionary pp 53, 105–6 (between A), 857 (superstitions—H. Never use between with
more than two objects)
Garner’s Legal Style p 102 (among; between)
Garner’s Redbook p 189 (between; among)
Gowers’ Plain Words pp 107–8
Howard’s Guide p 46 (between or among)
Howard’s Handbook p 49 (between; between/among)
Longman English Usage p 37 (among(st))
Oxford English Usage p 121 (between)
Partridge p 48 (between and among)
Strunk and White p 40 (among. between)
Working Words p 32 (among/between)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–48
A
amongst

usage—avoid using if possible
try—among / between
extra information
1 becoming an archaism (although opinions are divided about this)
2 If possible, use an alternative.
further reading
Cambridge Style Guide pp 41–2 (amid(st) or among(st))
Fowler’s English Usage p 49 (among, amongst)
Garner’s Dictionary p 53 (among A)
Howard’s Guide p 20 (among or amongst)
Howard’s Handbook pp 21–2 (among/amongst/amid/amidst)
Partridge p 26 (among and amongst; among(st); amid, amidst; while, whilst)
Right Words p 25 (among/amongst)
Working Words p 32 (among/amongst)
amount equal to (the)

usage—avoid using if possible
try—omitting
extra information
verbosity
example of change
the amount equal to the difference between
analogous

usage—consider alternatives before using
try—like / similar / no change
extra information
1 formal word
2 Prefer like or similar if appropriate.
examples of change
1 Analogous Like situations should be treated in a like way.
2 His handwriting is analogous similar to mine.
further reading
Fowler’s English Usage p 51
Garner’s Dictionary p 54 (analogous; analogical)
Gowers’ Plain Words p 205
Longman English Usage pp 38–9
Partridge p 27 (analogous and similar)
Right Words p 26 (analogy/analogous)
Working Words p 33 (analogy/analogous)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–49
A
analysis
see—in the final/last/ultimate analysis
and

usage—consider alternatives before using
try—recasting / both … and / no change / omitting and starting a new sentence
extra information
1 And should be used only in a conjunctive sense, ie to join matters.
2 However, and has been judicially interpreted in a disjunctive sense. If necessary,
the conjunctive sense of and can be made more certain by recasting or using
both … and (see both).
3 In appropriate cases, and can be used to begin a provision equivalent to a
subsection to indicate that what the provision says is in addition to what the
previous provision says. Also can be used in the same way and is often
preferred. See also in addition to.
4 It is incorrect to write and which (and similar expressions such as and who, and
where, but which and or which) except by way of introducing a second relative
clause with the same antecedent as the one that has just preceded it. If possible,
avoid the use of and which and similar expressions.
5 And should be used to join units of the same kind and not, for example, unequal
phrases (see example 2, examples of change).
6 Nouns joined by and require a plural verb form unless they are considered a
unit, eg Hide and seek was fun.
7 If and joins 2 different concepts, consider making 2 sentences out of them.
8 Do not substitute while for and just to vary the connective.
examples of change
1 buyers who are both wholesaler and retailer
2 Please get me a hammer, and some nails, and be quick.
3 The presentation, which was the best so far this year and which high officials
attended, lasted more than 2 hours. [It would be preferable to recast using
2 sentences]
further reading
Asprey pp 187–192 (And and or)
Blamires’ Common Errors pp 24–5
Blamires’ Plain English pp 199–200
Blamires’ Queen’s English pp 158–62, 170, 171, 173
Bryson’s Troublesome Words pp 10 (and), 10–1 (and which)
Cambridge Style Guide p 46
Cwlth Style Manual, pp 71 (Compound subjects), 72 (And or but to start a sentence)
Fowler’s English Usage pp 52–3
Garner’s Dictionary pp 55–6
Garner’s Legal Style pp 19, 51–2, 65, 70
Gowers’ Plain Words pp 98 (sentences beginning with and), 98–100 (And which), 188 (and which)
Howard’s Guide pp 22–3
Howard’s Handbook p 24
Hudson pp 27–8
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–50
A
and [continued]
Longman English Grammar pp 83-4 (Sentence/turn-initial coordinators)
Longman English Usage pp 39–41
Melinkoff’s Dictionary p 27
New Oxford Dictionary p 61
NZ Legislation Manual p 41
Partridge pp 27-8 (and to and yet which)
Strunk and White pp 10, 25–6, 63
Working Words pp 34–5, 35–6 (and which)
and authority
see—power and/or authority
and complete
see—full and complete
and completely
see—entirely and completely
and discharge
see—pay, satisfy and discharge; perform and discharge; relieve and discharge
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–51
A
and / or

usage—avoid using if possible
try—or / and / recasting (using A or B or both)
extra information
1 And/or is a way of giving 3 alternatives by only mentioning 2, ie A and/or B
means A alone, B alone or both A and B. If it involves more than 2 items, the
reader may have to think too much about the alternatives.
2 Use an alternative.
further reading
Asprey pp 192–3
Cambridge Style Guide p 47
Cutts p 32
Cwlth OPC Plain English p 17 (in support)
Dick pp 107–11
Evans p 119
Fowler’s English Usage p 53
Garner’s Dictionary pp 56–7
Garner’s Legal Style pp 31, 102–3
Garner’s Redbook p 43
Gowers’ Plain Words pp 16, 188
Howard’s Guide p 23
Howard’s Handbook p 24
Mellinkoff’s Dictionary p 28
Longman English Usage p 41
Partridge p 27
Strunk and White p 40
Working Words p 35
angle

usage—consider alternatives before using
try—recasting / approach / no change
extra information
1 Angle, like point of view, standpoint and viewpoint, can be useful if
appropriately used. However, it is sometimes a lazy and clumsy way of saying
something that could be said more precisely.
2 Do not use angle in the sense of approach or technique.
example of no change
The buildings met at right angles.
examples of change
1 Uninsulated windows are unsatisfactory from every angle in every respect. [It
would be better if reasons were given.]
2 She found a new angle approach to deal with the problem.
further reading
Fowler’s English Usage p 54
Gowers’ Plain Words pp 61–2
Howard’s Guide p 23
Longman English Usage p 42
Partridge pp 28, 330 (standpoint; point of view; viewpoint; angle and slant)
Right Words p 27
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–52
A
annex /
annexe

usage—consider alternatives before using
try—attach / join / add / take (without permission) / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
3 The verb is always spelt annex. The noun is spelt annexe.
example of no change
the building annexe
example of change
A copy of the convention is annexed attached.
further reading
Fowler’s English Usage p 55
Garner’s Dictionary pp 59, 369 (formal words)
Howard’s Guide p 24
Howard’s Handbook p 25
New Oxford Dictionary p 67
Partridge p 28
Working Words p 36 (annex/annexe)
annum
see—per annum
another person

usage—consider alternatives before using
try—anyone else / someone else / no change
extra information
1 formal phrase
2 Prefer anyone else or someone else if appropriate.
examples of change
1 the actual offender may have been another person someone else
2 A proceeding may be brought against the person who did the act or another
person anyone else knowingly concerned in the doing of the act.
further reading
Bryson’s Troublesome Words p 12 (another)
antagonist
see—protagonist
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–53
A
anticipate
[also anticipation]

usage—consider alternatives before using
try—expect / foresee / predict / no change
extra information
1 It has been suggested (eg by Gowers and Garner) that anticipate should not be
used as a synonym for expect and that anticipate should be used to convey the
idea of forestalling an event or foreseeing an event and doing something about it
before it happens. On this approach, anticipate is used only with a noun or
pronoun, never with an infinitive or that-clause.
2 Although anticipate is now frequently used as synonym for expect, the better
approach is to use anticipate only in the narrower sense suggested above.
examples of no change
1 They anticipated every threat.
2 He spent in anticipation of next fortnight’s salary.
3 They anticipated their competitors by releasing their new product first.
4 anticipatory breach
example of change
It is anticipated expected that an instruction will be issued tomorrow.
further reading
Blamires’ Plain English p 20
Bryson’s Troublesome Words pp 12–3
Cutts p 32
Fowler’s English Usage pp 56–7
Garner’s Dictionary p 63
Garner’s Redbook p 186 (anticipate; expect)
Gowers’ Plain Words pp 33, 51, 205
Howard’s Guide p 25 (anticipate or expect)
Howard’s Handbook p 26 (anticipate/expect)
Hudson p 31
Longman English Usage p 46
New Oxford Dictionary p 71
Partridge pp 28–9 (anticipate and expect)
Right Words pp 28–9
Strunk and White pp 40–1
Working Words p 37
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–54
A
antithetical

usage—avoid using if possible
try—against / opposite / opposed / mutually incompatible / directly opposed
extra information
1 formal word
2 can be a formal word for against or opposed
3 If possible, use a simpler alternative.
examples of change
1 His behaviour was antithetical to against [or breached] the firm’s code of ethics.
2 Your beliefs are antithetical directly opposed to mine.
further reading
Fowler’s English Usage p 57 (antithesis)
Garner’s Dictionary p 65
Garner’s Legal Style pp 158–9 (antithesis)
Gowers’ Plain Words p 205
Longman English Usage p 44
New Oxford Dictionary p 73
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–55
A
any

usage—consider alternatives before using
try—a / an / each / the / 1 or more / 2 or more / omitting / recasting / no change
extra information
1 Any is frequently overused in drafting.
2 Use any (or if any) to indicate the possibility that there will not be any. Any may
also be used (sparely) for emphasis.
3 Any may be ambiguous. In some contexts it can mean every.
4 Any should not be followed by a negative verb.
5 Any may be either singular or plural, but the singular usage is rarer.
see also—any act, matter or thing; any and all; any other; at any time; if any
examples of no change
If, for any reason, it is not practicable to comply with subsection (1), …
examples of change
1 without any a resolution of the merging council
2 in giving any information or advice to the Minister, …
3 a person who exercises any of the powers a power of the owner
4 The authority may remove any a buoy that is obstructing navigation.
5 The committee may be given any 1 or more of the following functions in a
reference: …
6 A licence may authorise the licensee to do any 1 or more of the following
things:
further reading
Asprey pp 165–6, 220 (any, each, every and all)
Blamires’ Common Errors p 26
Bryson’s Troublesome Words p 13
Dick p 143
Fowler’s English Usage pp 57–9
Garner’s Dictionary pp 26 (adjectives G), 65
Garner’s Legal Style p 188 (any and all)
Garner’s Redbook p 163 (any and all in doublets)
Hudson p 31
Longman English Grammar p 184
Longman English Usage p 45
NZ Legislation Manual p 41
Partridge p 29
any act, matter or thing

usage—never use
try—anything
extra information
1 Any act, matter or thing is a triplet.
2 Use an alternative.
see also—thing
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–56
A
any and all / any or all

usage—never use
try—all / any / each / 1 or more of / (2 or more of) / recasting
extra information
1 unclear
2 Use an alternative.
examples of change
1 The Minister may appoint the same person to any and all 2 or more of the
following offices: … [if the power to appoint exists elsewhere]
2 The Minister may appoint a person to any and all 1 or more of the following
offices: … [if the provision contains the power to appoint]
further reading
Garner’s Dictionary p 65
Garner’s Legal Style p 188
Garner’s Redbook p 163 (doublets)
any other

usage—consider alternatives before using
try—another / recasting (using eg anyone else / someone else / any) / no change
example of no change
any other interest [if another interest may or may not exist]
examples of change
1 the actual offender may have been any other person someone else
2 A proceeding may be brought against the person who did the act or any other
person anyone else knowingly concerned in the doing of the act.
3 address for service, for a plaintiff, defendant or any other person anyone else,
means...
further reading
Dickerson p 131
Howard’s Guide p 26 (any or any other)
Howard’s Handbook p 27 (any/any other)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–57
A
apparent

usage—consider alternatives before using
try—clear / plain / obvious / recasting / no change
extra information
Prefer a simpler alternative if appropriate.
examples of no change
1 His apparent lack of concern masked his real feelings.
2 apparent authority
example of change
She laughed for no apparent obvious reason.
further reading
Fowler’s English Usage p 62
Garner’s Dictionary p 66
Garner’s Redbook p 157
Gowers’ Plain Words p 205
Mellinkoff p 20 (agency; apparent authority)
New Oxford Dictionary p 78
appear
see—it appears that / it would appear that
append

usage—never use
try—attach / give with / recasting (using eg at the end / add to the end)
extra information
1 formal word
2 If possible, use a simpler alternative.
example of change
The results of the survey are appended to at the end of the chapter.
further reading
Garner’s Dictionary p 369 (formal words)
New Oxford Dictionary p 79
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–58
A
applicable

usage—avoid using if possible
try—that applies / applying / suitable / relevant / appropriate / recasting
extra information
1 formal word
2 If possible, use a simpler alternative.
examples of change
1 prudential standards applicable applying to the insurance industry
2 The Act is not applicable to does not apply to the transaction.
further reading
Fowler’s English Usage p 63
Garner’s Dictionary p 68
application
see—make application
applies
see—to which this [provision] applies
appoint
[for date / time]

usage—consider alternatives before using
try—fix / set / decide / recasting / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
example of change
the date appointed set for the directions hearing [or the date of the directions
hearing]
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–59
A
appraise

usage—consider alternatives before using
try—apprise / value / assess (the value, quantity or performance of) / estimate
(the value or quantity of) / set a price (for) / no change
extra information
1 formal word
2 For the use of appraise and apprise, see apprise.
3 Prefer a simpler alternative if appropriate.
examples of change
1 The valuer appraised assessed the land’s unimproved value at $90 000.
2 The dealer appraised estimated that the vase would be worth at least $1 000.
further reading
Blamires’ Plain English p 48 (appraise/apprise)
Blamires’ Queen’s English p 230 (appraise; apprise)
Bryson’s Troublesome Words p 14 (appraise, apprise)
Fowler’s English Usage p 63 (appraise, apprise)
Garner’s Dictionary pp 69–70 (appraise; apprise)
Garner’s Legal Style p 103 (appraise; apprize; apprise)
Garner’s Redbook p 187 (appraise; apprise; apprize)
Gowers’ Plain Words pp 205–6 (appraise, apprise)
Howard’s Guide p 28 (appraise, assess or estimate)
Longman English Usage p 52 (appraise, apprise)
New Oxford Dictionary pp 80 (appraise), 81
Partridge p 30 (appraise; apprise; apprize)
Right Words p 34 (appraise/apprise)
Working Words p 43 (appraise/apprise)
appreciable

usage—consider alternatives before using
try—considerable / substantial / significant / recasting (using more precise
words) / omitting / no change
extra information
1 vague word
2 Prefer a simpler, more precise alternative if appropriate.
example of change
Its cost was appreciable It was expensive.
further reading
Gowers’ Plain Words p 52
Howard’s Guide p 28
Howard’s Handbook p 30
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–60
A
appreciate

usage—consider alternatives before using
try—understand / realise / recognise / (be) grateful (for) / (be) pleased / increase
(in value) / value (highly) / omitting / no change
extra information
1 vogue word
2 often used as part of padding, eg ‘I would appreciate an early reply.’
3 can be mild pomposity, eg ‘I appreciate how difficult it is for you to meet the
target.’
4 Avoid using if sympathy or value is not to be implied.
5 Prefer a simpler alternative if appropriate.
example of no change
The staff don’t feel appreciated. [just joking!]
examples of change
1 I appreciate understand how difficult this is for you.
2 I would appreciate be grateful for any information you can give me.
3 They expected the house to appreciate increase in value.
4 They failed to appreciate recognise the pressure she was under.
further reading
Bryson’s Troublesome Words p 14
Fowler’s English Usage pp 63–4
Garner’s Dictionary p 70
Gowers’ Plain Words p 206
Howard’s Guide p 28
Longman English Usage pp 52–3
New Oxford Dictionary pp 80–1
Partridge p 30
Right Words pp 34–5
Working Words p 43
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–61
A
apprehend

usage—consider alternatives before using
try—arrest / detain / seize / become aware / understand / comprehend / perceive
/ grasp / believe / anticipate / suppose / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
3 It is apprehended that is officialese.
see also—it is apprehended that
example of no change
apprehended violence order
examples of change
1 A warrant has been issued for his arrest but he has not yet been
apprehended arrested.
2 He could barely apprehend understand the exam question.
further reading
Blamires’ Common Errors p 30 (apprehend/comprehend)
Butterworths Legal Dictionary p 66 (apprehension)
Fowler’s English Usage p 64 (apprehend, comprehend)
Garner’s Dictionary p 70 (apprehend; comprehend)
Howard’s Guide p 28 (apprehend or comprehend)
Howard’s Handbook pp 30–1 (apprehend/comprehend)
Longman English Usage p 53 (apprehend, comprehend)
New Oxford Dictionary p 81
Partridge pp 30 (apprehended that, it is), 285 (reprehend)
Working Words p 43 (apprehend/comprehend)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–62
A
apprise

usage—avoid using if possible
try—tell / inform / appraise
extra information
1 formal word
2 Appraise and apprise are sometimes confused. To appraise is to fix the value of
something or to assess the value of someone or something. By contrast, to
apprise is to tell someone about something.
example of change
I thought it right to apprise you of tell you what happened.
further reading
Blamires’ Plain English p 48 (appraise/apprise)
Blamires’ Queen’s English p 230 (appraise; apprise)
Bryson’s Troublesome Words p 14 (appraise, apprise)
Cutts p 27
Fowler’s English Usage p 63 (appraise, apprise)
Garner’s Dictionary pp 69–70 (appraise; apprise)
Garner’s Legal Style p 103 (appraise; apprize; apprise)
Garner’s Redbook pp 161, 187 (appraise; apprise; apprize)
Gowers’ Plain Words pp 205–6 (appraise, apprise)
Longman English Usage p 52 (appraise, apprise)
New Oxford Dictionary pp 80 (appraise), 81
Partridge p 30 (appraise; apprise; apprize)
Right Words p 34 (appraise/apprise)
Working Words p 43 (appraise/apprise)
appropriate
[as an adjective]

usage—consider alternatives before using
try—right / suitable / proper / recasting (using more precise words) / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate.
see also—as appropriate
further reading
Gowers’ Plain Words pp 206–7
Longman English Usage p 53
Words and Phrases: A Guide to Plain Legal Language
October 2006
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A
approximately
[also approximate]

usage—avoid using if possible
try—about / roughly / nearly / almost
extra information
1 formal word
2 Prefer about for approximations.
3 Approximately about is a tautology.
4 Approximate means very close. An approximate estimate is one that need not be
exact, but should be as near to exact as you can conveniently make it.
5 Never use very approximate.
example of change
It cost approximately about $20.
further reading
Bryson’s Troublesome Words pp 14–5 (approximate)
Evans p 119
Garner’s Dictionary pp 8 (about; approximately), 71 (approximate; approximal; proximate;
approximately), 369 (formal words)
Garner’s Redbook p 157
Gowers’ Plain Words p 207
Partridge p 30
are
see—is/are not to; is/are to
area

usage—consider alternatives before using
try—activity / topic / recasting (using more precise words, eg matter/issue) / no
change
extra information
Avoid using area as an omnibus word. For more information, see kind.
examples of no change
1 the area health board
2 the area of a square
example of change
1 There are a number of areas in which the draft might be improved. The draft
might be improved in several ways.
2 Lack of water is another area of issue for concern.
further reading
Blamires’ Common Errors p 31
Blamires’ Plain English p 34
Blamires’ Queen’s English p 220
Garner’s Legal Style p 205
New Oxford Dictionary p 87
Words and Phrases: A Guide to Plain Legal Language
October 2006
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A
arguably

usage—consider alternatives before using
try—recasting (using neutral words, eg regarded as) / possibly / no change
extra information
1 Sentence adverb. For example ‘She is arguably the greatest woman golfer of all
time.’ See also hopefully, regretfully and thankfully.
2 Prefer a more neutral alternative if appropriate.
3 ambiguous
further reading
Blamires’ Common Errors pp 31–2 (arguable)
Fowler’s English Usage pp 66, 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
Longman English Usage p 55
New Oxford Dictionary p 88
Right Words p 36 (arguable)
argue
see—would argue
arising

usage—consider alternatives before using
try—recasting (using eg because of / resulting from) / omitting / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate.
examples of no change
1 arising out of or in the course of employment
2 arising under the Constitution
examples of change
1 each question arising for decision to be decided
2 any shortfall arising because the levy is not enough
further reading
Blamires’ Common Errors p 32 (arising out of)
Gowers’ Plain Words p 4 (arise)
Partridge p 36 (conjunctions disguised)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–65
A
around

usage—consider alternatives before using
try—about / roughly / nearly / almost / no change
extra information
Prefer about for approximations.
see also—approximately
examples of no change
1 He looked around the room.
2 The mountains towered all around.
example of change
Around About 50 people attended the meeting.
further reading
Blamires’ Common Errors p 32
Fowler’s English Usage pp 67–8 (around, round)
Garner’s Dictionary p 75
Gowers’ Plain Words p 207
Howard’s Guide p 2 (about, around, round)
Howard’s Handbook p 3 (about/around/round)
Longman English Usage pp 56–7
New Oxford Dictionary p 91
Partridge p 36
Working Words pp 7 (about/around), 46 (around/round)
as

usage—consider alternatives before using
try—when / while / since / because / for / like / omitting / no change
extra information
As should generally not be used in the temporal sense of while or when, or in the
sense of since or because. Its use in these senses may be ambiguous (see examples
of change, example 2).
see also—as a consequence of; as and from; as and when; as appropriate; as a/the
result of; as at present advised; as concerns / as regards / as respects; as/so far as
… is/are concerned; as from; as is often the case; as/so long as; as of; as of now /
as of today; as on and from; as per; as provided by; as regards; as soon as is
possible/practicable; as soon as possible; as soon as is practicable; as soon as
reasonably possible/practicable; as such; as the case may be/requires; as the case
may require; as to/for; as to whether/who/what/how etc; as well as … both; as
yet/as of yet; at least as/so far as … is/are concerned; during such time as; except
as/where otherwise provided/indicated; in as much as; in so much as; regarded as
being; until such time as
examples of change
1 As While they were working, they saw the truck arrive.
2 They stopped fighting as when [or because] the police arrived.
Words and Phrases: A Guide to Plain Legal Language
October 2006
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A
as [continued]
3 As Because no-one else wanted to do it, I had to. (better as: I had to do it
because no-one else wanted to.)
further reading
Blamires’ Common Errors pp 32–4
Blamires’ Plain English pp 175–6 (Mismatches After as), 217–8
Bryson’s Troublesome Words pp 16 (as … as), 118 (like, as)
Cambridge Style Guide p 61
Fowler’s English Usage pp 68–72
Garner’s Dictionary pp 77–8, 78 (as … as A. And so … as)
Garner’s Legal Style pp 103–4
Garner’s Redbook pp 219 (like; as), 235 (since; because; as)
Gowers’ Plain Words pp 100–1
Howard’s Guide p 32
Howard’s Handbook p 34
Hudson pp 36–7
Longman English Usage pp 58–61
New Oxford Dictionary pp 95–6
Partridge pp 36–7
Style Manual p 103
Working Words pp 47–8, 48 (as/since/because/for)
as a consequence of

usage—avoid using if possible
try—because of / recasting (using so or therefore)
extra information
1 compound preposition
2 If possible, use an alternative.
examples of change
1 if, as a consequence of the operation because of section 4, …
2 as a consequence because of the rain
further reading
Cutts p 27
Garner’s Redbook p 159
Gowers’ Plain Words pp 55, 216
New Oxford Dictionary p 391 (consequence)
as and from

usage—never use
try—from / after / on and after / recasting (using eg 6 months beginning on)
extra information
1 doublet
2 compound preposition
3 Use an alternative.
further reading
Gowers’ Plain Words p 60
Words and Phrases: A Guide to Plain Legal Language
October 2006
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A
as and when

usage—avoid using if possible
try—when / whenever / if / as / recasting
extra information
1 doublet
2 compound preposition
3 Use as and when only in cases where it is necessary to emphasise that
something happens in stages.
see also—if and when; unless and until
further reading
Cutts p 32
Fowler’s English Usage p 70 (as 6)
Garner’s Dictionary pp 78–9
Gowers’ Plain Words pp 60–1
Howard’ Guide p 32 (as and when and if and when)
Howard’s Handbook pp 34–5 (as and when/if and when)
New Oxford Dictionary p 95 (as)
Partridge p 37
as appropriate

usage—never use
try—omitting / as the case requires / as the case may be
extra information
1 legalese
2 Use an alternative.
3 Omit. Use as the case requires or as the case may be only if absolutely
necessary—see as the case may be/requires.
example of change
outside the time allowed under section 15 (1), (2) or (3), as appropriate [or under
section 15].
Words and Phrases: A Guide to Plain Legal Language
October 2006
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A
as a / the result of

usage—consider alternatives before using
try—because of / recasting / no change
extra information
1 compound preposition
2 Prefer because of if appropriate.
examples of change
1 If a dispute arises as a result because of the application of the rules, …
2 If information indicating that an offence may have been committed is obtained
as a result because of a random sample, ...
3 Some of the difficulties are as a result of because of the wet winter.
further reading
Blamires’ Common Errors p 34
Evans p 120
Gowers’ Plain Words p 260
Howard’s Guide p 32
Howard’s Handbook p 35
as at present advised

usage—never use
try—recasting / omitting
extra information
1 officialese
2 Use an alternative.
further reading
Garner’s Dictionary p 79 (as at)
Gowers’ Plain Words p 42
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–69
A
ascertain

usage—avoid using if possible
try—find out / decide / determine / work out / calculate / learn
extra information
1 formal word
2 Ascertain means to find out in order to know for certain and is not a synonym
for find out.
3 If possible, use a simpler alternative.
examples of change
1 The amount of the grant is to be ascertained worked out using the formula.
2 The person could not ascertain find out who was in the vehicle.
3 a contingent interest, whether or not the limitation of the interest is
ascertained known
further reading
Cutts p 27
Garner’s Redbook p 157
Gowers’ Plain Words p 208
Hudson p 305 (ploddery)
Longman English Usage p 62
Working Words p 49
as concerns /
as regards /
as respects

usage—never use
try—for / about / regarding / concerning / respecting / in relation to /
omitting / recasting
extra information
1 compound preposition
2 often indicates verbosity
3 If possible, use an alternative.
example of change
As regards to content, the program The program will cover important current
issues.
further reading
Fowler’s English Usage p 663 (regard)
Garner’s Legal Dictionary p 81 (as regards; as respects; as concerns)
Garner’s Redbook p 159 (as regards)
Gowers’ Plain Words pp 55–6 (as regards)
Howard’s Guide p 33 (as regards)
Howard’s Handbook p 36 (as regards)
New Oxford Dictionary p 1561 (regards)
Strunk and White p 49 (in regard to)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–70
A
as / so far as … is / are concerned

usage—never use
try—on / for / to / recasting
extra information
1 verbose, vague
2 If possible, use a simpler alternative.
see also—at least as far … is/are concerned; in so far as/insofar as
examples of change
1 The available punishments may not be a serious deterrent as far as convicted
persons are concerned for convicted people.
2 The measures are not relevant as far as inflation is concerned to inflation.
3 So far as I am concerned To me [or For me]
4 The regulation has had no effect so far as the industry is concerned on the
industry.
further reading
Fowler’s English Usage pp 169 (concerned), 284 (far 4)
Garner’s Dictionary p 79 (as far as)
Garner’s Legal Style pp 103–4
Gowers’ Plain Words pp 58–9
Hudson p 36 (as)
Longman English Usage pp 158–9 (concerned)
New Oxford Dictionary p 380 (concerned)
Right Words p 38 (as far as)
as for
see—as to/for
as from

usage—avoid using if possible
try—from / after / on and after / recasting (using eg 6 months beginning on)
extra information
1 compound preposition
2 As from may be ambiguous and should be used, if at all, with care.
3 Except when dealing with a retrospective date, the as in as from is a redundancy
(but see LA, s 151 (3) (Working out periods of time generally)).
4 If possible, use an alternative.
see also—as of
further reading
Fowler’s English Usage p 70 (as 7)
Garner’s Dictionary p 79
Gowers’ Plain Words p 60
Howard’s Guide p 32 (as from and as of)
Howard’s Handbook p 35 (as from/as of)
Longman English Usage p 60 (as 11)
New Oxford Dictionary p 95 (as)
Working Words p 47 (as)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–71
A
as is often the case

usage—never use
try—often / recasting / omitting
extra information
1 verbosity
2 Use an alternative.
further reading
Garner’s Legal Style p 106
Partridge p 38
as of

usage—consider alternatives before using
try—on / by the time / recasting (using eg when)
extra information
1 As of can indicate the effective legal date of a document, eg when the document
is backdated or the parties sign at different times (Garner)
2 In other cases on or a more direct alternative, eg when, should be used.
see also—as from; as of now
examples of change
1 She was admitted to practice as of on 5 April 1980.
2 His injury had not stabilised as of when by the time he was discharged from
hospital.
further reading
Fowler’s English Usage p 70 (as 7)
Garner’s Dictionary p 80 (as of A)
Howard’s Guide p 32 (as from and as of)
Howard’s Handbook p 35 (as from/as of)
Longman English Usage p 60 (as 11)
as / so long as

usage—consider alternatives before using
try—while / only if
extra information
1 compound preposition that often implies a condition
2 Prefer a simper alternative if appropriate.
example of no change
They have lived here as long as anyone can remember.
example of change
The board may keep a document for as long as while it is necessary for the inquiry.
further reading
Fowler’s English Usage p 468 (long)
Garner’s Dictionary p 80
New Oxford Dictionary p 1087 (long)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–72
A
as of now /
as of today

usage—never use
try—now / up to the present time / from now / up to now / for the present
extra information
1 compound preposition that has been criticised
2 Use an alternative.
further reading
Fowler’s English Usage p 70 (as 7)
Garner’s Dictionary p 80 (as of C)
Garner’s Legal Style p 104 (as of yet)
Gowers’ Plain Words p 184
Howard’s Guide p 32 (as from and as of)
as on and from

usage—never use
try—from / after / on and after / recasting (using eg 6 months beginning on)
extra information
1 compound preposition and doublet
2 Use an alternative.
3 See LA, s 151 (2) (Working out periods of time generally)).
aspect

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 Aspect has the same traps for writers as angle, point of view, standpoint and
viewpoint. Its use can lead to vagueness.
2 Avoid using aspect as an omnibus word. See also kind.
3 Prefer a more precise alternative if appropriate.
see also—angle; point of view; standpoint; viewpoint
examples of no change
1 The financial aspect of the proposal needs to be examined carefully.
2 The house had a northern aspect.
example of change
She was not a success from a business aspect business success.
further reading
Blamires’ Common Errors p 38
Blamires’ Plain English pp 34–5
Blamires’ Queen’s English pp 220–1
Cutts p 43
Garner’s Legal Style pp 32 (vague word), 205 (omnibus word)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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A
aspect [continued]
Gowers’ Plain Words p 62
Longman English Usage p 62
New Oxford Dictionary pp 98–9
Partridge pp 4 (abstract nouns), 39
as per

usage—never use
try—according to / in accordance with / through / by / as / recasting
extra information
1 commercialese
2 Use an alternative.
examples of change
1 The executor distributed the estate as per in accordance with the will.
2 as per usual
3 I enclose the forms as per our conversation discussed.
further reading
Blacks p 122 (as per)
Cutts pp 32–3
Fowler’s English Usage p 71 (as 10)
Garner’s Dictionary pp 80–1
Garner’s Legal Style p 104
New Oxford Dictionary p 1376 (per)
Partridge p 38
as provided by

usage—avoid using if possible
try—under
extra information
1 compound preposition
2 If possible, use an alternative.
example of change
bankrupt as provided by under the Bankruptcy Act 1966
as quickly as possible
see—as soon as possible
as quickly as practicable
see—as soon as practicable
Words and Phrases: A Guide to Plain Legal Language
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A
assign
[as a verb]

usage—consider alternatives before using
try—transfer / give / allocate / appoint / designate / set aside / no change
extra information
1 formal word
2 technical legal term for transfer of rights in personal property and leases
(transfer is the proper term for real property (see Mellinkoff’s Dictionary))
3 However, the term is also used in a legal context as a synonym for transfer in a
general sense; in these cases transfer should be used instead.
4 Prefer a simpler alternative if appropriate.
see also—transfer and assign
example of no change
The rights in the contract are assigned on the date the instrument of acceptance is
signed.
examples of change
1 He was assigned given the task of returning the company to profitability.
2 The company assigned set aside a large amount to cover claims made against it.
3 She assigned transferred her rights under the option to her mother.
further reading
Blacks p 127 (assign)
Butterworths Legal Dictionary pp 79–80 (assignment)
Garner’s Dictionary pp 83, 369 (formal words)
Garner’s Redbook p 165 (assignment in terms of art)
Howard’s Guide p 33 (assign or transfer)
Howard’s Handbook p 36 (assign/transfer)
Mellinkoff’s Dictionary pp 36-7
New Oxford Dictionary p 101
assign
[as a noun]

usage—never use
try—assignee / omitting / recasting
extra information
1 Assignee is the more commonly understood word.
2 Assign is usually only used in the plural in the doublet heirs and assigns.
3 Use an alternative.
4 It is usually unnecessary to define a person to include the person’s assignees.
see also—heirs, executors, administrators, successors and assigns
further reading
Blacks p 127 (assignee)
Dick p 131
Garner’s Dictionary p 83 (assign; assignee)
Law Words 1995 pp 38–40 (heirs, executors, administrators, successors and assigns)
LA, s 168
Mellinkoff’s Dictionary p 37
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–75
A
assist
[also assistance]

usage—consider alternatives before using
try—help / encourage / recasting / no change
extra information
1 Assist is often a formal way of saying help and may sound pretentious. Assist
usually suggests less physical involvement in performing a task than help. You
normally assist someone in doing something, but you help them to do
something.
2 Prefer help or encourage if appropriate.
see also—be of assistance; provide assistance
examples of no change
1 The registrar need not assist a person who wishes to copy the document.
2 a device to assist in fixing a ship’s position
3 fund, or assist in other ways, the provision of rehabilitation services
4 The chief executive must provide the staff necessary to assist the tribunal.
5 The chief executive has the function of assisting the community to set up
programs for the prevention of child abuse.
6 The chief executive also has the function of providing information to people
who are required to report cases of child abuse to assist them in performing their
legal duty.
examples of change
1 A lifesaver must go as quickly as possible to the assistance of help a person in
distress.
2 An insurer must provide all reasonable help to assist for the inspection.
3 The approved provider must assist help the care recipient to understand the
terms of the agreement.
further reading
Cutts p 27
Fowler’s English Usage pp 73–4
Garner’s Dictionary p 83 (assist; assistance)
Garner’s Redbook p 157 (assist; assistance)
Longman English Usage p 63 (assist, assistance)
New Oxford Dictionary p 101
Partridge p 39 (assist to)
association
see—in association with
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–76
A
as soon as is possible / practicable

usage—never use
try—as soon as possible / as soon as practicable / recasting (mentioning a
period, eg within 14 days)
extra information
1 verbosity
2 Use an alternative.
as soon as possible

usage—consider alternatives before using
try—as soon as practicable / recasting (mentioning a period, eg within 14 days) /
no change
extra information
1 Vines v Djordjevitch (1995) 91 CLR 512 at 522 (High Ct):
What does ‘as soon as possible’ mean? Presumably, ‘as soon as
possible’ requires a higher degree of expedition [than a requirement
for notice within a reasonable time]. Perhaps the most satisfactory
paraphrase is to say with all reasonable expedition of which the
circumstances allow.
2 Amann Aviation Pty Ltd v Commonwealth (1997) 92 ALR 600 at 632 (Full Fed
Ct), applying Verelst’s Administrative v Motor Union Insurance Co Ltd [1925]
2 KB 137 at 142, per Roche J:
The words ‘as soon as possible’ express a relative concept; possibility
must be measured by reference to limiting factors.
3 Wills v Whiteside; Ex parte Wills [1987] 2 Qd R 284 at 288, per Andrews CJ;
see also Martin v R (1975) 7 ACTR 1 at 3, per Joske J
‘As soon as possible’ does not mean ‘as soon as practicable’. It is a
more stringent requirement.
examples of no change
1 If a declaration commences before it is notified under the Legislation Act, the
Minister must give notice of the declaration to the required media as soon as
possible after the declaration is made.
2 Before making a declaration, the utility must tell the Minister as soon as
possible of its intention to make the declaration.
3 The person in charge of a school must, as soon as possible, tell the chief health
officer if the person in charge knows or suspects that a member of staff of the
school has a vaccine preventable disease.
further reading
Butterworths Legal Dictionary p 77 (as soon as reasonably possible)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–77
A
as soon as practicable

usage—consider alternatives before using
try—as soon as possible / recasting (mentioning a period, eg within 14 days) / no
change
extra information
1 Wills v Whiteside; Ex parte Wills [1987] 2 Qd R 284 at 288, per Andrews CJ:
It is my clear view that ‘as soon as practicable’ does not mean ‘as
soon as possible’. There is a plain distinction in meaning between
these phrases according to the ordinary usage of the terminology
involved. Although the terms in each phrase are not terms of precise
meaning, it is plain enough that ‘as soon as possible’ in the ordinary
course of events means something different from ‘as soon as
practicable’. In my view, the former phrase applies a more stringent
requirement to a person making the appropriate request:.
2 Wills v Whiteside, above, at 288, per Andrews CJ:
‘As soon as practicable’ means ‘as soon as reasonably practicable’.
see also—Williams v R (1986) 161 CLR 278 at 313, per Wilson and Dawson JJ
3 Creely v Ingles [1969] VR 732 at 734, per Little J; Wills v Whiteside, above, at
295, per Demack J
The phrase ‘as soon as practicable’ is one that defies definition, but it
involves an element of flexibility and is a matter of fact that must be
determined in light of all the circumstances
see also—Tampion v Chiller [1970] VR 361 at 364, per Anderson J
as soon as reasonably possible / practicable

usage—never use
try—as soon as possible / as soon as practicable / recasting (mentioning a
period, eg within 14 days)
extra information
1 verbosity
2 Use an alternative.
further reading
Butterworths Legal Dictionary p 77 (as soon as reasonably possible)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–78
A
as such

usage—avoid using if possible
try—omitting / in principle / in itself / thus / so / recasting
extra information
1 usually a redundancy
2 The meaning of as such can be ambiguous.
3 If possible, use an alternative.
4 not a synonym for thus or so far
examples of change
1 The statistics, as such, add little …
2 There is no objection as such in principle to you taking leave.
3 It is possible to stay there overnight although there are no camping facilities as
such.
further reading
Blamires’ Common Errors p 35
Fowler’s English Usage p 71 (as 11)
Garner’s Redbook p 162
Gowers’ Plain Words p 60
Longman English Usage p 59 (as 5)
New Oxford Dictionary p 1854 (such)
Right Words p 38
assume
see—presume
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–79
A
as the case may be / requires

usage—avoid using if possible
try—omitting / recasting / according to the circumstances
extra information
1 formal phrase
2 legalese
3 Use as the case requires or as the case may be only if absolutely necessary.
examples of no change
The reasonable expenses of the authority in taking action under subsection (4) are a
debt owed by the lessee or occupier, as the case may be, to the authority.
examples of change
1 … of a spear gun, longbow or crossbow—means a replica of a spear gun,
longbow or crossbow, as the case may be, even if it is not capable of discharging
a projectile
2 A proceeding is taken to have been started by, or may be continued against, X if
it is started or continued by or against, as the case may be, Y.
3 If an equity holder is in liquidation or receivership, the liquidator, receiver or
receiver and manager, as the case requires, may apply to the court.
4 complete includes—
(a) sign; orand
(b) seal, as the case requires. [Paragraphing would no longer be required.]
further reading
Garner’s Dictionary p 133 (case)
Garner’s Legal Style p 106 (case of, in the)
New Oxford Dictionary p 282 (case)
as the case may require

usage—never use
try—omitting / as the case requires
extra information
1 verbosity
2 Use an alternative.
further reading
Garner’s Dictionary p 133 (case)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–80
A
as to / for

usage—avoid using if possible
try—by / in / into / for / of / on / to / into / with / about / in relation to /
omitting / recasting
extra information
1 compound preposition
2 vague phrase
3 can be a redundancy
4 If possible, use an alternative.
see also—as to whether/who/what/how etc
examples of change
1 restrictions as to on imports
2 The person must give a clear indication as to of the person’s intention.
3 The authorised person asked as to his name.
4 If the child can form and express views as to about the child’s wellbeing, the
views must be sought and considered.
further reading
Evans p 120 (as to)
Fowler’s English Usage p 71 (as 12)
Garner’s Dictionary pp 85–6 (as to)
Garner’s Legal Style p 104
Garner’s Redbook p 162
Gowers’ Plain Words pp 55–7
Hudson p 37 (as 2 (c))
Longman English Usage p 61 (as 12)
Partridge pp 38, 362 (to)
Right Words p 39 (as to)
Strunk and White p 23
Working Words p 50 (as for/as to)
as to whether / who / what / how etc

usage—avoid using if possible
try—omitting as to / about
extra information
1 compound preposition
2 As to is a redundancy before whether.
3 If possible, use an alternative.
see also—issue as to whether/of whether; whether
examples of change
1 a decision as to whether about
2 doubt has been expressed as to whether
3 an inquiry as to whether
4 an explanation as to why
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–81
A
as to whether / who / what / how etc [continued]
5 the person must decide as to what
further reading
Bryson’s Troublesome Words p 17 (as to whether)
Fowler’s English Usage p 71 (as 12)
Garner’s Dictionary pp 86 (as to 9); 727 (question (as to) whether; question (of) whether),
930 (whether)
Garner’s Legal Style pp 104 (as to), 104 (as to whether), 135 (question as to whether; question of
whether)
Garner’s Redbook p 162 (as to)
Gowers’ Plain Words pp 55–7 (as to), 57 (as to whether)
Hudson p 37 (as 2 (c))
Longman English Usage p 61 (as 12)
Partridge p 38 (as to whether)
Right Words p 39 (as to)
Strunk and White p 41 (as to whether)
Working Words p 50 (as for / as to)
as well as … both
see—both
as yet / as of yet

usage—consider alternatives before using
try—yet / so far / until now / recasting / no change
extra information
1 verbosity
2 Yet is nearly always as good as, if not better than, as yet (or as of yet).
3 Prefer an alternative if appropriate.
examples of change
1 No agreement has been reached as yet been reached.
2 The damage is as yet undetermined has not yet been assessed.
3 As yet hHe has not succeeded yet.
further reading
Garner’s Dictionary p 87
Garner’s Legal Style p 104
New Oxford Dictionary p 95 (as)
Partridge p 38 (as yet)
Strunk and White p 41
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–82
A
at all times

usage—consider alternatives before using
try—always / omitting / no change
extra information
1 can be a redundancy
2 Omit if appropriate.
example of no change
Hens are kept—
(a) with continuous daytime access to outdoor runs; and
(b) with access at all times to indoor litter, perches and nests; and
(c) with adequate protection at all times from predators and the elements; and
(d) in accordance with the stocking level and other requirements for range systems
under the code.
example of change
at all times when driving a vehicle, …
at any time

usage—consider alternatives before using
try—omitting / no change
extra information
1 can be a redundancy
2 Omit if appropriate.
see also—from time to time
examples of no change
1 The authority may end a proposed issue at any time before …
2 The chairperson may call a meeting at any time.
3 The machine must be available at any time.
example of change
The person who is, at any time, the parliamentary counsel may ....
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–83
A
at least as / so far as … is / are concerned

usage—avoid using if possible
try—omitting / recasting
extra information
1 timid phrase
2 verbosity
3 If possible, use a simpler, more direct alternative.
see also—as/so far as … is/are concerned
further reading
Garner’s Legal Style p 36
Howard’s Guide p 94 (concerned)
Howard’s Handbook p 95 (concerned)
at present

usage—avoid using if possible
try—now / today / omitting
extra information
1 verbosity
2 If possible, use an alternative.
example of change
The club has 5 000 members at present.
further reading
Garner’s Dictionary p 90 (at the present time; at this time; at present)
Garner’s Legal Style p 183
Garner’s Redbook p 159 (at the present time; at this juncture; at this point in time)
New Oxford Dictionary p 1465 (present)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–84
A
attain

usage—consider alternatives before using
try—reach / achieve / become / turn / obtain / recasting / no change
extra information
1 formal word
2 Except in the sense of reaching a particular age, attain implies successful effort
in reaching a goal. It should not be treated as only the equivalent of reaching.
3 Attain (which means achieve or reach) is sometimes confused with obtain
(which means get).
4 Prefer a simpler alternative if appropriate.
examples of change
1 The company attained reached its profit target.
2 The company attained insolvency became insolvent.
3 Adult means an individual who has attained the age of 18 years is at least
18 years old.
4 not attained the age of under 65 years old
further reading
Bryson’s Troublesome Words p 17
Cutts pp 27, 31
Garner’s Dictionary pp 88–9 (attain; obtain)
Garner’s Redbook pp 157, 188 (attain; obtain)
Working Words p 53
attempt

usage—consider alternatives before using
try—try / no change
extra information
1 Attempt is a more formal word than try.
2 The use of attempt as a verb instead of try may sound pretentious and
excessively formal. Prefer try as a verb unless the context needs a more formal
word like attempt, for example, in a context implying a considerable effort to
achieve a difficult task.
3 On the other hand, attempt should be used as a noun instead of try except in
very informal contexts. In legislation the use of try as a noun is inappropriate.
4 Attempt is also the offence under the Criminal Code (and the common law) of
attempting to commit an offence. This means it is not necessary to expressly
mention an attempt to do something in a provision that makes it an offence to do
that thing.
examples of no change
1 She made another attempt at the record.
2 An attempt to commit an offence is punishable as if the offence had been
committed.
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–85
A
attempt [continued]
example of change
He attempted tried to open the door.
further reading
Blamires’ Common Errors p 39
Butterworths Legal Dictionary p 84
Evans p 120
Garner’s Dictionary p 89
Garner’s Redbook p 157
Howard’s Guide p 393 (try or attempt)
LA s 189
Longman English Usage pp 65–6
New Oxford Dictionary pp 107–8
attendance
see—in attendance
attest

usage—consider alternatives before using
try—witness / certify (to the genuineness of) / give evidence (about) / declare / say
/ no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
examples of no change
1 His many achievements attest to his great talent.
2 Her many drawings of birds attest to her fascination with them.
3 I can attest to his tremendous energy.
examples of change
1 The attaching of the seal must be attested witnessed.
2 The witness attested gave evidence that the defendant fired the shot.
further reading
Black’s Law Dictionary p 138 (attest)
Butterworths Legal Dictionary p 84
Mellinkoff’s Dictionary p 40
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–86
A
at the present day

usage—never use
try—today / omitting
extra information
1 verbosity
2 If possible, use an alternative.
example of change
At the present day Today murder is not punishable by death.
further reading
Garner’s Dictionary p 90
at the present time

usage—avoid using if possible
try—now / today / omitting
extra information
1 verbosity
2 If possible, use an alternative.
further reading
Garner’s Dictionary p 90 (at the present time; at this time; at present)
Garner’s Legal Style p 183
Garner’s Redbook p 159 (at the present time; at this juncture; at this point in time)
at the time that / when / of

usage—consider alternatives before using
try—when / recasting (using, eg when) / no change
extra information
1 verbosity
2 At the time may be necessary if reference needs to be made back to the time.
3 Prefer a simpler alternative if appropriate.
example of no change
If the victim is under 18 years old at the time of the offence, ...
example of change
She was 90 years old at the time of her death when she died.
further reading
Evans p 120 (at the time when)
Garner’s Dictionary pp 90 (at the time that; at the time when), 912 (at the time of in verbosity)
Garner’s Legal Style p 183 (at the time when)
Garner’s Redbook p 159 (at the time that; at the time when)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–87
A
at this time / point of time / moment in time

usage—consider alternatives before using
try—now / today / finally / omitting
extra information
1 vague phrase
2 can be verbose
3 Prefer an alternative if appropriate.
further reading
Asprey pp 173, 220 (at this particular point in time; at this point in time)
Bryson’s Troublesome Words p 200 (time, at this moment in)
Garner’s Dictionary p 90 (at the present time; at this time; at present)
Garner’s Legal Style p 34 (point in time)
Garner’s Redbook p 159 (at the present time; at this juncture; at this point in time)
Gowers’ Plain Words p 184
Howard’s Guide p 35 (at this moment in time and at the end of the day)
Howard’s Handbook p 39 (at this moment in time/at the end of the day)
Working Words p 53 (at this moment in time; at this point in time)
attribute
[as a noun]

usage—consider alternatives before using
try—quality / feature / characteristic / property / trait / talent / character / no
change
extra information
1 An attribute of someone or something is a feature or quality that is attributed to
the person or thing.
2 Prefer a simpler alternative if appropriate.
examples of change
1 An attribute feature of steel is its strength.
2 She was a complex mix of good and bad attributes qualities.
3 His most appealing attribute trait was his openness.
4 Her success was due to her remarkable attributes talents.
further reading
Blamires’ Common Errors p 39
Blamires’ Queen’s English p 231 (attributable (applicable))
Garner’s Dictionary p 91 (attribute; attribution)
Partridge pp 38 (ascribe and attribute), 40 (attribute, attributed)
Right Words p 40 (attribute/character; property/quality/trait)
Working Words p 53
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–88
A
attribute
[as a verb]

usage—consider alternatives before using
try—recasting (using, eg give credit for / belonging to / is an outcome (or result /
effect / consequence) of / coming from / applicable to / earmark / ascribe / no
change
extra information
Prefer a simpler alternative if appropriate.
examples of no change
1 Ancient peoples attributed magic properties to certain stones.
2 the part of the rate attributable to land occupied only by a pensioner
3 a financial benefit reasonably attributable to the breach
examples of change
1 I attribute credit her success to her remarkable talents. [or Her success is due to
her remarkable talents.]
2 His bad health is attributable to caused by smoking.
3 She attributed the word with gave the word a meaning it did not properly have.
4 This music may be attributed belongs to [or comes from] the 16th century.
further reading
Blamires’ Common Errors pp 39–40
Blamires’ Queen’s English pp 172, 231 (attributable (applicable))
Cutts p 27
Garner’s Redbook p 157 (attributable to)
New Oxford Dictionary p 109
Partridge pp 38 (ascribe and attribute), 40 (attribute; attributed)
Working Words p 53
at your earliest convenience /
at your convenience

usage—never use
try—soon / as soon as you can / as soon as possible / as soon as you like /
whenever it’s possible
extra information
1 commercialese
2 At your convenience has humorous overtones.
3 Use an alternative.
further reading
Cambridge Style Guide p 149 (commercialese)
Gowers’ Plain Words p 217 (at your convenience)
Howard’s Guide p 35 (at your convenience)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–89
A
Australia

usage—consider alternatives before using
try—omitting / no change
extra information
1 can be a redundancy
2 Connection with Australia is often implied and need not be stated.
3 See LA, dict, pt 1, defs Australia and Commonwealth.
example of change
the Commonwealth of Australia
Australian Capital Territory
see—Territory
authorise

usage—consider alternatives before using
try—recasting (using may) / permit / allow / approve / no change
extra information
1 Authorise is an active word. It means to give official or legal approval to
someone or permission to do something. (Often the approval will confer
permission to do something.) By contrast, permit and allow can be passive
words. They can mean to let something be done or happen.
2 Prefer a simpler alternative if appropriate.
see also—authorise and empower; is/are authorised
examples of no change
1 an authorised act
2 authorised dealer
3 authorised officer
4 A security guard may allow someone to enter the building only if the person is
authorised to enter.
examples of change
1 The meat safety officer is authorised may …
2 This section applies if an Act requires or authorises allows a document to be
served by post.
further reading
Black’s Law Dictionary p 143 (authorize)
Butterworths Legal Dictionary p 97
Evans p 121 (be authorised to)
New Oxford Dictionary p 113
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–90
A
authorise and empower

usage—never use
try—permit / recasting (using may) / allow / authorise
extra information
1 doublet
2 Use an alternative.
3 Prefer authorise to empower (or alternatives above).
further reading
Garner’s Redbook p 163 (doublets)
Mellinkoff’s Dictionary p 41 (authorize/empower)
authority

usage—consider alternatives before using
try—recasting (using may) / power / right / omitting / no change
extra information
Prefer alternative of saying that someone has a right (or is permitted / has power) to
do something.
see also—power and/or authority; is authorised
examples of no change
1 the administering authority may …
2 a territory authority
3 The commissioner’s seal may be used only with the commissioner’s authority
[or permission/approval].
4 authority to take affidavits
5 authority to complete
6 The money was spent without parliamentary authority.
7 She spoke with authority on the subject.
8 He had absolute authority over his subordinates.
examples of change
1 powers and authorities
2 The port captain may give a person a written authority permission.
3 have the authority to are allowed to
further reading
Black’s Law Dictionary p 142 (authority)
Butterworths Legal Dictionary p 98
Gowers’ Plain Words p 208
Howard’s Guide p 36
Hudson p 41
LA, dict, pt 1, def power
Longman English Usage p 69
New Oxford Dictionary p 113
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–91
A
availability

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 Using availability can contribute to abstract, loose writing.
2 Prefer more precise words if appropriate.
examples of change
1 The availability of this particular material is extremely limited. This material is
extremely scarce.
2 The actual date of completion of the purchase should coincide with the
availability of the new facilities. The purchase should not be completed until the
new facilities are available. [or ready]
3 A real concern of householders is the availability lack [or shortage] of gas.
further reading
Blamires’ Plain English p 28
Gowers’ Plain Words pp 80–1
aver
[also averment]

usage—avoid using if possible
try—state (positively) / say / assert (as a fact) / swear / affirm / claim (as a
fact) / declare / allege / recasting
extra information
1 formal word
2 technical legal term, but allege is usually preferable even in this context
3 Use aver in solemn, formal context only.
4 Say is more neutral than aver and may not be a suitable alternative.
5 If possible, use an alternative.
examples of change
1 a particular averred stated in a complaint
2 He averred declared that he was innocent.
further reading
Black’s Law Dictionary p 145 (aver)
Butterworths Legal Dictionary pp 100 (aver), 101 (averment)
Fowler’s English Usage pp 80–1
Garner’s Dictionary p 93 (aver; asseverate; averment; averral)
Garner’s Redbook p 161 (aver)
Longman English Usage p 70
Mellinkoff’s Dictionary p 25 (allege/alleged/allegation)
New Oxford Dictionary p 116
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–92
A
avert

usage—consider alternatives before using
try—avoid / prevent / turn away (one’s eyes or thoughts) / deflect / ward off / no
change
extra information
1 formal word
2 To avoid something is to keep away from it; to prevent something is to stop it
happening; to avert something is to ward it off, to turn it away or deflect it.
3 Prefer a simpler alternative if appropriate.
4 Avert is sometimes confused with advert. For the use of avert and advert, see
advert.
examples of change
1 The driver of a vehicle approaching an intersection must take the action
necessary to avert avoid the collision at the intersection.
2 The talks failed to avert prevent the transport strike.
further reading
Blamires’ Plain English pp 19–20
Garner’s Dictionary pp 33 (advert; avert), 93
Longman English Usage pp 21 (advert, avert), 70–1 (avoid, prevent, avert)
New Oxford Dictionary p 116
Partridge p 7 (advert; avert)
Oxford English Usage p 120
Working Words p 20 (advert/avert)
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–93
A
aware

usage—consider alternatives before using
try—recasting (using, eg know) / no change
extra information
1 Aware is a vogue word that has become a blanket term of approval, eg a
politically aware person or even an aware person.
2 Prefer a more precise alternative if appropriate.
3 A person can be made aware of something. But a person cannot be made to
know something.
examples of no change
1 I am aware of your difficulty.
2 Suddenly he became aware of the acute pain.
example of change
1 Most people are aware of know about the danger of too much exposure to the
sun.
2 She was aware knew that a problem existed.
3 As far as I am aware know, no-one has complained.
further reading
Fowler’s English Usage p 82
Gowers’ Plain Words p 208
Howard’s Guide p 37
Longman English Usage p 71
New Oxford Dictionary pp 117–8
Oxford English Usage pp 120–1
Partridge p 377 (vogue words)
Working Words p 59
Words and Phrases: A Guide to Plain Legal Language
October 2006
A–94
B
background

usage—consider alternatives before using
try—explanation / cause / recasting (using more precise words) / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate.
3 Do not use as a verb.
see also—against a background of
examples of change
1 Your background experience indicates that you would be more suitable for other
positions.
2 The high rate of unemployment provides the background explanation for low
inflationary expectations.
further reading
Gowers’ Plain Words pp 208–9
Longman English Usage p 73
Right Words p 45 (background)
backward /
backwards

usage—consider alternatives before using
try—backwards / backward / recasting / no change
extra information
1 Use backward as an adjective.
2 As an adverb, prefer backwards if appropriate. However, for the increasing
trend not to use an ‘s’ in words ending in ward(s), see forward/forwards.
examples of no change
1 a backward glance
2 backward medical techniques
3 She knows it backwards.
4 The child spelt the word backwards.
5 He walked backwards. [that is, in the opposite direction to the direction in which
he was facing]
6 They swung backwards and forwards on the swing.
further reading
Cambridge Style Guide pp 799–800 (-ward or -wards)
Fowler’s English Usage p 86
Garner’s Dictionary p 924 (-ward(s))
Howard’s Guide p 38
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–1
B
backward /
backwards [continued]
Howard’s Handbook p 42
Hudson pp 43–4
Longman English Usage p 73
Macquarie Dictionary p 150
Right Words p 45 (backward/backwards)
Working Words p 62
basis

usage—consider alternatives before using
try—recasting (using more precise words) / reason / no change
extra information
1 vague word
2 often associated with padding
3 Prefer a more precise alternative if appropriate.
4 Do not use on a … basis. It is invariably only padding.
see also—on a … basis; on the basis of
example of no change
on the basis of past trading
examples of change
1 on a weekly basis weekly [or by the week]
2 The project is subsidised on a continuing basis continuously [or year after year]
3 X will be available on a consulting basis as a consultant. [or for consultation]
4 The services are to be available on a strictly limited basis. Only limited services
are available. or Services will be provided for a strictly limited time.
5 The machines must be available both day and night on a 24 hour basis at any
time of the day or night.
6 on a temporary basis temporarily
further reading
Black’s Law Dictionary p 161 (basis)
Bryson’s Troublesome Words p 21
Evans p 120
Fowler’s English Usage pp 93–4 (base)
Garner’s Dictionary pp 100, 362 (flotsam phrases)
Garner’s Legal Style pp 57, 104
Gowers’ Plain Words pp 4, 85–6
Howard’s Guide p 43
Partridge p 45
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–2
B
bear
[as a verb]

usage—consider alternatives before using
try—have / carry
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
That tree bears sweet fruit.
example of change
The lighter must bear have a label.
further reading
Fowler’s English Usage p 309 (formal words)
Longman English Usage pp 79 (bear (verb)), 92 (born/borne)
because
see—the reason … is because; not because
before
see—before the end of; on or before
beforementioned

usage—never use
try—the [item previously mentioned] / omitting / recasting
extra information
archaism
further reading
Garner’s Dictionary pp 9 (above-mentioned; above-quoted; above-styled; above-captioned),
37 (aforesaid; aforementioned)
Garner’s Legal Style pp 100, 183
before the end of

usage—avoid using if possible
try—recasting (using within / by / no later than / not later than / before)
examples of change
1 unless the person pays the fee before the end of within the payment period
2 If a postponed law has not commenced before the end of the period of within
6 months beginning on its notification day, it automatically commences on the
first day after that period.
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–3
B
begin
see—commence
beg the question

usage—never use
try—recasting (using, eg Your conclusion is justified only if ... / evade the question
(or issue) / ignore the question (or issue) / postpone consideration of the question
(or issue) / raise the question (or issue))
extra information
1 The traditional meaning of beg the question is to take as a proven fact an issue
that is debatable. The issue is woven into another assertion that effectively
conceals the issue from debate.
For example: ‘We must control immigration to prevent harm to Australia’s
fragile environment’. The statement begs the question as to whether
immigration really harms Australia’s environment. It makes it sound as if we
can take that for granted, and pre-empts discussion of it by focusing on the need
to control immigration.
2 A single word can be used in a question-begging way; eg aggressor, guilty,
imperialism, offender, reactionary, victim.
3 The traditional meaning of beg the question belongs in the field of logic and
appears not to be well understood. To beg the question is now used to mean ‘to
evade the question’, ‘to ignore the question’, ‘postpone consideration of the
question’ or, even more loosely, ‘to raise the question (for consideration)’.
Difficulties of understanding are made worse by the use of beg in the phrase in
an archaic sense.
4 Because beg the question is so often misunderstood and has archaic overtones, it
is best not used at all.
5 If possible, prefer an alternative.
further reading
Blamires’ Common Errors pp 46–7
Blamires’ Queen’s English pp 211–2
Cambridge Style Guide pp 82–3
Fowler’s English Usage p 101
Garner’s Dictionary p 101 (begging the question)
Gowers’ Plain Words p 209
Howard’s Guide p 44
Howard’s Handbook p 46
Longman English Usage p 81
New Oxford Dictionary p 156
Oxford English Usage p 121
Partridge p 46
Right Words p 49 (begging the question)
Working Words pp 66–7
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–4
B
behalf
see—for and/or on behalf of; on behalf of
being

usage—consider alternatives before using
try—recasting / omitting / no change
extra information
1 Do not use being and not being to join relative (or adjectival) clauses. A relative
clause serves either to define, or to describe and evaluate, the noun to which it is
attached.
2 Consider if a parenthetical further explanation is needed, eg that is, …
see also—not being; regarded as being
examples of no change
1 an issue being considered
2 a misrepresentation resulting in a vehicle being incorrectly classified
3 the cover does not extend to an unregistered vehicle while it is being driven to
…
examples of change
1 a person who is 70 years old or older being a person who has a driving
licence and has a driving licence
2 The land is to be taken as being taken to be land granted in fee simple.
3 the authority must have regard to a decision being a decision if …
4 If the person:
(a) being for a person who has received household support—has a child …
5 the document known as …, being the document as in force …
6 She is regarded as being the best dentist.
further reading
NZ Legislation Manual p 41
Strunk and White p 41
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–5
B
below

usage—consider alternatives before using
try—under / less than / lighter than / shorter than / smaller than / younger than /
omitting / recasting (using at most, not over, not exceeding or not more than) / the
[item mentioned later / on the next page / on page ‘x’] / no change
extra information
1 informal word for less than, shorter than etc.
2 For describing quantities, weight, age etc, prefer an alternative. Generally, prefer
under, less than, or a more specific alternative, eg younger than, to other
alternatives.
3 Below, beneath, under and underneath are all prepositions that mean lower
than. Below is the opposite of above and is often used in relation to levels.
Under is generally the opposite of over, and can mean covered by. Under also
means subject to. Beneath can often be substituted for the other 3 and can also
mean unworthy. Underneath can be used for under to mean covered by. The
choice between the 4 prepositions often depends on what is most natural for the
context. However, beneath has become somewhat restricted in its use and is
becoming slightly archaic. Under has the broadest range of meanings.
examples of no change
1 below ground level
2 See the comments mentioned below. [or See the comments on the next page /
on page ‘x’ / or See the later comments.]
3 They lived below the shop.
examples of change
1 below less than 7 people
2 below for less than 6 months
3 Cleaning his room was below beneath his dignity.
4 Our plane flew below under Sydney Harbour Bridge.
5 The pencil was found below underneath the chair.
further reading
Asprey pp 165, 220 (above, below)
Black’s Law Dictionary p 164 (below)
Fowler’s English Usage p 103 (below, under; beneath)
Garner’s Dictionary p 103
Howard’s Guide p 362 (see above and below)
Longman English Usage pp 82–3
Partridge pp 2–4 (above and over; below and beneath and under)
Working Words p 67 (below/beneath/under/underneath)
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–6
B
belowmentioned /
belowlisted /
belowquoted

usage—never use
try—the [item mentioned later / on the next page / on page ‘x’] / omitting /
recasting
extra information
archaism
further reading
Garner’s Dictionary p 103 (below-mentioned; under-mentioned)
beneficial

usage—consider alternatives before using
try—useful / helpful / favourable / no change
extra information
1 Beneficial has several technical legal meanings.
2 In other contexts, beneficial can be a vague word.
3 Prefer a more precise alternative if appropriate.
examples of no change
1 a trust in which the trustee has a beneficial interest in the trust property
2 A beneficial provision is a provision that gives a benefit to a person and by
doing so remedies an injustice.
3 She is the beneficial owner of the property under the trust.
further reading
Black’s Law Dictionary p 165 (beneficial)
Butterworths Legal Dictionary pp 120 (beneficial interest; beneficial legislation), 120–1 (beneficial
owner), 121 (beneficial ownership; beneficial ownership; beneficial use)
Garner’s Dictionary pp 103–4 (benefic(ent); beneficial; benevolent)
Gowers’ Plain Words pp 209
Mellinkoff’s Dictionary pp 51–2 (beneficiary; beneficial owner)
Working Words p 68 (benevolent; beneficient; beneficial; benign)
be of assistance

usage—avoid using if possible
try—help / assist
extra information
verbosity
see also—assist
further reading
Garner’s Dictionary pp 83 (assistance), 106–7 (be-verbs B)
Gowers’ Plain Words pp 41-2 (may be of assistance)
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–7
B
beneath
see—below
bequeath

usage—never use
try—give / present / give by will / leave
extra information
1 Bequeath is a technical legal term meaning to give personal property by will.
The equivalent term for real property is devise. However, bequeath will be taken
to include real property if that is clearly the intention of the testator.
2 Similarly, if the alternative give by will is used in legislation, consideration
should be given to including a note explaining that it means the same as the
technical legal term.
3 Sometimes bequeath is used as a pretentious way of saying give or present.
see also—devise; give, devise and bequeath
examples of change
1 I bequeath give my library to my son, Joseph. [in a will]
2 He bequeathed gave his papers to the library by will.
3 She bequeathed left her father’s Victoria Cross to the War Memorial.
further reading
Black’s Law Dictionary p 168 (bequeath)
Butterworths Legal Dictionary p 123
Garner’s Dictionary pp 104–5, 273 (devise; bequeath)
Garner’s Redbook p 201 (devise; bequest; legacy)
Law Words 1995 pp 31–3 (give, devise and bequeath)
Mellinkoff’s Dictionary pp 267–9 (gift; give), 269 (give, devise and bequeath)
New Oxford Dictionary p 163
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–8
B
between

usage—consider alternatives before using
try—among / no change
extra information
1 For the use of between and among, see among.
2 Avoid using between with each or every.
3 Do not use between … or … or between … to …(eg between 10 to 20%).
Instead, use between … and ….
4 Between … and …, like both … and …, needs proper balancing of the
sentence—see both.
5 Be careful using between in relation to time, age, measurement, etc. Using
between normally excludes the mentioned limits, eg the period between
1 October and 1 November does not include either of the mentioned dates (see
LA, s 151 (6) (Working out periods of time generally)).
example of no change
You have a choice between doing what is right and doing what is wrong.
further reading
Asprey p 179
Bryson’s Troublesome Words p 24 (between, among)
Cambridge Style Guide pp 84–5 (between or among)
Fowler’s English Usage pp 105–7
Garner’s Dictionary pp 105–6
Garner’s Legal Style pp 102, 105 (among; between)
Garner’s Redbook p 189 (between; among)
Gowers’ Plain Words pp 102, 107–9
Oxford English Usage p 121
Partridge p 48
Right Words p 50 (between, between each, between every, between you and I)
Strunk and White p 40 (among, between)
blueprint

usage—consider alternatives before using
try—scheme / plan / no change
extra information
1 vogue word
2 metaphorical word often used inappropriately
3 In engineering, the blueprint or masterplan marks the final stage of paper
design.
further reading
Bryson’s Troublesome Words p 25
Gowers’ Plain Words pp 40, 88, 209
Howard’s Guide p 51
Longman English Usage p 91
Partridge p 377 (vogue words)
Right Words p 53 (blueprint)
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–9
B
body
see—body corporate; person or body
body corporate

usage—consider alternatives before using
try—corporation / no change
extra information
1 formal phrase
2 legal term
3 use corporation instead of body corporate when referring to an entity, except in
a context where body corporate is necessary (eg referring to the application of
Corporations Act provisions to a body corporate).
example of no change (real property context)
The body corporate holds the common property and all necessary insurances for the
building.
example of change
The commission is a body corporate corporation.
a body corporate corporation carrying on general insurance business
see also—Drafting Practice Guide; LA, dict, pt 1, def corporation, Corporations
Act, s 9 (def body corporate) and s 57A (def corporation).
further reading
Garner’s Dictionary p 112
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–10
B
bona fide

usage—never use
try—in good faith / genuine / honestly / sincerely
extra information
1 foreign phrase
2 However, bona fide has become assimilated into English.
3 legal term equivalent to in good faith
4 However, its use can invariably be avoided because there are better alternatives.
examples of change
1 a person who is living with the pensioner as the pensioner’s spouse on a bona
fide genuine domestic basis although not married to the pensioner
2 The charge does not have effect against a bona fide an honest purchaser of the
parcel of land for value.
further reading
Asprey pp 162, 220
Cambridge Style Guide p 93 (bona fides and bona fide)
Evans p 121 (bona fides)
Fowler’s English Usage p 112 (bona fide(s))
Garner’s Dictionary p 113 (bona fide and bona fides/good faith/bonne foi)
Garner’s Legal Style p 185
Garner’s Redbook pp 161, 166 (terms of art), 190 (bona fide; real and bona fides; good faith)
Gowers’ Plain Words p 209 (bona fides)
Howard’s Guide pp 52–3
Howard’s Handbook p 54
Mellinkoff’s Dictionary pp 54 (bad faith), 56 (bona fide)
Partridge p 50
Working Words p 76 (bona fide/bona fides)
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–11
B
both

usage—consider alternatives before using
try—omitting / each / no change
extra information
1 Both is often superfluous.
2 Both should be used with and only if particular emphasis is needed or it is
otherwise necessary to clarify the meaning of a sentence.
3 When using both … and, make sure the words are in their right positions and
carry equal weight. Nothing that comes between both and and can be regarded
as applying to anything after and, it must come before both; if it does not come
before both, it must be repeated after and.
4 Both should not be used to refer to more than 2 people or things.
5 Never use both with as well as.
see also—or both
examples of change
1 Both form A and form B Forms A and B must be given to the registrar.
2 The judge decided all questions both of law and fact of law and of fact [or of
both law and fact or omit both].
further reading
Blamires’ Plain English pp 258–9 (both … and)
Bryson’s Troublesome Words pp 26–7 (both … and)
Fowler’s English Usage pp 113–4
Garner’s Dictionary p 115
Garner’s Legal Style p 66 (both … and)
Gowers’ Plain Words pp 101–2
Howard’s Guide p 54
Howard’s Handbook pp 55–6
Longman English Usage pp 93–4
Partridge pp 38 (as well as), 50
Strunk and White pp 27–8
Working Words p 77
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–12
B
break down / breakdown

usage—consider alternatives before using
try—analyse / divide / classify / change / alter / convert / recasting (using more
precise words) / no change
extra information
1 Break down is a verb. Breakdown is a noun.
2 can be used as vague phrase in the sense of classifying
3 officialese
4 Avoid contexts where there is a possibility of confusion with the literal
meaning, eg a complete breakdown of the processes.
5 Prefer a more precise alternative if appropriate.
examples of no change
1 The reaction broke down the substance into its components.
2 The car broke down on the highway.
examples of change
1 The applicants should be broken down into types classified according to type.
2 the population of Australia, broken down analysed [or classified] by age and sex
3 A breakdown An analysis of the errors has shown that lack of training is the
main cause.
further reading
Fowler’s English Usage p 116 (breakdown)
Garner’s Dictionary p 117 (breakdown)
Gowers’ Plain Words p 210
Howard’s Guide p 57 (breakdown / break down)
Howard’s Handbook p 58 (breakdown/break down)
Longman English Usage p 97 (breakdown, break down)
Partridge p 52
but
see—and (but which); but for; no option but to
but for

usage—avoid using if possible
try—apart from / other than for / were it not for / except that for / recasting (using
if … not)
extra information
1 legalese
2 In legislative drafting use an alternative.
examples of change
1 but for apart from this subsection
2 The provision would have expired but for its extension if it had not been
extended.
further reading
Garner’s Dictionary p 124
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–13
B
by

usage—consider alternatives before using
try—under / recasting (using another preposition) / no change
extra information
1 By has many meanings and care needs to be taken to avoid ambiguity in its use.
2 Be careful not to draw artificial distinctions in legislation by using different
words to say essentially the same thing. In particular, take particular care in
legislation not to draw unnecessary distinctions between by and under. As under
is the word with the widest meaning, prefer under to by if appropriate.
examples of no change
1 A guideline may incorporate a standard by reference.
2 This Act commences on a day to be fixed by proclamation.
3 the object is to be achieved mainly by …
4 The remaining provisions commence by force of this subsection.
further reading
Fowler’s English Usage p 123
Longman English Usage p 103
Mellinkoff’s Dictionary p 64 (by and with; by operation of law)
Partridge p 57 (by for beside)
Working Words p 561 (with/by/of)
by and / or under

usage—avoid using if possible
try—under / recasting
extra information
1 doublet
2 redundancy
examples of change
1 A form is prescribed by or under an Act.
2 The tests required by or under section 10.
3 by or under a law of the Tterritory law
further reading
Garner’s Redbook p 163 (by and under in doublets)
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–14
B
by and with

usage—avoid using if possible
try—recasting
extra information
1 doublet
2 in general, a redundancy
further reading
Garner’s Dictionary p 125
Garner’s Redbook p 163 (doublets)
Mellinkoff’s Dictionary p 64
Partridge p 57 (by)
by means of

usage—avoid using if possible
try—omitting / by way of / by / with / using
extra information
1 compound preposition
2 usually verbose for by
further reading
Evans p 121
Garner’s Dictionary p 125
Garner’s Legal Style p 183
Garner’s Redbook p 160
Gowers’ Plain Words p 55
Wydick p 13
by reason of

usage—avoid using if possible
try—because of
extra information
1 compound preposition
2 verbose for because of
example of change
The plaintiff died by reason because of the injuries.
further reading
Garner’s Dictionary p 125
Garner’s Redbook p 160
Wydick p 13
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–15
B
by reason only

usage—avoid using if possible
try—only because / recasting
extra information
compound preposition
see also—by reason of
by the name of

usage—never use
try—omitting / called / named
extra information
1 compound preposition
2 can be a redundancy
further reading
Gowers’ Plain Words p 247
Partridge p 57
by virtue of

usage—never use
try—because of / under / by
extra information
compound preposition
further reading
Asprey pp 172 (pursuant to), 220
Evans p 121
Garner’s Dictionary p 917 (virtue of, in and by)
Gowers’ Plain Words p 55
Mellinkoff’s Dictionary pp 252–3 (formalisms); 677 (virtue)
Wydick p 13
by way of

usage—consider alternatives before using
try—by / with / using / no change
extra information
1 compound preposition
2 Prefer a simpler alternative if appropriate.
further reading
Garner’s Dictionary p 125 (by means of)
Words and Phrases: A Guide to Plain Legal Language
October 2006
B–16
C
calculate

usage—consider alternatives before using
try—work out / find out / decide / suppose / assume / recasting (using, eg a
formula) / no change
extra information
1 Prefer a less formal alternative if appropriate.
2 Do not use calculate for suppose or assume.
example of change
The daily rate is calculated in accordance with the following formula worked out as
follows:
yearly rate
365
further reading
Cutts p 27
Fowler’s English Usage p 125 (calculate for suppose/reckon)
Howard’s Guide p 65
Howard’s Handbook p 64
Longman English Usage p 105 (calculate for suppose/assume)
Partridge p 58
calendar month

usage—avoid using if possible
try—month
extra information
see LA, dict, pt 1, defs month and calendar month
Month is defined as calendar month.
Words and Phrases: A Guide to Plain Legal Language
October 2006
C–1
C
call in question

usage—avoid using if possible
try—recasting
extra information
1 formal phrase
2 legalese
see also—in question; question
example of change
The proceeding must not be called in question is not invalid …[or A proceeding for
an injunction, declaration or prerogative order must not be brought in relation to…]
further reading
Cwlth OPC Plain English p 17
called
see—in this [provision] called
can
[also could]

usage—consider alternatives before using
try—may / might / is (or are) able to / no change
extra information
1 Can generally emphasises the objective (or physical) ability to do something.
May (or might) generally emphasises permission or possibility. However, in
practice the meaning of can and the meaning of may are hard to distinguish.
2 If in doubt prefer may.
example of no change
The tribunal can deal with a complaint.
example of change
The committee can may be given any of the following functions in a reference: …
further reading
Bryson’s Troublesome Words p 30 (can/may)
Cambridge Style Guide pp 107–8 (can or may), 168–9 (could or might), 336 (hedge words)
Cutts p 33
Fowler’s English Usage pp 126, 186 (could)
Garner’s Dictionary p 128 (can/may)
Garner’s Legal Style p 105
Garner’s Redbook p 191 (can; may)
Howard’s Guide pp 65–6 (can or may)
Howard’s Handbook pp 64–5 (can/may)
Longman English Usage p 106 (can/may)
Partridge p 58 (can and may)
Right Words p 65 (can/could)
Strunk and White pp 20, 42
Working Words p 90 (can/may)
Words and Phrases: A Guide to Plain Legal Language
October 2006
C–2
C
cancel

usage—consider alternatives before using
try—revoke / no change
extra information
For the use of cancel and revoke, see revoke.
further reading
Garner’s Legal Style p 188
capability

usage—avoid using if possible
try—capacity / ability / no change
extra information
vogue word
examples of change
1 capability capacity to contract
2 She had a well-developed capability ability to solve difficult problems quickly.
further reading
Garner’s Dictionary p 129 (capacity/capability)
Gowers’ Plain Words p 211
capable of

usage—consider alternatives before using
try—recasting (using eg can or may)
extra information
Prefer an alternative if appropriate.
examples of change
1 a bag capable of being that can be filled with beanbag filling
2 He is capable of doing can do it.
further reading
Garner’s Dictionary p 129
Gowers’ Plain Words p 137 (capable of doing)
Partridge p 61
capita
see—per capita
Words and Phrases: A Guide to Plain Legal Language
October 2006
C–3
C
capitalise

usage—consider alternatives before using
try—draw on / profit / no change
extra information
vogue word
further reading
Gowers’ Plain Words p 211
carry on / out

usage—consider alternatives before using
try—make / conduct / perform / recasting (using more specific words) / no
change
extra information
Prefer the most specific, appropriate alternative (if any).
see also—perform
examples of no change
1 requirements to carry out work
2 a body that is not carried on for the financial profit of its members
3 If a cooperative begins to carry on an activity that is not a primary activity of the
cooperative, …
4 The administrator must give the registrar a report on how the administration was
carried out.
5 A foreign cooperative must not carry on business in the ACT unless it is
registered as a foreign cooperative.
examples of change
1 The inquiries were carried out made by the inspector.
2 carry out conduct an inquiry
Words and Phrases: A Guide to Plain Legal Language
October 2006
C–4
C
case

usage—consider alternatives before using
try—recasting (using more precise words) / omitting / argument
extra information
1 Using case can contribute to loose writing.
2 Avoid using case as an omnibus word. See kind for extra information.
see also—as the case may be/requires; as the case may require; if this is not the
case; if this is the case; in a case in which/to which/where; in any case; in case; in
every case; in the case of
examples of no change
1 a case of measles
2 You have no case.
examples of change
1 as was formerly the case it used to be
2 in many cases often quite out of touch
further reading
Asprey pp 163–5 (where)
Garner’s Dictionary p 133
Garner’s Legal Style pp 105–6, 183, 205
Gowers’ Plain Words pp 57–8
Longman English Usage pp 112–3
Partridge pp 4 (abstract nouns), 61 (case (of))
Strunk and White p 42
category

usage—consider alternatives before using
try—omitting / kind / no change
extra information
1 Most legal drafting is expressed in the singular and it is usually unnecessary to
distinguish between a class (using, eg category) and its members (see LA,
s 145 (b)). Avoid mentioning category unless it is necessary. See class for extra
information.
2 If it is necessary to mention class, prefer kind if appropriate.
3 Category originally had a narrower meaning than class. Although the extension
of its meaning to a synonym for class has been criticised, it is now well
established.
further reading
Cutts pp 27, 31
Fowler’s English Usage p 135
Partridge p 62
Right Words p 71
Words and Phrases: A Guide to Plain Legal Language
October 2006
C–5
C
cause

usage—consider alternatives before using
try—proceeding / ensure / omitting / no change
extra information
1 Actions need not usually be taken personally, but can be taken by employees,
agents, delegates or, for Ministers and senior officers, by officers of their
departments. It is, therefore, usually unnecessary to talk of someone causing
something to be done.
2 However, in drafting offences it may be necessary to use cause as a verb to
ensure that the thing caused is a result of conduct, eg use ‘cause harm’ rather
than use harm as a verb.
3 A cause is someone or something that makes an event happen. Since the word
cause itself covers the idea of an explanation of an event, it should not be
combined with because of, due to, as a result of or a similarly linking phrase.
4 legal term for lawsuit or proceeding
see also—show cause
examples of no change
1 the costs of an adjournment caused by the failure
2 cause of action
3 He devoted his life to the cause.
4 A unit owner must not use the unit in a way that causes a nuisance.
5 The unusual cold front caused the severe frosts.
examples of change
1 The Minister must cause give a copy of the reference to be given to the
authority.
2 The Minister must cause present a copy of the report to be tabled.
3 Remove a buoy that is causing, or may cause, an obstruction to obstructing, or
may obstruct, navigation.
4 The registrar must cause enter the notice to be registered in the register.
5 The directors of a company must cause accurate accounts to be kept keep
accurate accounts.
6 If the authority refuses the application, it must cause the applicant to be
informed of tell the applicant about its decision.
7 A person involved in a ship’s operation (including a crew member) must cause
it to be ensure it is operated safely.
further reading
Blamires’ Plain English pp 208–9
Blamires’ Common Errors pp 57 (cause), 57–8 (caused by)
Blamires’ Queen’s English pp 72–4 (cause and result)
Butterworths Legal Dictionary pp 38 (agent), 341–2 (delegate)
Garner’s Dictionary pp 138–9 (causation), 139–40 (cause), 140 (cause of action; right of action;
ground of action) and (cause to be)
Garner’s Legal Style p 183 (cause to be done)
Howard’s Guide p 70 (cause or causation)
Howard’s Handbook p 71 (cause/causation)
Longman English Usage p 118
Words and Phrases: A Guide to Plain Legal Language
October 2006
C–6
C
cause [continued]
Mellinkoff’s Dictionary pp 67–8 (cause), 68 (cause of action)
New Oxford Dictionary p 291
Partridge pp 62-3 (cause and reason) and (cause to be informed), 317 (source and cause)
cease

usage—consider alternatives before using
try—stop / end / finish / no change
extra information
1 formal word
2 Prefer an alternative. However, do not use stop or end if use seems artificial or
unusual—see examples of no change.
example of no change
If the aged care service ceases to be liable to pay payroll tax, …
examples of change
1 the appointment of a person ceases ends
2 The court may issue an injunction even though the conduct has ceased stopped.
further reading
Cutts pp 27, 31
Evans p 123
Fowler’s English Usage p 137
Garner’s Dictionary pp 141, 369 (formal words)
Garner’s Legal Style p 188 (cease and determine)
Howard’s Guide p 379 (stop)
Howard’s Handbook p 344 (stop/cease/discontinue/terminate)
Longman English Usage p 119
Mellinkoff’s Dictionary p 68 (cease and desist)
ceiling

usage—consider alternatives before using
try—maximum / upper limit / no change
extra information
1 vogue word
2 Prefer maximum or limit.
3 Avoid using words like extending, increasing or waiving with ceiling.
further reading
Bryson’s Troublesome Words p 32 (ceiling, floor)
Fowler’s English Usage pp 137–8
Garner’s Dictionary p 141
Gowers’ Plain Words pp 40, 75, 88, 211–2
Howard’s Guide p 71
Howard’s Handbook p 72
Longman English Usage p 119
Partridge p 63
Words and Phrases: A Guide to Plain Legal Language
October 2006
C–7
C
certainly / certain

usage—consider alternatives before using
try—omitting / no change
extra information
1 Certainly is a sentence adverb.
2 Certainly and certain can be dogmatic words.
3 Prefer a more neutral alternative if appropriate.
4 Certain is often redundant, eg A certain car ran him over.
example of no change
Eligibility for registration, Act s 49 (2)—certain unqualified real estate salespeople
[in heading] [only if unable to describe better]
further reading
Garner’s Dictionary pp 142–3 (certain), 161 (clearly), 632 (overstatement), 791–2 (sentence
adverbs), 926 (weasel words)
Garner’s Legal Style p 129
Howard’s Guide p 73
Howard’s Handbook p 73
Longman English Grammar p 976
Mellinkoff’s Dictionary pp 51–2 (beneficiary)
Partridge pp 64 (certain), 72 (comparatives, false)
Strunk and White p 42
cestui que trust

usage—never use
try—beneficiary
extra information
1 foreign phrase
2 legalese
3 archaism
further reading
Garner’s Dictionary p 144
Garner’s Legal Style p 186
Garner’s Redbook p 161
Mellinkoff’s Dictionary pp 51–2 (beneficiary)
Words and Phrases: A Guide to Plain Legal Language
October 2006
C–8
C
ceteris paribus

usage—never use
try—other things being equal
extra information
foreign phrase
further reading
Blamires’ Plain English p 114
Cambridge Style Guide p 126
Cutts p 39
Fowler’s English Usage p 140
Garner’s Dictionary p 144
Longman English Usage p 122
chairman / chairwoman

usage—never use
try— chair / chairperson / convenor / coordinator / moderator / president /
presiding member
extra information
1 gender-specific word
2 LA, s 187 (1) provides that, if a law establishes a position of chair or
chairperson of an entity, the chair or chairperson may be referred to as the
chairman, chairwoman, chairperson or chair. LA, s 187 (2) makes similar
provision for deputy chairperson.
further reading
Asprey pp 159–60
Cambridge Style Guide pp 126 (chairman), 576 (-person)
Crystal’s English Usage pp 99–112
Cutts p 72
Fowler’s English Usage p 140 (chair, chairperson)
Garner’s Dictionary pp 144–5 (chairman; chairwoman; chairperson; chair), 799–803 (sexism)
Garner’s Legal Style p 203
Garner’s Redbook p 277
Gowers’ Plain Words pp 177–8 (chairman, chairperson)
Howard’s Guide p 73 (chairman, chairperson or the chair)
Howard’s Handbook p 74 (chairman/chairperson/the chair)
Longman English Usage p 122 (chairperson)
New Oxford Dictionary p 301 (chairman/chairperson/chairwoman)
Partridge p 64 (chairman)
Right Words pp 73–4 (chairman/chairperson), 152–5 ((the) female critique)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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C
chairperson
[for chair]

usage—avoid using if possible
try—chair / convenor / coordinator / moderator / president / presiding member
extra information
1 gender-neutral alternative to chairman
2 criticised as an ugly creation
3 Prefer chair, which can be used for either sex with ease.
see also—LA, s 187 (Chair and deputy chair etc)
example of change
The chairperson chair adjourned the meeting.
further reading
Asprey pp 159–60 (chair)
Black’s Law Dictionary p 244 (chair)
Cambridge Style Guide p 126 (chairman)
Crystal’s English Usage pp 99–112
Fowler’s English Usage p 140 (chair, chairperson)
Garner’s Legal Style p 203 (chair)
Garner’s Dictionary pp 144–5 (chairman; chairwoman; chairperson; chair), 799–803 (sexism)
Garner’s Redbook p 277
Gowers’ Plain Words pp 177–8 (chairman, chairperson)
Howard’s Guide p 73 (chairman, chairperson or the chair)
Howard’s Handbook p 74 (chairman/chairperson/the chair)
Longman English Usage p 122
New Oxford Dictionary p 301 (chair)
Partridge p 64 (chairman)
Right Words pp 73–4 (chairman/chairperson), 152–5 ((the) female critique)
Working Words p 103 (chair)
change and alter
see—alter
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character

usage—consider alternatives before using
try—omitting / recasting / reputation / no change
extra information
1 Words like character are vague and abstract, but can be useful on occasion.
However, they are often overused and are occasionally redundant.
2 Prefer available words that are more direct and specific.
example of no change
The applicant must provide 2 character references.
example of change
conduct of an exemplary character exemplary conduct
further reading
Fowler’s English Usage p 141
Garner’s Dictionary p 148 (character/reputation)
Garner’s Legal Style p 106 (character; reputation)
Garner’s Redbook p 192 (character; reputation)
Gowers’ Plain Words p 189
Howard’s Handbook p 74 (character/personality/persona)
Partridge pp 5 (abstract nouns), 65 (character)
Right Words p 40 (attribute/character/property/quality/trait)
Strunk and White p 42
chattels

usage—avoid using if possible
try—goods (if necessary, listing or defining the items to be covered) / personal
property
extra information
1 legal archaism
2 If possible, use an alternative.
3 If it is necessary to use chattels, a note should be included explaining what it
means. See chose in action for an example of a similar note.
4 If personal property is used as an alternative, consider including a note
explaining what it means. For example, a note along the following lines could
be included.
Note
Personal property can include intangible personal property, eg a right.
further reading
Black’s Law Dictionary p 251 (chattel)
Butterworths Legal Dictionary pp 185–6
Evans p 123
Garner’s Dictionary p 149
Howard’s Guide p 76
Law Words 1995 pp 34–7 (goods and chattels)
Mellinkoff’s Dictionary pp 72–3 (chattel, chattel mortgage, chattel paper, chattel veil)
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chose in action

usage—avoid using if possible
try—recasting (eg by defining what is intended) / thing in action
extra information
1 Technical legal term. Sometimes partially anglicised to thing in action.
However, the anglicised term is not widely used or understood (even among
lawyers).
2 If it is necessary to use the term (in either form), a note should be included
explaining what it means. For example, a note along the following lines could
be included:
Note
A thing in action is an intangible personal property right recognised and protected by
the law. Examples include debts, money held at a bank, shares, rights under a trust,
copyright, and the right to sue for breach of contract.
further reading
Black’s Law Dictionary p 258 (chose; chose in action)
Butterworths Legal Dictionary pp 192–3
Garner’s Dictionary p 153
Garner’s Redbook p 166 (chose in terms of art)
Mellinkoff’s Dictionary pp 77–8 (chose in action; thing in action)
Christian name

usage—never use
try—personal name / given name [by contrast with surname / family name]
extra information
inappropriate term for non-Christians
further reading
Cambridge Style Guide p 281 (first name or forename)
Cwlth Style Manual p 58 (Personal names)
Evans p 123
Garner’s Dictionary pp 153, 859–60 (surname; Christian name)
Gowers’ Plain Words p 229 (forenames)
Howard’s Guide p 169 (first/Christian name)
Howard’s Handbook p 170 (first name/Christian name/forename)
Partridge p 66 (Christian name)
Right Words p 76 (Christian name/first name/given name)
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claim
[as a verb]

usage—consider alternatives before using
try—assert / allege / charge / contend / declare / maintain / mention / say /
state / no change
extra information
1 The strict meaning of to claim is to demand recognition of a right.
2 Claim may imply a degree of suspicion about the truth of what is claimed.
Consider a more neutral alternative.
3 The use of claim as a substitute for charge, contend, declare, maintain, mention,
say or state is still considered incorrect by some.
examples of no change
1 a claim for compensation
2 a claim against the estate
example of change
The authority claims says that restructuring is necessary.
further reading
Black’s Law Dictionary p 264 (claim)
Bryson’s Troublesome Words p 35
Fowler’s English Usage pp 148–9
Garner’s Dictionary p 159
Garner’s Legal Style p 106
Gowers’ Plain Words pp 33, 213
Howard’s Guide pp 79–80
Howard’s Handbook p 79
Mellinkoff’s Dictionary p 81
Partridge pp 66-7
Right Words p 77 (claim)
Strunk and White pp 42–3
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class

usage—consider alternatives before using
try—omitting / kind / type / category / group / no change
extra information
1 Most legal drafting is expressed in the singular and it is usually unnecessary to
distinguish between a class (using, eg category, class, group, kind or type) and
its members (see LA, s 48 and s 145 (b)). Avoid using class unless it is
necessary.
2 If it is necessary to use class, use it as infrequently as possible consistently
throughout the draft. Avoid making unnecessary, artificial distinctions in using
classes (eg the use of kind and type, or class and kind).
examples of no change
1 a class 2 dangerous substance
2 a class action
examples of change
1 a stated person or a person included in a stated class of persons
2 the Minister may authorise a person or persons included in a class of persons
further reading
Cwlth OPC Plain English p 22
Garner’s Dictionary p 159
Mellinkoff’s Dictionary p 82 (class action)
clearly / clear

usage—consider alternatives before using
try—omitting / no change
extra information
1 Clearly may be a sentence adverb.
2 Clearly and clear are dogmatic.
3 Prefer a more neutral alternative if appropriate
example of no change
She spoke clearly.
further reading
Fowler’s English Usage p 150 (clear, clearly)
Garner’s Dictionary pp 161, 632 (overstatement), 792–3 (sentence adverbs), 926 (weasel words)
Garner’s Legal Style pp 36, 129, 192–3
Garner’s Redbook p 192 (clearly; obviously)
Howard’s Guide p 81 (clear/clearly; clear/plain)
Howard’s Handbook p 80 (clear/clearly; clear/plain)
Longman English Usage pp 137–8
Mellinkoff’s Dictionary pp 83–4 (clear/clearly/clear days/clear title)
close proximity
see—in close proximity
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cohabit

usage—never use
try—live together (in a domestic relationship)
extra information
formal word
see also—LA s 169 (References to domestic partner and domestic partnership)
further reading
Garner’s Redbook p 193
Mellinkoff’s Dictionary pp 89–90
Right Words p 82
commence

usage—consider alternatives before using
try— start /begin / no change
extra information
1 formal word
2 Prefer start or begin if appropriate.
3 However, commence should be used to describe legislation starting (see LA,
s 11 (Meaning of commencement notice) and s 80 (References to
commencement of law)).
4 Definite nuances exist with start as opposed to begin or commence. Usually
used for physical movement, in some contexts start may suggest an abruptness.
5 Use begin for periods of time (use begin with end, not finish).
examples of no change
on the commencement of this section, …
examples of change
1 to commence start an appeal
2 the period commencing beginning on the day the appointment takes effect
3 Before commencing starting to operate the factory, …
4 to commence start a proceeding
further reading
Blamires’ Plain English p 104
Bryson’s Troublesome Words p 39
Cutts pp 27, 31
Evans p 125
Fowler’s English Usage pp 163, 309 (formal words)
Garner’s Dictionary pp 102 (begin), 174–5 (commence, begin, start), 369 (formal words)
Garner’s Legal Style p 106
Garner’s Redbook p 158
Gowers’ Plain Words p 213
Howard’s Guide p 87 (commence/start)
Howard’s Handbook p 90 (commence/start)
Hudson pp 83, 305 (ploddery)
Longman English Usage p 151
Partridge pp 71, 331 (start)
Right Words p 87
Working Words p 122
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common

usage—consider alternatives before using
try—mutual / no change
extra information
Common means shared by 2 or more. Mutual involves reciprocity. Common
contrasts with mutual in emphasising sharing rather than reciprocation in a
relationship.
examples of no change
1 common interest
2 mutual affection
further reading
Bryson’s Troublesome Words pp 131–2 (mutual, common)
Cambridge Style Guide pp 149–50 (common or mutual)
Garner’s Legal Style p 107 (common; mutual)
Garner’s Redbook pp 166, 222 (mutual; common)
Howard’s Guide p 88 (common/mutual)
Howard’s Handbook p 91 (common/mutual)
Oxford English Usage pp 150–51 (mutual)
Longman English Usage p 463 (mutual/reciprocal/common)
Partridge pp 71-2 (common)
Working Words p 122 (common/mutual/reciprocal)
Commonwealth

usage—consider alternatives before using
try—omitting / Australia / federal / no change
extra information
1 can be a redundancy
2 Connection with the Commonwealth is often implied and need not be stated.
3 For geographical references, prefer Australia. For other references, use
Commonwealth or Australia as is most appropriate in the context.
see also—LA, dict, pt 1, def Commonwealth
further reading
Cambridge Style Guide p 150
Cwlth Style Manual p 124
Evans p 125, 130 (federal/Commonwealth)
Right Words pp 88–91
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comparatively

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
Comparatively can only properly be used if something has been mentioned or
implied giving a standard of comparison. If there is no standard of comparison
(direct or implied), the use of comparatively is meaningless.
example of change
Output can be expanded in a comparatively short time.
further reading
Bryson’s Troublesome Words pp 39, 174 (relatively)
Fowler’s English Usage p 164
Gowers’ Plain Words p 50
Howard’s Guide p 90 (comparatively/relatively)
Longman English Usage p 152 (comparative(ly)/relative(ly))
Right Words p 91 (comparatively/relatively)
Working Words p 124 (comparatively/relatively)
compare to / with

usage—consider alternatives before using
try—compare with / compare to / liken to / recasting / no change
extra information
1 Something can be compared to or with something else. Historically, a
distinction has existed between compare to and compare with, but is no longer
consistently observed. Compare to was used to emphasise the way in which
people or things are similar to others. In other words, compare to was used when
liken to could be substituted. Compare with was used when both similarities and
differences are being considered.
2 However, compared to and compared with are becoming indistinguishable in
meaning.
3 If compare is used without an object, only with can be used.
4 In using compare, make sure that like is compared with like.
examples of no change
1 Shall I compare thee to a summer’s day?
2 If we compare the speaker’s notes with the report of her speech, …
examples of change
1 My present house is smaller compared to than my previous house.
2 Money cannot be compared to with happiness.
further reading
Blamires’ Plain English p 185 (compared with)
Bryson’s Troublesome Words p 39 (compare to, compare with)
Cambridge Style Guide p 151 (compare with or compare to)
Fowler’s English Usage pp 164–5
Garner’s Dictionary p 183
Garner’s Legal Style p 107
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compare to / with [continued]
Garner’s Redbook p 194 (compare with; compare to)
Gowers’ Plain Words pp 213–4
Howard’s Guide p 91 (compare to/with)
Howard’s Handbook p 93 (compare to/with)
Longman English Usage pp 152–3
Partridge p 73 (compare to; compare with)
Right Words pp 91–2 (compare/contrast)
Strunk and White p 43 (compare)
Working Words pp 124–5
compelling

usage—consider alternatives before using
try—recasting (using more precise words) / persuasive / no change
extra information
1 can be a weasel word
2 Prefer a more precise, neutral alternative if appropriate.
3 Compelling is not synonymous with impelling. If something is compelling, it
forces you to do something; if something is impelling, it encourages or urges
you to do something.
further reading
Bryson’s Troublesome Words pp 39–40 (compel/impel)
Garner’s Dictionary p 926 (weasel words)
Garner’s Redbook p 194 (compel; impel)
Howard’s Guide pp 93–4 (compelling/compulsive)
Howard’s Handbook pp 93-4 (compelling/compulsive)
Longman English Usage p 155 (compel/impel)
Right Words p 93 (compelling/compulsive)
compile

usage—avoid using if possible
try—prepare / compose
extra information
Prefer a simpler alternative if appropriate
example of change
The board must compile prepare a list of approved service providers.
further reading
Longman English Usage p 157 (compose/compile)
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complete
[as verb]

usage—consider alternatives before using
try—finish / end / fill in / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 For the use of end, see cease.
4 Do not unnecessarily qualify complete, ie avoid more complete, less complete,
most complete and least complete.
see also—entirely and completely; finish and complete; full and complete
examples of no change
1 The warrant form was properly completed.
2 The study is the most complete study to date.
examples of change
1 The person has satisfactorily completed finished a course of training.
2 Complete Fill in the form.
3 on the completion of when the repairs are finished
4 This book is more complete deals with a wider range of material [or goes into
more detail] than the other.
further reading
Bryson’s Troublesome Words pp 40–1
Garner’s Dictionary p 369 (formal words)
Howard’s Guide p 90 (complete as an adjective)
Howard’s Handbook p 94 (complete)
Longman English Usage p 156
completely void

usage—avoid using if possible
try—void
extra information
redundancy
further reading
Black’s Law Dictionary p 1604 (void)
Garner’s Dictionary p 919 (void; voidable)
compliance
see—in compliance with
comply
see—fail to / fail to comply
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component

usage—consider alternatives before using
try—part / no change
example of no change
an electrical component sold separately
further reading
Blamires’ Plain English pp 35–6
Cutts p 27
compose
see—comprise
compound
[as a verb]

usage—consider alternatives before using
try— add to / aggravate / complicate / exacerbate / heighten / increase / intensify /
multiply / settle / worsen / no change
extra information
1 formal word
2 Compound means, among other things, to mix together into a composite whole,
to settle by mutual agreement. It does not mean (or, at least, did not originally
mean) to multiply, make worse, aggravate or complicate. However, usage is
shifting.
3 Prefer a more specific alternative if appropriate.
examples of change
1 The delay only compounded aggravated the mistake.
2 The strike compounded added to the difficulties caused by the city’s inadequate
carparks.
further reading
Black’s Law Dictionary p 304 (compound)
Bryson’s Troublesome Words pp 41–2
Fowler’s English Usage p 167
Garner’s Dictionary pp 187–8, 813 (slipshod extension)
Garner’s Redbook p 167
Gowers’ Plain Words pp 214–5
Howard’s Guide p 92 (compound a felony)
Longman English Usage p 157
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comprise

usage—avoid using if possible
try—consist of / composed of / include / contain / made up of / have / formed of /
constitute / is
extra information
1 formal word
2 If possible, use an alternative.
3 Comprise needs to be used with care.
4 Comprise may be used in 2 ways: (1) to mean made up of, eg ‘Waltzing
Mathilda’ comprises 4 verses; and (2) to mean combine to make up, eg the
4 verses comprise ‘Waltzing Mathilda’. However, the second of these uses has
been criticised.
5 Comprise does not need of. Do not use comprised of. It is never correct.
6 The difference between comprise and include is that comprise is correct if all
the components are listed and include if only some of them are.
examples of no change
1 All the parts make up the whole, and the whole comprises all the parts.
2 The Minister may endorse the documents that comprise the scheme.
examples of change
1 land comprising consisting of 1 parcel
2 if the property comprises includes the house
3 The register may comprise have divisions.
4 a motor vehicle that comprises is an excavator, bulldozer or forklift truck
5 a device comprising consisting of 2 sets of teeth
further reading
Blamires’ Plain English p 51 (comprise/consist)
Bryson’s Troublesome Words p 42
Cambridge Style Guide p 155 (comprise or composed of)
Fowler’s English Usage pp 167–8, 387 (include, comprise)
Garner’s Dictionary p 187 (compose; comprise)
Garner’s Legal Style p 107 (comprise; compose)
Garner’s Redbook p 194 (comprise; compose)
Gowers’ Plain Words p 215
Howard’s Guide p 92 (compose/comprise/consist/include)
Longman English Usage pp 157–8 (comprise, consist, compose, constitute, include)
NZ Legislation Manual p 42
Oxford English Usage p 125
Partridge p 76 (comprise and constitute)
Right Words p 94 (compose/comprise)
Strunk and White p 43
Working Words pp 126–7 (compose/comprise/constitute)
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conceal

usage—consider alternatives before using
try—hide / no change
extra information
1 formal word
2 Prefer hide if appropriate.
example of no change
concealed weapon
further reading
Fowler’s English Usage p 309 (formal words)
Garner’s Dictionary pp 189–90, 369 (formal words)
Garner’s Redbook p 158
Howard’s Guide p 93 (conceal/hide)
Howard’s Handbook p 95 (conceal/hide)
concept

usage—consider alternatives before using
try—idea / plan / design / invention / thought / program / no change
extra information
1 vogue word
2 Prefer a more concrete alternative if appropriate.
example of change
a new concept idea in personal computing
further reading
Blamires’ Plain English pp 26–7 (concept/value)
Cutts pp 27, 31
Fowler’s English Usage p 169
Garner’s Dictionary p 190 (concept; conception)
Garner’s Redbook p 158
Gowers’ Plain Words p 215
Howard’s Guide p 94
Longman English Usage p 158
Working Words p 128
conceptual

usage—consider alternatives before using
try—recasting / no change
extra information
Conceptual refers to the forming of concepts by generalising from particulars. It
does not mean, for example, concept, idea or conception.
further reading
Garner’s Dictionary p 190
Gowers’ Plain Words p 215
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concerned
see—as far as … is/are concerned; at least as far as … is/are concerned
concerning

usage—consider alternatives before using
try—about / affecting / in relation to / no change
extra information
1 formal word
2 Concerning can be used as a conjunction (introducing a clause) or a preposition
(introducing a noun). Concerning is often used with jargon (eg ‘Concerning
your problem...’). Concerning should, therefore, be used with care to avoid
verbosity.
3 Prefer a simpler alternative if appropriate.
4 For the use of affecting, see affect.
examples of change
1 a false or misleading statement concerning about the price payable for the land
2 Any relevant indigenous organisation must be consulted about every issue
concerning affecting the child or young person.
further reading
Cutts p 27
Garner’s Legal Style p 49 (as acceptable dangler)
Garner’s Redbook p 158
Gowers’ Plain Words pp 18, 135
New Oxford Dictionary p 380
Partridge p 80 (conjunctions, disguised—concerning)
concerns
see—as concerns / as regards / as respects
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conclude

usage—consider alternatives before using
try—end / finish / decide
extra information
1 formal word
2 Prefer an alternative if appropriate.
examples of no change
The countries concluded a free trade agreement.
examples of change
1 He concluded finished his speech with a question.
2 The judge concluded decided the case.
further reading
Black’s Law Dictionary p 308 (conclude)
Garner’s Dictionary p 191
Garner’s Redbook p 167
Fowler’s English Usage p 170
Partridge p 77
conclusive
see—final and conclusive
concur

usage—consider alternatives before using
try—agree
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
The third judge concurred with the presiding judge.
example of change
I concur agree with your argument.
further reading
Fowler’s English Usage p 170
Garner’s Dictionary p 194
conditions
see—terms and conditions
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conform

usage—consider alternatives before using
try—comply / (recasting using eg in accordance with)
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
He conformed to what was expected of a model son. [or He did what was expected
of a model son.]
example of change
She conformed to complied with the direction.
further reading
Cambridge Style Guide p 157 (conform to / conform with)
Garner’s Dictionary p 201
Howard’s Guide p 95 (conform to or with)
Howard’s Handbook p 97 (conform to/with)
conformity

usage—avoid using if possible
try—in accordance with / in agreement with / under
extra information
formal word
examples of change
1 The registrar must register an instrument lodged in conformity accordance with
this Act.
2 an act done in conformity with under a registered power of attorney
confrontation

usage—consider alternatives before using
try—conflict / argument / disagreement / dispute / no change
extra information
can be a vogue word
further reading
Gowers’ Plain Words p 216
Howard’s Guide p 95
Longman p 160
Working Words p 129
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conjunction
see—in conjunction with
connection
see—for and/or in connection with; in connection with; in and/or in connection
with; in this connection
consensus

usage—consider alternatives before using
try—agreement / no change
extra information
1 can be a vogue word
2 Prefer agreement if appropriate.
3 Consensus is inappropriate to use in relation to just 2 people because it means
general agreement or collective opinion.
4 Do not use consensus of opinion or general consensus.
example of change
general consensus general view
further reading
Black’s Law Dictionary p 323 (consensus)
Bryson’s Troublesome Words p 43
Cambridge Style Guide p 160 (consensus or concensus)
Fowler’s English Usage p 172
Garner’s Dictionary p 205
Garner’s Legal Style p 108
Gowers’ Plain Words p 216
Howard’s Guide p 96 (consensus of opinion)
Howard’s Handbook pp 98–9 (consensus of opinion)
Longman English Usage p 162 (consensus/census)
Partridge p 80
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consent

usage—consider alternatives before using
try—agree / approve / permit / acquiesce / no change
extra information
1 In general terms, to consent means to give permission for something to happen
or to agree to something. Consent has different elements in various areas of the
law and needs to be used with care.
2 Prefer an alternative if appropriate.
examples of no change
1 Consent is not a defence to some crimes.
2 consent judgment
3 consent to act
4 consent to marriage
examples of change
1 If the authority consents agrees to the request...
2 The solicitor could not accept service without her client’s consent permission.
further reading
Black’s Law Dictionary p 323 (consent)
Butterworths Legal Dictionary pp 249–50, 250 (consent award or decision; consent judgment;
consent of the owner; consent order; consent to prosecution; consent to act; consent to marriage;
consent to nomination)
New Oxford Dictionary p 391
Use the Right Word p 115 (consent/acquiesce/agree/assent/concur/subscribe)
Working Words p 48–9 (ascent/assent/consent)
consequence

usage—consider alternatives before using
try—result / effect / outcome
extra information
formal word
see also—as a consequence of; in consequence of
example of no change
Section 10 sets out the consequences of entering the agreement.
examples of change
1 minimise the consequences effects of motor vehicle accidents
2 a financial hardship or other consequence result of the interest remaining subject
to the order
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consequential

usage—consider alternatives before using
try—follows from / no change
extra information
Consequential has now only 2 meanings in common use. It can mean ‘important’ or
‘self-important’, eg ‘the consequential officials’. It also means ‘in the nature of a
consequence or sequel’, eg ‘consequential amendments’ and ‘consequential
changes’. In this sense, it is particularly applied to results that are indirect or
secondary and incidental, eg ‘consequential loss’. For all other purposes,
consequent is the adjective of consequence. However, use follows from rather than
is consequent on—see consequent on.
further reading
Fowler’s English Usage pp 172–3
Garner’s Dictionary p 205 (consequent/consequential)
Gowers’ Plain Words p 216
Howard’s Guide p 96 (consequent or consequential)
Howard’s Handbook p 99 (consequent/consequential)
Partridge p 80
Working Words p 131 (consequent/consequential/subsequent)
consequently

usage—avoid using if possible
try—so / accordingly / recasting (using neutral words) / no change
extra information
1 sentence adverb
2 Prefer a more neutral alternative if appropriate.
further reading
Cutts p 27
Evans p 126
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
Garner’s Redbook p 158
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consequent on

usage—avoid using if possible
try—because of / under / follows from / recasting
extra information
1 compound preposition
2 formal phrase
3 usually means a direct result—compare with consequential, which means an
indirect result.
4 Prefer an alternative if appropriate.
example of change
This amendment is consequent on follows from [or gives effect to] an undertaking
made by the Minister.
further reading
Garner’s Dictionary p 205 (consequent)
Howard’s Guide p 96 (consequent or consequential)
Howard’s Handbook p 99 (consequent/consequential)
consider
see—give consideration to
considerable

usage—consider alternatives before using
try—significant / substantial / omitting / recasting (using more precise words)
/ no change
extra information
1 vague word
2 Considerable is not generally appropriate for concrete things, eg a ‘large’ house
rather than a ‘considerable’ house.
3 Prefer a more precise alternative if appropriate.
further reading
Fowler’s English Usage pp 173–4
Gowers’ Plain Words p 52
Longman English Usage p 163
Partridge p 81
Working Words p 131
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consideration
[in a non-legal sense]

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 Avoid using consideration as an omnibus word. See kind for extra information.
2 Prefer more precise words if appropriate.
see also—give consideration to
example of change
The consideration that has led to reason for the rejection of your claim …[or Your
claim has been rejected because…]
further reading
Fowler’s English Usage p 174 (considerateness, consideration)
Garner’s Legal Style p 205
Gowers’ Plain Words p 4
consist of / in

usage—consider alternatives before using
try—consist in / consist of / recasting / no change
extra information
1 It is generally accepted that there is a difference between consist of and consist
in. Consist of refers to the substance of which the subject is made or composed.
It is usually used in relation to concrete nouns, especially materials. Consist in
defines the subject by referring to its essential features or qualities. It is usually
used in relation to abstract concepts.
2 Because consist in is not commonly used and may sound formal, prefer
recasting if appropriate.
examples of no change
1 The chair consists of wood and metal.
2 The work of the section consists in registering instruments. [or The section
registers instruments.]
further reading
Blamires’ Plain English p 51 (comprise/consist)
Cambridge Style Guide p 161
Fowler’s English Usage pp 174–5 (consist)
Garner’s Dictionary p 207
Garner’s Redbook p 196 (consist of; consist in)
Gowers’ Plain Words p 216
Longman English Usage p 163
Oxford English Usage p 126
Partridge p 81 (consist in and consist of)
Working Words p 132
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constitute

usage—consider alternatives before using
try—form / establish / is / make up / set up / be / recasting (using, eg required
for) / no change
extra information
1 formal word
2 Prefer a less formal alternative if appropriate.
examples of no change
1 a change to the club’s constitution
2 The tribunal is constituted by 1 member. [or One member makes up the
tribunal.]
3 the person who constitutes the entity
examples of change
1 The last of the members constitute form the majority.
2 Six members constitute form a quorum. [or Business may be carried on at the
meeting only if at least 6 members are present.]
3 a body constituted established under this Act
4 does not constitute is not the entire interest
5 The making of the order does not constitute is not a conviction for the offence.
6 The giving of information to a territory body must be held to constitute is not a
breach of confidence.
7 The chemicals are not close enough to the fuel system to constitute be a fire
hazard.
8 a bag that, if filled with beanbag filling, would constitute be a beanbag
9 If the conduct constituting required for an offence consists of …
10 A person is not criminally responsible for an offence if the person’s conduct
constituting making up the offence was a result of …
11 The person who carried out the conduct was under a mistaken belief about facts
that, had they existed, would have meant that the conduct would not have
constituted been an offence.
12 The conduct may constitute be professional misconduct.
further reading
Cutts p 27
Garner’s Redbook p 158
Partridge p 76 (comprise and constitute)
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construct

usage—consider alternatives before using
try—build / form / frame / put together / make / no change
extra information
Prefer a simpler alternative if appropriate.
examples of change
1 The factory was constructed built of bricks.
2 If a ship is being constructed built, …
construe

usage—avoid using if possible
try—interpret / omitting / recasting
extra information
Prefer an alternative.
example of change
A reference to X is to be construed as a reference to Y.
further reading
Black’s Law Dictionary p 333 (construe)
Collector of Customs v Agfa-Gevaert Ltd (1996) 71 ALJR 123 at 127
Cutts p 27
Fowler’s English Usage pp 175–6 (construct/construe)
Mellinkoff’s Dictionary p 112 (construction/interpretation)
consult with

usage—never use
try—consult / confer (with) / seek (information or advice) / discuss (with) / ask /
recasting
extra information
1 phrasal verb
2 Use the simple verb or an alternative.
see also—meet with/meet up with; miss out on; visit with
examples of change
1 I consulted with my doctor about the rash. [or asked]
2 I intend to consult with my colleagues about your proposal. [or I intend to
discuss your proposal with my colleagues. or I will ask my colleagues about
your proposal.]
3 He consulted with checked his diary to check see if he was available for the
meeting.
further reading
Cambridge Style Guide p 583 (phrasal verbs)
Fowler’s English Usage pp 594–5 (phrasal verbs)
Gowers’ Plain Words p 184
Howard’s Guide p 98 (consult or consult with)
Howard’s Handbook p 101 (consult/consult with)
Longman English Usage p 164 (consult)
New Oxford Dictionary p 394 (consult)
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contained in

usage—avoid using if possible
try—in / under
extra information
verbosity
example of change
a classification contained in under an award
contend
see—would argue/contend/submit
context
see—in the context of; where/if the context permits/allows
contiguous to

usage—avoid using if possible
try—next to / adjacent to / adjoining
extra information
1 formal word
2 If possible, use an alternative.
see also—adjacent; adjoining
example of no change
the contiguous zone
examples of change
1 contiguous adjoining blocks of land
2 She parked her car contiguous next to mine.
further reading
Black’s Law Dictionary p 338 (contiguous; contiguous zone)
Butterworths Legal Dictionary p 260 (contiguous; contiguous zone)
Dick p 155
Garner’s Dictionary pp 24 (adjacent; contiguous), 26 (adjoin), 213
Garner’s Legal Style p 183
Garner’s Redbook p 158
Longman English Usage p 166 (contiguous, contagious)
New Oxford Dictionary pp 396–7
Partridge p 6 (adjacent; contiguous)
Right Words p 12 (adjacent/adjoining/contiguous)
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contrary intention
see—except where/if a contrary intention appears; unless the contrary intention
appears
controvert

usage—never use
try—dispute / deny / oppose
extra information
formal word
further reading
Garner’s Redbook p 197 (contravene; controvert)
convene

usage—avoid using if possible
try—call / come together / assemble / arrange
extra information
formal word
example of change
The interim clerk must convene call the first meeting.
convenience
see—at your earliest convenience/at your convenience
convey

usage—avoid using if possible
try—give / transmit / communicate / tell / inform / advise / make known /
transfer / carry
extra information
1 formal word
2 has a technical meaning in land law eg ‘In a conveyance it is not necessary to
use the word ‘grant’ to convey land. Any words that indicate an intention to
convey the land are sufficient.’
3 convey means to transfer real property.
further reading
Garner’s Redbook p 168 (conveyance in terms of art)
Words and Phrases: A Guide to Plain Legal Language
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convict

usage—consider alternatives before using
try—find guilty / recasting / no change
extra information
1 Conviction needs to be used with care. For example, it may be possible for a
defendant to be found guilty of an offence, but be discharged without
conviction.
2 If possible, do not use convict in provisions creating offences.
example of change
A person who contravenes a notice is guilty of an offence punishable on conviction
by... A person must not contravene a notice.
Maximum penalty: .....
see also—LA, dict, pt 1, def found guilty
convince

usage—consider alternatives before using
try—persuade / no change
extra information
1 Do not use convince to mean persuade. You may convince someone of a fact, or
convince someone that you are right, but it is debatable whether you can
convince someone to do something.
2 Use convince with that or of, not to.
further reading
Blamires’ Plain English p 19 (convince, persuade, induce)
Bryson’s Troublesome Words p 44 (convince, persuade)
Fowler’s English Usage p 182
Garner’s Dictionary pp 222 (convince/persuade), 655–6 (persuade/convince)
Garner’s Redbook p 197 (convince; persuade)
Gowers’ Plain Words p 217
Longman English Usage p 169
Partridge p 83
Working Words p 138 (convince/persuade)
corporate
see—body corporate
correct
see—true and correct
could
see—can
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course
see—during the course of; in the course of; of course
covenant

usage—consider alternatives before using
try—contract under seal / contract / agreement / condition / no change
extra information
1 formal word
2 vague word (with a number of meanings)
3 Covenant has a technical legal meaning.
4 Prefer an alternative if appropriate.
examples of no change
1 a covenant to enter and view
2 the International Covenant on Civil and Political Rights 1966
example of change
He entered into a covenant contract [or contract under seal or deed] to sell the land.
further reading
Black’s Law Dictionary p 391 (covenant)
Butterworths Legal Dictionary pp 297–8
Garner’s Dictionary p 234
Garner’s Redbook p 163 (covenant and agree in doublets)
Mellinkoff’s Dictionary pp 135–6 (covenant), 116–8 (contract/agreement)
crash
[as an adjective]

usage—avoid using if possible
try—condensed / quick / short / intensive
extra information
vogue word
examples of change
1 a crash short course [or condensed course]
2 launch a crash quick program
further reading
Fowler’s English Usage pp 188–9
Gowers’ Plain Words p 217
Howard’s Guide p 105
Longman English Usage p 175
Partridge p 377 (vogue words)
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credence

usage—consider alternatives before using
try—credibility / plausibility / credulity / recasting (using credible, creditable or
a simpler alternative) / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
3 Credence, credibility, credible, creditable, credulity and credulous are
sometimes confused. Credence means belief or trust and also plausibility;
credibility, the quality of being believable or trustworthy; credible, believable,
convincing or impressive; creditable, deserving of credit or respect; credulity,
the quality of being ready to believe; and credulous, gullible or ready to believe.
Credulity, like credulous, has negative connotations and implies being too ready
to believe.
4 However, there are different views about whether credible can be used to mean
convincing or impressive.
see also—credibility; credulity/credulous
example of change
I don’t find her argument credible agree with her argument.
further reading
Blamires’ Common Errors p 82 (credible)
Blamires’ Plain English pp 36–7 (credible/credibility)
Cambridge Style Guide p 172 (credible or creditable; credulity or credibility)
Crystal’s English Usage pp 57, 120 (at 14)
Fowler’s English Usage p 189 (credence, credit, credibility; credible, creditable, credulous)
Garner’s Dictionary p 235 (credible; credulous; creditable)
Garner’s Legal Style p 109 (credible, creditable, credulous)
Garner’s Redbook p 198 (credible; creditable; credulous; incredulous)
Gowers’ Plain Words p 217 (credence, credibility, credulity)
Howard’s Guide p 106 (credibility; credible or credulous; credit)
Howard’s Handbook p 109 (credible/credulous)
Hudson p 99 (credible, credulous, credit)
Longman English Usage pp 175–6 (credence, credibility), 176 (credible, credulous, creditable)
New Oxford Dictionary pp 430 (credence; credibility; credible), 431 (creditable; credulous)
Oxford English Usage p 127 (credible)
Partridge p 84 (credible; creditable; credulous)
Right Words p 101 (credible/creditable)
Working Words p 148 (credible/creditable/credulous)
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credibility

usage—consider alternatives before using
try—plausibility / credence / credulity / recasting (using credible, creditable or
a simpler alternative) / no change
extra information
1 formal word
2 Prefer plausibility or another simpler alternative if appropriate.
3 For the use of credence, credibility, credible, creditable, credulity and
credulous, see credence.
example of no change
The government has lost credibility on the issue.
example of change
The book’s anecdotes have scant regard for credibility plausibility [or are
unbelievable].
credulity / credulous

usage—consider alternatives before using
try—credence / credibility / plausibility / recasting (using, eg gullible) / no
change
extra information
1 formal word that sometimes has negative connotations
2 Prefer a simpler alternative if appropriate.
3 For the use of credence, credibility, credible, creditable, credulity and
credulous, see credence.
example of change
His credulity gullibility was touching.
criminate

usage—never use
try—incriminate
extra information
1 now a needless variant of incriminate
2 becoming archaism
further reading
Garner’s Dictionary p 237
Mellinkoff’s Dictionary p 141
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Crown

usage—never use
try—Territory / Commonwealth / State / government / prosecution / recasting
example of change
The property is forfeited to the Crown Territory.
further reading
Fowler’s English Usage pp 191–2
curiously / curious

usage—avoid using if possible
try—recasting (using neutral words) / no change
extra information
1 Curiously is a sentence adverb.
2 Curiously and curious are value-loaded words.
3 Prefer a neutral alternative if appropriate.
example of no change
Children are naturally curious.
example of change
I find your argument curious. I do not agree with your argument.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
current / currently

usage—consider alternatives before using
try—now / at present / omitting / no change
extra information
Current and currently are frequently redundant because currency is implicit in the
context.
example of no change
This section applies if the driver has been engaged in non-local area work at any
time in the last 28 days but is not currently engaged in non-local area work.
further reading
Bryson’s Troublesome Words p 46 (current, currently)
Garner’s Redbook p 229 (presently; currently; momentarily)
Gowers’ Plain Words p 218 (currently)
Howard’s Guide p 109
Howard’s Handbook p 111
Strunk and White p 44 (currently)
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curtilage

usage—never use
try—recasting
extra information
1 formal word
2 What is included in a curtilage can be uncertain.
further reading
Black’s Law Dictionary pp 411–2
Butterworths Legal Dictionary p 313
Garner’s Dictionary p 241
Garner’s Redbook p 198 (curtilage; messuage)
Mellinkoff’s Dictionary p 145
customary

usage—consider alternatives before using
try—usual / no change
extra information
Prefer usual if appropriate.
example of no change
customary law
example of change
The work is to be carried out in the customary usual way.
further reading
Black’s Law Dictionary p 413 (customary)
cutting edge
see—on the cutting/leading edge
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date

usage—consider alternatives before using
try—day / recasting / no change
extra information
1 Do not use date if day would be appropriate.
2 Use date of commencement of this Act / this regulation only if all provisions
commence at the same time (but see LA, s 80).
see also—to date
examples of no change
1 The magistrate must tell the officer the date and time the warrant was signed.
2 the time and date stated in the notice.
3 the claimant’s date of birth.
examples of change
1 beginning on the date day after its expiry
2 on or before the closing date day
day
see—at the present day
day and age
see—in this day and age
dearth

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 formal word
2 Dearth means scarcity and not lack of.
3 Dearth can contribute to abstract, loose writing. Prefer more precise words if
appropriate.
example of change
1 A dearth of information exists There is very little information on the subject.
2 There is a complete dearth of no authority on the point.
further reading
Fowler’s English Usage p 199
Garner’s Dictionary p 249
Gowers’ Plain Words p 80
Longman English Usage p 186
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D
debtee

usage—never use
try—creditor
extra information
needless variant for creditor
further reading
Mellinkoff’s Dictionary p 189 (-ee)
decease / deceased

usage—consider alternatives before using
try—die / deceased person / dead / death / no change
extra information
1 formal words
2 euphemisms
3 Prefer die, deceased person or death, unless the effect would be too abrupt or
harsh.
4 Never use ‘the deceased’.
example of change
A worker is not entitled to weekly compensation if the worker is a deceased
person dead.
further reading
Garner’s Dictionary pp 249 (death; demise; decease etc), 251 (decease and deceased etc)
Gowers’ Plain Words p 218
Longman English Usage p 188
Mellinkoff’s Dictionary p 152 (deceased, decedent)
Partridge p 88
decide
see—hear and decide
decide to grant / decide to refuse to grant

usage—never use
try—give / refuse to give / grant / refuse to grant
extra information
verbosity
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D
decision
see—make a decision; take a decision
deduct

usage—consider alternatives before using
try—subtract from / take away / take from / take off / no change
extra information
1 Prefer take off or subtract from if appropriate.
2 Subtract and deduct both express diminution in total or quantity. To subtract
suggests taking a part from a whole or a smaller from a larger, eg to subtract a
transfer fee from the amount of a transfer. To deduct suggests taking an amount
or quantity from a total or aggregate so as to lessen or lower it, eg to deduct a
discount.
example of no change
The authority may deduct the overpayment amount from the person’s salary.
example of change
The cost of processing the claim may be deducted from subtracted from the amount
of the refund.
further reading
Cutts p 27
Garner’s Redbook p 199 (deduce; induce; deduct; deduction; induction)
Macquarie Dictionary pp 565, 2113 (subtract)
Partridge pp 88 (deduce; deduct), 338 (subtract)
Random House Dictionary pp 520, 1898 (subtract)
Working Words p 163 (deduce/deduct)
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D
deem / deemed

usage—never use
try—taken / treated as / regarded as / considered / thought / recasting
extra information
1 Deem is a formal word for consider, think, judge, treat as or esteem.
2 Deemed used to be frequently used in legislation to create fictions. The
abandonment of deemed for this purpose in Australia is now too well
established to revert to its previous use. Use taken to create legal fictions.
3 In creating a legal fiction, you should ask—
• are you actually creating a legal fiction?
• is the artificiality really necessary and appropriate?
examples of change
1 I deemed it expedient thought it best not to worry you.
2 He deemed considered it his duty not to vote.
3 A person is deemed taken to consent if … [or, if consent is not ‘fictional’, a
person consents if …]
further reading
Black’s Law Dictionary p 446
Butterworths Legal Dictionary pp 332 (deem) and (deemed credit sale contract), 333 (deemed
dividend), (deemed employee), (deemed employer), (deemed income), (deemed manufacturer),
(deemed supply) and (deeming clause)
Cutts p 27 (deem)
Fowler’s English Usage p 201 (deem)
Garner’s Dictionary pp 254 (deem), 369 (formal words)
Garner’s Legal Style p 109 (deem)
Gowers’ Plain English p 218 (deem)
Howard’s Guide p 115 (deem)
Law Words 1995 pp 13–5
Longman English Usage p 190 (deem)
Mellinkoff’s Dictionary p 156 (deem and consider)
New Oxford Dictionary p 481
NZ Legislation Manual p 42
Partridge pp 32 (archaisms), 89 (deem)
Working Words p 163 (deem)
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D
default

usage—consider alternatives before using
try—failure / recasting / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
the default setting
example of change
in default of appearance if the person does not appear
further reading
Butterworths Legal Dictionary p 334
Working Words p 165
defer

usage—consider alternatives before using
try—delay / put off / postpone / no change
extra information
Do not use defer if delay is meant.
examples of no change
1 I defer to your view.
2 The court may defer the operation of the order.
3 A person whose obligation to pay an amount is deferred because of the making
of an application must pay interest.
example of change
She sought to defer delay the inevitable.
further reading
Black’s Law Dictionary p 454
Cutts p 27
Fowler’s English Usage p 201 (extended forms and derivatives)
Longman English Usage p 191
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D
definite / definitely / definitive

usage—consider alternatives before using
try—omitting / definite / definitely / emphatic / no change
extra information
1 vogue words
2 Definitely and definite are often used unnecessarily as emphasisers (see
examples of change).
3 Definitive differs from definite by giving the idea of authority, conclusiveness,
exhaustiveness or finality. A definite offer is an offer clear and precise in its
terms. A definitive offer is an offer said to be the last word by the person making
it.
4 Prefer an alternative if appropriate.
see also—actually/actual; real/really
examples of change
1 Lead is definitely harmful to a worker’s health.
2 The Minister approved the definite appointment of 2 arbitrators.
3 His answer was a definitive definite [or emphatic] no.
further reading
Blamires’ Common Errors p 86 (definite/ definitive)
Blamires’ Plain English p 53 (definite/ definitive)
Bryson’s Troublesome Words p 53 (definite, definitive)
Cambridge Style Guide p 194 (definite or definitive)
Crystal’s English Usage pp 57, 120
Fowler’s English Usage pp 19 (actually), 202 (definite, definitely) and (definite, definitive)
Garner’s Dictionary pp 257 (definite; definitive), 919 (vogue word)
Garner’s Legal Style p 33 (vogue word)
Garner’s Redbook p 200 (definite; definitive)
Gowers’ Plain Words pp 53, 219 (definitive)
Howard’s Guide pp 115–6 (definite and definitely), 116 (definite and definitive)
Howard’s Handbook p 120 (definite/definitive)
Hudson p 305 (ploddery (definitive for definite))
Longman English Usage p 191 (definite, definitive)
Partridge pp 89 (definite and definitive), 280 (really, actually and definitely)
Right Words p 108 (definite/definitive)
Working Words p 165 (definite/definitive)
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October 2006
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D
degree

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
1 Degree is vague and abstract, but can sometimes be useful. Consider if it is
necessary because it is often overused.
2 Prefer words that are more direct and specific.
example of no change
1 She has an honours degree.
2 sexual assault in the first degree
3 …the degree of rotation allowed…
4 …to a significant degree…
5 …type or degree of disability…
example of change
1 to a serious degree seriously
2 in a disastrous degree disastrously
3 may use a reasonable degree of force
further reading
Blamires’ Common Errors p 87
Butterworths Legal Dictionary p 339 (degree of force, degree of risk)
Fowler’s English Usage pp 202–3
Gowers’ Plain Words p 189
Howard’s Guide p 116
Howard’s Handbook p 120 (to a degree)
Longman English usage p 192
Partridge pp 4 (abstract nouns), 89 (degree, in a)
delegate
[as a noun]

usage—consider alternatives before using
try—omitting / no change
extra information
1 can be a redundancy
2 It is usually unnecessary to refer to delegates exercising powers (see LA, s 239
and on delegations generally, see LA, pt 19.4.)
further reading
Butterworths Legal Dictionary p 340
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D
deleterious

usage—never use
try—harmful
extra information
formal word
example of change
a substance that has a deleterious harmful effect on the user
further reading
Black’s Law Dictionary p 459
Gowers’ Plain Words p 219
Longman English Usage p 192
deliver

usage—consider alternatives before using
try—give / provide / supply / recasting / no change
extra information
1 can be formal word for give, provide or supply
2 can be a vogue word, eg ‘Will the Government deliver on tax cuts?’
3 Prefer an alternative if appropriate.
example of no change
When can you deliver the car?
example of change
1 the cost of delivering providing dental services
2 The jury delivered gave its verdict.
see also—signed, sealed and delivered
further reading
Blamires’ Common Errors p 87
Butterworths Legal Dictionary p 342 (delivery)
Garner’s Dictionary pp 262–3 (delivery)
Howard’s Guide p 116
Howard’s Handbook p 121
Longman English Usage p 193
Mellinkoff’s Dictionary p 161
Partridge p 377 (vogue words)
delusion
see—illusion
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D
demand

usage—consider alternatives before using
try—require / ask / no change
extra information
1 can be formal word for require or ask
2 Prefer require or ask if appropriate.
examples of no change
1 Her solicitor sent a letter of demand.
2 supply and demand
3 The wolf demanded to be let in.
further reading
Blamires’ Common Errors p 87
Fowler’s English Usage p 204 (for preposition usage with demand)
Howard’s Guide p 117
Howard’s Handbook p 121 (demand from/of/on)
Longman English Usage p 193
Mellinkoff’s Dictionary p 162
Partridge p 89
demise

usage—never use
try—lease / transfer / death / end / downfall / recasting
extra information
1 formal word
2 euphemism for death
3 Ambiguous—can have various technical legal meanings
4 Do not use demise to mean end or downfall.
examples of change
1 His demise death is remembered with sadness.
2 Acid rain caused the demise end of fishing in the lake [or ended fishing in the
lake].
3 The conflict of interest scandal led to the Minister’s demise resignation.
further reading
Black’s Law Dictionary p 464
Bryson’s Troublesome Words p 53
Butterworths Legal Dictionary pp 343–4
Blamires’ Common Errors p 87
Fowler’s English Usage p 204
Garner’s Dictionary pp 249 (death; demise; deceased etc), 264, 369 (formal words)
Howard’s Guide p 117
Garner’s Redbook p 168
Mellinkoff’s Dictionary p 163
Partridge p 89
Right Words p 110 (demise)
Working Words p 168
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–9
D
demonstrate

usage—consider alternatives before using
try—show / no change
extra information
1 can be formal word for show
2 Prefer show if appropriate.
example of no change
The detective demonstrated to the court how the gun had been fired.
example of change
They demonstrated showed their appreciation by giving flowers.
de novo

usage—never use
try—recasting
extra information
1 foreign phrase
2 A trial de novo is a completely new trial, as distinguished from a review of the
first trial.
example of change
The appeal is a hearing de novo of the matter anew.
further reading
Butterworths Legal Dictionary p 322
Mellinkoff’s Dictionary p 113
depart

usage—consider alternatives before using
try—leave / go away / recasting / no change
extra information
1 formal word
2 Prefer leave or go away if appropriate.
example of change
The port captain may require the ship to depart from leave the pilotage area.
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–10
D
depend

usage—consider alternatives before using
try—depend on / no change
extra information
It is wrong in writing, though common in speech, to omit the on after depends.
example of change
It depends on whether it rains before harvesting.
further reading
Blamires’ Plain English pp 214–5 (depend/depending)
Fowler’s English Usage p 205
Gowers’ Plain Words p 219
Howard’s Guide p 118 (depend, depend on or upon)
Howard’s Handbook p 124 (depend on/upon)
Longman English Usage p 195
dependant / dependent

usage—consider alternatives before using
try—dependent / dependant / no change
extra information
1 Dependant is a noun meaning a person who depends on someone else for
support.
2 Dependent is an adjective meaning relying on or subject to something else.
further reading
Blamires’ Plain English p 53
Cambridge Style Guide pp 196–7 (in support of a more flexible approach)
Fowler’s English Usage p 205
Gowers’ Plain Words p 219
Howard’s Guide pp 94 (conditional or dependent), 118 (dependant or dependent)
Howard’s Handbook pp 96 (conditional/dependent), 123 (dependant/dependent)
Longman English Usage p 195
Partridge p 90
Right Words p 110 (dependant/dependent)
Working Words p 169
depth
see—in depth
deputy chairperson
see—chairperson
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–11
D
derogate

usage—never use
try—recasting (using, eg does not limit / is in addition to / is an example of)
extra information
1 formal word
2 legalese
examples of change
1 This section does not derogate from limit section 10.
2 Without derogating from limiting section 10, …
[Note
It would be preferable to recast the clause as a separate provision in a
positive form (see example 1).]
described

usage—consider alternatives before using
try—mentioned / stated / specified / no change
extra information
1 Prefer mentioned if appropriate.
2 Be careful not to draw artificial distinctions in provisions by using different
words to say essentially the same thing, eg do not say in one provision ‘a person
mentioned in section x’, and in another provision ‘a thing described in
section y’, if the person or thing is only being identified by the reference.
examples of change
1 the condition described mentioned in subsection (3)
2 a student described mentioned in section 6
designate

usage—avoid using if possible
try—name / choose / declare
extra information
formal word
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–12
D
desires

usage—consider alternatives before using
try—wishes /wants / no change
extra information
Prefer wishes or wants.
example of change
A person who desires wants to carry out work on a road must give written notice to
the authority.
further reading
Gowers’ Plain Words p 219
Howard’s Guide p 120 (desire, want or will)
Howard’s Handbook p 125 (desire/want/wish)
Longman English Usage p 198
desist

usage—never use
try—stop / end / cease / no change
extra information
1 formal word
2 Prefer an alternative.
3 For the use of end and stop, see cease.
further reading
Cutts p 27
Evans p 128
Garner’s Dictionary pp 270, 369 (formal words)
Gowers’ Plain Words p 219
Longman English Usage p 198
despatch
see—dispatch
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–13
D
despite

usage—avoid using if possible
try—omitting / although / recasting
extra information
1 If possible, avoid using despite [provision/instrument] (see subject to).
2 For the use of the fact that with despite, see the fact that.
further reading
Blamires’ Plain English pp 215–6
Butterworths Legal Dictionary p 803 (notwithstanding)
Cutts p 27 (despite the fact that)
Garner’s Redbook p 160 (despite the fact that)
Howard’s Guide p 120 (despite, despite of, in spite of)
Howard’s Handbook p 126 (despite/despite of/in spite of)
Law Words 1995 pp 53–5 (notwithstanding)
Longman English Usage p 198
NZ Legislation Manual pp 43–4 (notwithstanding–subject to)
detain

usage—consider alternatives before using
try—hold (in custody) / arrest / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary pp 270 (detention), 369 (formal words)
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–14
D
determine

usage—consider alternatives before using
try—decide / settle / fix / conclude / end / recasting (using work out / find out) / no
change
extra information
1 formal word
2 Never use as an alternative to end
3 Prefer decide or another alternative if appropriate.
see also—hear and determine
examples of no change
1 A determination under subsection (4) is a disallowable instrument.
2 The Minister may determine fees for this Act.
examples of change
1 the amount determined in accordance with worked out as follows:
2 determining deciding the class of an area
3 to determine decide the level of the substance
4 a device to help determine fix a ship’s position
5 A trustee holds office on the terms determined decided by the Minister.
6 the tests for determining deciding
7 the most recent valuation determined decided under section 10
8 Either party may determine end the lease
further reading
Butterworths Legal Dictionary p 354
Cutts p 27
Garner’s Dictionary pp 271, 369 (formal words)
Gowers’ Plain Words p 219
Howard’s Guide p 121 (determine or find out)
Howard’s Handbook p 126 (determine/find out)
Longman English Usage p 200
detriment

usage—consider alternatives before using
try—harm / injury / damage / loss / no change
extra information
1 formal word
2 Prefer a less formal alternative if appropriate.
further reading
Black’s Law Dictionary p 481
Butterworths Legal Dictionary p 354
Gowers’ Plain Words p 219 (detrimental)
Mellinkoff’s Dictionary pp 167–8
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–15
D
develop

usage—consider alternatives before using
try—arise / happen / take place / come / no change
extra information
1 vague word
2 The primary use of develop is to give the idea of a gradual unfolding or building
up. But increasingly used in the sense of any change in a situation (eg ‘a sudden
development’).
3 Prefer a more precise alternative if appropriate.
further reading
Gowers’ Plain Words pp 17, 220
Howard’s Guide p 121
Howard’s Handbook p 127
Longman English Usage p 200
Partridge p 92
devise
[by will]

usage—avoid using if possible
try—give / give by will
extra information
1 Devise is a technical legal term meaning to give an interest in land by will. The
equivalent term for personal property is bequeath. However, devise will be taken
to include personal property if that is clearly the intention of the testator.
2 If it is necessary to use the term devise, a note should be included explaining
what it means.
3 Similarly, if the alternative give by will is used in legislation, consideration
should be given to including a note explaining that it means the same as the
technical legal term.
4 If possible, use an alternative to devise.
see also—bequeath; give, devise and bequeath
examples of change
1 I devise give my house to my daughter, Bronwyn.
2 She devised gave her house to the foundation. [If necessary, making it clear that
the gift was made by will.]
further reading
Black’s Law Dictionary p 483
Butterworths Legal Dictionary p 355
Garner’s Dictionary pp 104–5 (bequeath), 273 (devise; bequeath)
Garner’s Redbook pp 169, 201 (devise; bequest; legacy)
Law Words 1995 pp 31–3 (give, devise and bequeath)
Mellinkoff’s Dictionary p 269 (give, devise and bequeath)
New Oxford Dictionary p 506
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–16
D
devise
[plan or invent]

usage—consider alternatives before using
try—plan / invent / arrange / work out / no change
extra information
1 Devise means to plan or invent a complex procedure, system or mechanism by
careful thought. It should not be used a synonym for any plan or arrangement.
2 Prefer a simpler alternative if appropriate.
example of no change
She devised an ingenious system to separate the waste into various useful products.
example of change
He devised worked out the shortest route between work and home.
further reading
Garner’s Dictionary p 273 (devise; bequeath)
Garner’s Redbook p 169
Longman English Dictionary p 201 (device, devise)
New Oxford Dictionary p 506
Partridge p 92 (device; devise)
Right Words p 112 (device/devise)
Working Words p 176 (device/devise)
dichotomy

usage—consider alternative before using
try—difference / conflict / gap / division / no change
extra information
1 formal word
2 Dichotomy is properly used to differentiate between 2 mutually exclusive groups
and should not be used to mean simply difference, conflict or gap.
3 Prefer an alternative if appropriate.
example of no change
the dichotomy between theory and practice
example of change
The dispute widened the dichotomy gap between the 2 groups.
further reading
Fowler’s English Usage p 211
Gowers’ Plain Words p 220
Longman English Usage p 203
Partridge p 93
Working Words p 177
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–17
D
diem
see—per diem
different to / than

usage—consider alternatives before using
try—different from / recasting / no change
extra information
1 Different from (but indifferent to) is the normal usage, although different to and
different than are sometimes used. Different from contrasts with similar to.
2 The use of different to and different than has been criticised. As there is usually
little to be gained by using either phrase, different from or recasting should
generally be preferred.
3 Prefer different from or recasting if appropriate.
example of no change
His writing style is similar to hers, but different to most peoples’.
example of change
The procedure in rule 8 is similar to the procedure in rule 9, but different to from
the procedure in rule 2.
further reading
Blamires’ Plain English p 188 (different)
Blamires’ Queen’s English pp 20–1 (different from / other than)
Bryson’s Troublesome Words pp 55–6 (different from, to, than)
Cambridge Style Guide pp 203–4 (different from, different to, and different than), 746 (than)
Evans p 128 (different from/to/than)
Fowler’s English Usage pp 212–3 (different)
Garner’s Dictionary pp 275–6 (different (from) (than))
Garner’s Legal Style p 110 (different than)
Garner’s Redbook p 201 (different from; different than)
Gowers’ Plain Words p 220 (different)
Howard’s Guide p 124 (different from, to or than)
Howard’s Handbook p 131 (different from/to/than)
Hudson pp 113-4 (differ(ent/ently) from/than/to)
Longman English Usage p 206 (different)
New Oxford Dictionary p 514 (different)
Oxford English Usage pp 130–1
Partridge p 356 (than, different)
Right Words p 113 (different from/different to)
Strunk and White p 44 (different than)
Working Words pp 178–9 (different from / different to)
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–18
D
differ with

usage—consider alternatives before using
try—differ from / recasting / no change
extra information
1 In the sense of to be different, the idiom is to differ from. In the sense of to
disagree, it is either differ from or differ with. However, differ from is the
normal usage.
2 Prefer differ from or recasting if appropriate.
3 Differ from can be ambiguous in some contexts. For example, ‘She differs from
her brother’ can mean that they are different in particular respects or hold
different opinions.
further reading
Fowler’s English Usage p 212 (differ)
Garner’s Dictionary p 275 (differ (from) (with))
Gowers’ Plain Words p 220 (differ)
Garner’s Redbook p 201 (differ from; differ with)
Howard’s Guide p 124 (differ from or with)
Howard’s Handbook pp 131–2 (differ from/with)
Hudson pp 113–4 (differ (ent/ently) from/than/to)
Longman English Usage p 206 (differ)
New Oxford Dictionary p 514 (differ)
Partridge p 94 (differ from; differ with)
dilemma

usage—consider alternatives before using
try—difficulty / plight / predicament / problem / difficult choice / difficult situation
/ no change
extra information
1 Traditionally to be in a dilemma meant to be faced with 2 (and only 2)
alternative courses of action, each of which is unpleasant or difficult. Like
alternative, dilemma is now appropriately used where there are more than
2 choices. However, the number of choices should be definite and each of them
must be unpleasant or difficult.
2 Dilemma should not be used to mean any difficulty or predicament. For this, use
an alternative.
example of no change
He was in a dilemma; should he resign or should he face the disciplinary
proceeding?
example of change
We are in a dilemma have a difficult choice about where to take our holidays.
further reading
Bryson’s Troublesome Words p 56
Fowler’s English Usage p 214
Garner’s Dictionary pp 277, 813 (slipshod extension)
Gowers’ Plain Words p 221
Howard’s Guide p 125
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–19
D
dilemma [continued]
Howard’s Handbook p 132
Hudson p 115
Longman English Usage p 207
New Oxford Dictionary p 516
Partridge p 94
Right Words p 113
Working Words p 179
directly

usage—consider alternatives before using
try—direct / when / immediately / recasting / no change
extra information
Direct, although an adjective, is, like directly, an adverb. To avoid ambiguity, it is
better to confine directly to its meaning of immediately in time and so avoid the
possibility of confusion between, eg ‘the Minister is going to Sydney direct’ and
‘the Minister is going to Sydney directly’.
examples of change
1 The tenant may arrange directly direct with the authority for a reading of the
meter.
2 Please ring me directly when as soon as you receive this letter.
further reading
Cambridge Style Guide pp 205–6 (direct or directly)
Fowler’s English Usage p 215
Gowers’ Plain Words p 221
Howard’s Guide pp 125–6 (direct or directly)
Howard’s Handbook p 133 (direct/directly)
Longman English Usage p 208
Partridge p 94
disburse
[also disbursement]

usage—avoid using if possible
try—pay / pay out
extra information
formal word
example of no change
Counsels’ fees are generally a disbursement.
further reading
Butterworths Legal Dictionary p 363 (disbursement)
Cutts p 27
Gowers’ Plain Words p 221
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–20
D
discharge
see—pay, satisfy and discharge; perform and discharge; relieve and discharge
disclaim

usage—consider alternatives before using
try—recasting (using not responsible / not claimed / not accepted) / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
The trustee in bankruptcy may disclaim property vested in the trustee.
further reading
Butterworths Legal Dictionary p 365 (disclaim) and (disclaimer)
Garner’s Dictionary p 252 (disclaim; declaim)
Garner’s Redbook p 202 (disclaim; declaim)
Mellinkoff’s Dictionary p 171
disclose

usage—consider alternatives before using
try—inform / mention / point out / say / show / state / tell / reveal /
no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
A person must not disclose confidential information.
further reading
Gowers’ Plain Words p 221
Howard’s Guide p 127 (disclose or reveal)
Howard’s Handbook p 135 (disclose/reveal)
Longman English Usage p 210
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–21
D
discontinue

usage—consider alternatives before using
try—end / stop / finish / cease / no change
extra information
1 formal word
2 Do not use discontinue as a pretentious synonym for end, stop, finish or cease.
3 For the use of end and stop, see cease.
examples of no change
1 The plaintiff discontinued the proceeding.
2 That line of shoes has been discontinued.
example of change
He discontinued stopped reading the book.
further reading
Butterworths Legal Dictionary pp 366–7 (discontinuance of proceedings)
Cutts p 27
Garner’s Redbook p 158
Longman English Usage p 210
Howard’s Guide p 371 (stop, cease, discontinue or terminate)
Howard’s Handbook p 344 (stop/cease/discontinue/terminate)
disinterested

usage—avoid using if possible
try—unbiased / impartial / objective / lacking interest / bored / uninterested /
indifferent
extra information
1 Disinterested means unbiased by personal interest. It is sometimes used to mean
uninterested (ie not interested) or indifferent. Its use in the second sense is
controversial.
2 The distinction between disinterested and uninterested does not appear to be
well understood. Because there is little point in attempting to maintain a
distinction that is not widely accepted and understood and there are appropriate
alternatives, disinterested is best avoided.
3 If possible, use an alternative.
further reading
Blamires’ Plain English p 54 (disinterested/uninterested)
Blamires’ Queen’s English p 233 (disinterested (uninterested))
Bryson’s Troublesome Words p 57 (disinterested, uninterested)
Cambridge Style Guide p 210 (disinterested or uninterested)
Fowler’s English Usage pp 218–9, 808 (uninterested)
Garner’s Legal Style p 110
Garner’s Redbook pp 169, 202 (disinterested; uninterested)
Gowers’ Plain Words p 222
Howard’s Guide p 397 (uninterested or disinterested)
Howard’s Handbook p 137 (disinterested/uninterested)
Longman English Usage p 212
New Oxford Dictionary p 530
Partridge p 95
Right Words p 410 (uninterested/disinterested)
Strunk and White p 44
Working Words p 185 (disinterested/uninterested)
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–22
D
dispatch

usage—avoid using if possible
try—send / post
extra information
1 formal word for send
2 Do not spell as despatch.
further reading
Cutts p 27 (despatch)
Howard’s Guide p 129 (dispatch or despatch)
Howard’s Handbook p 137 (dispatch/despatch)
Partridge p 95
disseminate

usage—avoid using if possible
try—circulate / distribute / publish / issue / send
extra information
formal word
diverge / divergent

usage—consider alternatives before using
try—differ / different / no change
extra information
If 2 paths diverge, they get further away from each other. Diverge and divergent do
not mean the same thing as differ and different. Their meanings differ, but they do
not diverge.
see also—different to/than
further reading
Bryson’s Troublesome Words p 55 (differ, diverge)
Gowers’ Plain Words p 222
Howard’s Guide p 128 (discrepancy or divergence)
Howard’s Handbook p 136 (discrepancy/divergence)
Longman English Usage p 217
Working Words p 178 (differ/diverge)
divided into

usage—consider alternatives before using
try—composed of / separated / broken into / split between / no change
extra information
An apple, halved, is divided into sections, but an apple is composed of seeds, flesh
and skin.
further reading
Strunk and White p 44
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–23
D
does not exceed

usage—consider alternatives before using
try—not exceeding / not greater than / not more than / at most / not over /
up to / recasting (using under / less than / lighter than / shorter than / smaller than /
younger than) / no change
extra information
Prefer an alternative. Generally, prefer recasting if appropriate.
example of change
the aggregate quantity does not exceed is not more than …
doing
see—capable of doing
domicile

usage—consider alternatives before using
try—house / (place of) residence / recasting (using, eg place where the person lives
/ usually lives / resides) / no change
extra information
1 technical legal concept
2 Also used as a formal, pretentious word for a person’s home. Do not use
domicile to mean home or residence.
example of no change
His domicile of origin is Italy.
example of change
I have engaged a builder to renovate my domicile house.
further reading
Black’s Law Dictionary p 523
Butterworths Legal Dictionary p 383
Cutts p 28 (dwelling, domicile)
Garner’s Dictionary p 291
Garner’s Redbook p 169
Mellinkoff’s Dictionary pp 179–80
New Oxford Dictionary p 547
Partridge p 96
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–24
D
donate
[also donation]

usage—consider alternatives before using
try—give / no change
extra information
1 formal word
2 Prefer give if appropriate.
example of no change
she donated generously to the red cross
further reading
Fowler’s English Usage pp 225–6, 309 (formal words)
Garner’s Dictionary pp 292, 369 (formal words)
Gowers’ Plain Words p 222
Longman English Usage p 220
Right Words p 120
doubt whether / if / that

usage—consider alternatives before using
try—doubt whether / doubt if / doubt that / no change
extra information
1 Idiom requires whether or if after a positive statement and that after a negative
statement.
2 Consider the alternatives before using doubt whether (see whether).
further reading
Bryson’s Troublesome Words p 60 (doubt if, that, whether)
Gowers’ Plain Words pp 222–3
Howard’s Guide p 134
Howard’s Handbook p 142 (doubt if/that/whether)
Longman English Usage p 223
Partridge p 97
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–25
D
due

usage—consider alternatives before using
try—payable / owing / expected (at) / planned (for) / proper / adequate /
recasting (using, eg merited) / omitting / no change
extra information
1 Traditionally, due (when used in relation to a payment) contained an ambiguity,
because it could mean either (1) ‘payable; owing; constituting a debt’ or (2)
‘immediately payable’. Sense (1) relates to the fact of indebtedness, sense (2) to
the time of payment. Today, sense (2) is almost invariably the intended one.
2 Because a debt cannot be due without also being payable, the doublet due and
payable is unnecessary in place of due. However, due and payable has been
interpreted to mean required to be paid immediately. If that meaning is intended,
it is preferable to say so rather than use the doublet due and payable.
3 The use of due to mean the proper quality or extent is often unnecessary.
4 Prefer an alternative if appropriate.
5 For the use of adequate, see sufficient.
see also—due to
examples of no change
1 the day when the licence is due for renewal
2 She was due for a promotion.
3 She turned left and drove due south down the road.
4 due diligence
5 due process of law
6 due skill and care
7 due date (for, eg payment)
examples of change
1 due and payable [or payable immediately]
2 due for payment payable
3 payments due amounts payable
4 the commissioner must have due regard to consider [or take into account]
5 the amount of the levy is due and owing payable
6 debt due payable to the Territory
7 due proper notice [Note
It would be better to explain what due/proper means,
eg given in time and complying with certain requirements]
8 The new boundaries will take effect for the election that is due to be held before
2008.
9 He is due expected back soon.
10 He was only taking what was due owed to him.
11 He had paid his membership dues fees for years.
12 due proper administration of justice
13 due proper skill and care
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–26
D
due [continued]
further reading
Blamires’ Common Errors p 101
Blamires’ Queen’s English p 242
Butterworths Legal Dictionary pp 393 (due administration of justice), (due and payable) and (due
diligence), 1104-5 (standard of care)
Garner’s Dictionary pp 298–9, 299 (due process of law)
Mellinkoff’s Dictionary pp 181–3
New Oxford Dictionary p 570 (due, due date and due diligence)
due to
[as adjective / preposition]

usage—consider alternatives before using
try—because of / since / owing to / as /caused by / recasting / no change
extra information
1 compound preposition
2 The traditional view is that due to (in the sense of because) is an adjective and
must be attached to a noun. Despite the increasing use of due to as a preposition,
the traditional view still has its strong supporters. Until the use of due to as a
preposition becomes more firmly established, it is best not used as a preposition.
3 The simplest approach is to avoid due to altogether (except in the sense of
required or owed as a legal or moral obligation) and to use because of (or a
similar prepositional phrase). Another approach is to remember that due to
should be regarded with suspicion unless it is used in the sense of caused by.
(According to the traditional view, due to can rarely be used to begin a sentence.
Due to at the beginning of a sentence should be treated with particular
suspicion.)
4 Prefer an alternative if appropriate.
5 Due to the fact that can usually be replaced by because (see the fact that).
example of no change
I have 2 weeks leave due to me.
examples of change
1 He was absent due to because of illness.
2 She lost the case due to because of her damaging admissions.
further reading
Blamires’ Common Errors pp 101–3
Blamires’ Plain English pp 206–8
Blamires’ Queen’s English pp 74, 129–33
Bryson’s Troublesome Words p 61
Cambridge Style Guide p 219 (due to or owing to)
Cutts p 28
Fowler’s English Usage pp 232–3
Garner’s Legal Style p 111
Garner’s Dictionary pp 298–9
Garner’s Redbook p 204 (due to; because of)
Gowers’ Plain Words p 109
Howard’s Guide p 137 (due to or owing to)
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–27
D
due to
[as adjective / preposition] [continued]
Howard’s Handbook p 144 (due to/owing to)
Hudson pp 120, 319–20 (prepositional phrases)
Longman English Usage p 227
New Oxford Dictionary p 570
Partridge p 98
Right Words p 125 (due to/owing to)
Strunk and White pp 44–5
Working Words p 66 (because of/owing to/due to)
duly

usage—avoid using if possible
try—properly / omitting
extra information
1 formal word
2 Duly is usually unnecessary.
examples of change
1 a duly properly completed form [Note It would usually not be necessary to
substitute ‘properly’. If something needs to be substituted it would be better to
explain what ‘properly completed’ means]
2 duly incorporated
further reading
Cutts pp 33–4
Garner’s Dictionary pp 299 (duly authorised), 926 (weasel words)
Howard’s Guide p 137
Howard’s Handbook p 144
Mellinkoff’s Dictionary pp 181–3
duration
see—for the duration of
during

usage—consider alternatives before using
try—when / while / for / in / throughout / no change
extra information
Prefer an alternative if appropriate.
see also—during such time as/during the time that; during the course of; during
which; for and during
example of no change
The register may be inspected during normal working hours.
examples of change
1 a report on the commissioner’s operations during for the year
2 the number of claims received during in the previous month
3 during the month of in March 2007
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–28
D
during such time as / during the time that

usage—never use
try—while / as long as / during
extra information
verbosity
further reading
Evans p 129 (during such time as)
Garner’s Dictionary p 300
Garner’s Legal Style p 183
Garner’s Redbook p 160
Gowers’ Plain Words p 60
Longman English Usage p 228 (during)
Wydick p 16
during the course of

usage—avoid using if possible
try—while / during
extra information
verbosity
further reading
Garner’s Dictionary p 300
Garner’s Redbook p 160
Longman English Usage p 228 (during)
during which

usage—consider alternatives before using
try—when
extra information
1 compound preposition
2 Prefer when if appropriate.
example of change
the hours of the day during which when
duty

usage—consider alternatives before using
try—function / recasting (using must) / role / obligation / no change
extra information
1 Function is defined in the LA, dict., pt 1 to include authority, duty and power
(see also def exercice).
2 Prefer function to duty, except to refer exclusively to an obligation.
see also—it is the duty of
example of change
It is the duty of the insurer to The insurer must make payments to the claimant.
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–29
D
dwell

usage—consider alternatives before using
try—live / reside / recasting / no change
extra information
1 formal word for live (as a resident).
2 becoming an archaism for live
3 Prefer live or reside if appropriate.
example of no change
She let her eyes dwell on them for a moment.
examples of change
1 He has dwelt lived in Canberra for almost 30 years.
2 Don’t dwell on live in the past.
further reading
Black’s Law Dictionary p 546
Fowler’s English Usage p 234
Garner’s Redbook p 158
Longman English Usage p 229
New Oxford Dictionary p 557
Partridge p 32 (archaism)
dwelling / dwelling house

usage—avoid using if possible
try—house (if necessary after defining to include part of a house) / home /
recasting (using, eg place where the person lives / usually lives / resides)
extra information
1 formal word
2 Dwelling house has an established legal meaning.
3 If possible, use an alternative.
example of change
Service of an originating application in a proceeding to recover unoccupied land
may be made by posting a copy of the application on a door of a dwelling house on
the land.
further reading
Black’s Law Dictionary p 546
Butterworths Legal Dictionary p 399 (dwelling house)
Cutts p 28 (dwelling, domicile)
Garner’s Dictionary p 301 (dwelling house; dwelling; usual place of abode)
New Oxford Dictionary p 577
Words and Phrases: A Guide to Plain Legal Language
October 2006
D–30
E
each

usage—consider alternatives before using
try—a / an / the / omitting / recasting (using, eg all) / no change
extra information
1 Each should be used only when necessary.
2 If the subject of the sentence is plural, it is almost never necessary to use each. If
the subject is singular, use each only if the meaning of the sentence would be
unclear without it, eg use of a would allow the unintended interpretation that an
obligation is discharged by applying it to a single member of a class rather than
any or all of them.
3 If each is the subject of a sentence, the verb is singular and so is any pronoun,
eg ‘Each student has a room to herself’. If a plural noun or pronoun is the
subject, with each in opposition, the verb is plural, eg ‘They have a room each’.
4 If singular nouns linked by and are accompanied by each, the verb is singular,
eg ‘Each student and graduate is entitled to attend the ceremony’.
5 Avoid using between with each.
see also—on each occasion when
example of no change
Each account must be fully audited.
example of change
The receipts A receipt must each be made in triplicate.
further reading
Asprey pp 122 (each and every), 165–6 (Any, each, every and all)
Bryson’s Troublesome Words p 62
Cambridge Style Guide pp 28–9 (1. verb–subject agreement)
Dick p 144
Dickerson p 131
Fowler’s English Usage p 235
Garner’s Dictionary pp 302–3
Garner’s Redbook pp 139-40 (Idioms with ‘each’ and ‘every’)
Gowers’ Plain Words pp 108 (between each), 129–30
Howard’s Guide p 139 (each; each and every; each other or one another)
Howard’s Handbook p 146 (each; each and every; each other/one another)
Longman English Usage p 230
NZ Legislation Manual pp 40–1
Partridge p 99
Right Words p 127 (each/every)
Strunk and White p 10
Working Words p 196
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–1
E
each and all

usage—never use
try—each / all / a / an / the / recasting
extra information
doublet
further reading
Garner’s Redbook p 163
Mellinkoff’s Dictionary p 186
each and every

usage—never use
try—each / every / a / an / the / all / recasting
extra information
doublet
further reading
Garner’s Dictionary p 302
Garner’s Legal Style p 111
Garner’s Redbook p 163
Howard’s Guide p 139
Howard’s Handbook p 146
Longman English Usage p 230
Mellinkoff’s Dictionary p 186
Partridge p 99
Strunk and White p 45
earliest
see—at your earliest convenience / at your convenience
earnt

usage—never use
try—earned
extra information
generally regarded as non-standard English
example of change
earnt earned income
further reading
Fowler’s English Usage p 236 (earn)
Howard’s Guide p 139 (earned or earnt)
Howard’s Handbook p 146 (earned/earnt)
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–2
E
easterly (direction) /
eastwardly /eastward(s)

usage—consider alternatives before using
try—east / eastward / eastwards / eastern / no change
extra information
1 Prefer east or eastwards to easterly if appropriate.
2 Easterly is appropriately applied to winds, airstreams, currents etc, and means
‘from the east’. It is also appropriately used to modify words implying motion or
a position (notionally) arrived at by previous motion.
3 Do not use in an easterly direction. Substitute east or eastwards.
4 Use eastward as an adjective.
5 As an adverb, prefer eastwards. However, for the increasing trend not to use an
‘s’ in words ending in ward(s) (see forward/forwards).
examples of no change
1 an easterly wind
2 They took an eastern course.
3 the eastern region of the State
4 an eastward flight
examples of change
1 They set out in an easterly direction eastwards.
2 The easterly east side of New York.
3 She set out eastwards went east.
further reading
Cambridge Style Guide pp 225–6 (east, eastern or easterly), 520 (north, northern or northerly),
705–6 (south, southern or southerly), 799–800 (-ward or -wards), 804 (west, western or westerly)
Fowler’s English Usage pp 236 (easterly etc) and (eastward), 528 (northward(s))
Garner’s Dictionary pp 278 (directional words), 924 (-ward(s), 927 (westerly)
Howard’s Guide p 286 (North, South, East, West or north, south, east, west; north or northern etc;
northward, northwards or northerly etc)
Howard’s Handbook pp 268-9 (North/north; Northern/northern; northward/northwards/northerly...)
Longman English Usage pp 231 (eastward), 478 (north, northern) and (northward(s)), 664
(southward(s)), 762 (-ward(s)), 767 (westwards)
Partridge pp 100 (easterly and eastern), 216 (northward; northwards), 317 (southward;
southwards)
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–3
E
economic / economical

usage—consider alternatives before using
try—economical / economic / financial / no change
extra information
Economic is used for matters related to economics and the structure of the economy
at large. Garner (Garner’s Redbook) suggests that financial should be used when
writing about a company’s or household’s money. Economical is used for economy
measures by which extravagance and waste are avoided.
example of change
The business was economically financially sound.
further reading
Bryson’s Troublesome Words p 63
Cambridge Style Guide p 227
Garner’s Dictionary pp 303, 899 (uneconomic(al))
Garner’s Redbook p 208 (financial; economic; economical)
Gowers’ Plain Words p 223
Howard’s Guide p 141
Howard’s Handbook p 148
Longman p 232
Partridge p 101
edge
see—on the cutting/leading edge
effect

usage—consider alternatives before using
try—do / produce / bring about / is / applies / force / make / operate / begin /
start / outcome / affect / result / omitting / recasting (using more precise words)
/ no change
extra information
1 vague word
2 Prefer the most precise alternative if appropriate.
3 Do not use effect for make.
4 Use as a noun is more acceptable than as a verb.
5 For the use of effect and affect, see affect.
6 Prefer in force to in effect when referring to legislation.
see also—affect / force and/or effect; full force and effect; null and of no
effect/legal effect; to the effect that; void and of no effect
examples of no change for affect and effect
1 The strike affected our travel plans. (verb)
2 We felt the effect of the strike on our travel plans. (noun)
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–4
E
effect [continued]
examples of no change
1 The order ceases to have effect.
2 an effective, efficient and accountable system of local government
3 describing the general effect of the recommendation
4 the effectiveness and efficiency of the maritime industry
5 exercise effective control of a motor vehicle
examples of change
1 This section has effect is subject to section 10.
2 section 11 has effect applies
3 until a further valuation takes effect for applies to the land
4 the withdrawal must be effected brought about
5 if an amendment has the effect of changing changes a rate
6 Service of a document by post may be effected made by properly addressing,
prepaying and posting the document as a letter.
7 On service of the notice, the following provisions have effect operate...[or omit
words after ‘notice’]
further reading
Blamires’ Common Errors p 106
Blamires’ Plain English pp 46-7 (affect/effect)
Blamires’ Queen’s English p 230 (affect (effect))
Bryson’s Troublesome Words p 5 (affect, effect)
Cambridge Style Guide p 26 (affect or effect)
Crystal’s English Usage pp 34, 119
Fowler’s English Usage p 31 (affect, effect)
Garner’s Dictionary p 34 (affect; effect)
Garner’s Legal Style p 101 (affect; effect)
Garner’s Redbook p 184 (affect; effect)
Howard’s Guide p 12 (affect or effect)
Howard’s Handbook p 12 (affect/effect)
Hudson pp 15–6 (affect (ive/ed), effect (ive/ed)), 129 (effect(uate)), 305 (ploddery)
Longman English Usage p 23 (affect, effect)
Melinkoff’s dictionary p 250 (force and effect)
New Oxford Dictionary p 28 (affect)
Oxford English Usage p 115 (affect)
Partridge p 8 (affect and effect)
Right Words p 17 (affect/effect)
Strunk and White p 45
Working Words p 21 (affect/effect)
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–5
E
effectual

usage—never use
try—effective / adequate / satisfactory / recasting
extra information
formal word
example of change
The dealing is effectual to confer confers a paramount title.
effectuate

usage—never use
try—effect / give effect to / carry out / perform / bring about / cause to
happen / bring into effect / recasting
extra information
formal word
further reading
Garner’s Dictionary pp 305–6 (effect C. and effectuate), 369 (formal words)
Garner’s Legal Style p 112 (effect; effectuate)
Garner’s Redbook p 204 (effect; effectuate)
Hudson p 129 (effect(uate))
Right Words p 130 (effectuate)
effort
see—in an effort to
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–6
E
eg

usage—consider alternatives before using
try—for example / ie / such as / that is / no change
extra information
1 For the use of eg and ie, see ie.
2 Abbreviations such as eg can be freely used in legislation in notes, tables and
provision headings, where brevity is of particular importance. (It would,
however, be unlikely that eg could appropriately be used in a provision
heading.)
3 In general writing the use of eg is now generally acceptable in more contexts
than in the past. For example, it can be used in general writing as part of the text
inside brackets. In legislation eg can, therefore, be used in provisions (including
examples) inside brackets.
4 A comma or another punctuation mark (eg an opening bracket or dash) should
usually be used before eg. A comma should not be used after eg.
5 Use without full stops.
example of no change
There are many imaginary creatures, eg ghouls, in the cupboard.
further reading
Asprey p 162
Blamires’ Plain English pp 112-3 (Latin abbreviations)
Cambridge Style Guide pp 231–2
Cutts pp 38–9
Cwlth Style Manual p 155 (Latin shortened forms)
Evans p 129
Fowler’s English Usage p 240
Garner’s Dictionary p 307
Garner’s Legal Style p 112 (eg; ie)
Garner’s Redbook p 204 (e.g.; i.e.)
Howard’s Guide p 143 (eg or ie)
Howard’s Handbook p 150 (eg/ie)
Longman English Usage pp 234–5 (eg, ie)
Oxford English Usage p 133 (eg; ie)
Right Words p 130
Spelling Guide
Strunk and White p 3
Working Words p 200 (eg/ie)
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–7
E
either … or

usage—consider if use is appropriate
try—recasting / no change
extra information
1 Either … or requires proper balancing of the sentence (see both … and).
2 Avoid using either for more than 2 choices because either suggests a duality.
further reading
Blamires’ Plain English p 259 (Word order)
Bryson’s Troublesome Words p 64 (either)
Garner’s Legal Style pp 45 (either), 66, 67, 128–9 (either…or)
Gowers’ Plain Words p 102
Howard’s Guide p 143 (either)
Howard’s Handbook pp 150-1 (either)
Right Words p 131 (either)
Strunk and White p 27
Working Words p 201
elect
[also election]

usage—consider alternatives before using
try—choose / recasting (using may) / omitting / no change
extra information
can be a formal word
example of no change
an election for members of the Legislative Assembly
examples of change
1 A person may elect to make a claim.
2 If the chair is not present at a meeting, the members present may elect choose a
member present to preside.
further reading
Cutts p 28
Garner’s Redbook p 158 (elect to)
elucidate

usage—never use
try—clarify / explain / expand on / shed light on
extra information
formal word
further reading
Garner’s Redbook p 158
Gowers’ Plain Words p 223
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–8
E
elude
[or elusive]
see—allude
emolument

usage—never use
try—bonus / pay / wages / salary / remuneration / earnings / money / income /
salary and allowances
extra information
formal word
example of change
The emolument she received for The income from her part-time work were was not
large.
further reading
Butterworths Legal Dictionary p 413
Fowler’s English Usage p 309 (formal words)
Garner’s Dictionary p 370 (formal words)
Gowers’ Plain Words p 223 (emoluments)
Howard’s Guide pp 306-7 (pay, salary, wages, remuneration, stipend or emoluments)
employ
[as use / apply]

usage—avoid using
try—use / apply / no change
extra information
1 Formal word for use or apply.
2 Prefer use or apply.
examples of change
1 They employed used a large crane to lift the beams.
2 He employed used a red biro to settle the draft.
further reading
Blamires’ Common Errors p 107
Fowler’s English Usage p 309 (formal words)
Garner’s Dictionary p 370 (formal words)
Gowers’ Plain Words p 223
Longman English Usage p 242
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–9
E
empower

usage—never use
try—recasting (using may) / permit / allow / authorise / give power
extra information
formal word
see also—authorise and empower
examples of change
1 … is empowered may …
2 Control is also to be achieved by empowering authorising inspectors to give
directions.
enable

usage—consider alternatives before using
try—make possible / allow / no change
extra information
1 formal word
2 Enable means to make able, not to make possible.
example of no change
The bill will enable agreements made with foreign countries to apply to civil
matters as well as criminal matters.
examples of change
1 The bill will enable make possible [or allow] a saving of $1 million.
2 Random sampling will enable allow a comprehensive database to be built up.
further reading
Gowers’ Plain Words p 224
Longman p 242
enclose

usage—consider alternatives before using
try—attach / recasting (using, eg inside or with) / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
see also—enclosed please find / please find enclosed
example of change
An application form is enclosed provided with this letter.
further reading
Gowers’ Plain Words p 224 (enclosed)
Howard’s Guide p 146 (enclose or inclose; enclosure or inclosure)
Howard’s Handbook p 152 (enclose/inclose)
Partridge p 107
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–10
E
enclosed please find /
please find enclosed

usage—never use
try—recasting (using, eg I enclose / enclosed is / I have enclosed / here is /
attached is / see attached)
extra information
commercialese
further reading
Garner’s Dictionary p 314
Garner’s Legal Style p 112
Garner’s Redbook p 160
encounter

usage—consider alternatives before using
try—meet (with) / contend (against) / for / recasting / no change
extra information
formal word
example of change
The ship is in an appropriate condition to encounter for the ordinary dangers of the
voyage.
end
see—before the end of; cease
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–11
E
endeavour

usage—consider alternatives before using
try—attempt / try / recasting (using take all reasonable steps / take reasonable
steps) / no change
extra information
1 formal word
2 Endeavour suggests struggle or toil, which try does not.
3 Prefer an alternative if appropriate.
example of no change
The health profession board must endeavour to make any decision jointly with the
commissioner.
examples of change
1 The Minister must endeavour try to reach …
2 The council must use its best endeavours take all reasonable steps to redeploy…
3 I have endeavoured to obtain the required information tried to find out what you
wanted to know.
further reading
Cutts p 28
Dick p 155
Evans p 129
Fowler’s English Usage p 309 (formal words)
Garner’s Dictionary pp 314–5, 370 (formal words)
Garner’s Redbook p 158 (endeavour)
Gowers’ Plain Words p 18
Howard’s Guide p 146
Right Words p 135
enhance
[also enhancement]

usage—consider alternatives before using
try—increase / improve / intensify / raise (the value or price of) / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
3 Enhance may be applied to things, values, reputations etc, but does not properly
apply to people.
further reading
Fowler’s English Usage p 250
Garner’s Redbook p 205 (enhance; improve)
Longman English Usage p 244
Mellinkoff’s Dictionary p 195 (enhance, enhanced, enhancement)
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–12
E
enjoin

usage—never use
try—direct /  require / recasting (using, eg must / prevented / stop)
extra information
1 formal word
2 Technical legal word.
example of change
The defendant is enjoined prohibited by [the] injunction from continuing to develop
the site.
further reading
Garner’s Legal Style p 113
Longman p 244
Mellinkoff’s Dictionary p 196
enormity

usage—never use
try—enormousness / recasting (using, eg wicked, evil, outrageous, huge, immense,
vast extent, vastness, vast, very large)
extra information
1 formal word
2 The traditional view is that enormity means great wickedness or a very evil act
(eg Garner, Gowers, Strunk and White). However, enormity is sometimes used
as a synonym for enormousness. Use an alternative to express a sense of outrage
or indicate that something is large.
further reading
Blamires’ Plain English p 4 (What is plain English?)
Bryson’s Troublesome Words p 66
Cambridge Style Guide p 243 (enormity or enormousness)
Fowler’s English Usage pp 250-1 (enormity; enormousness)
Garner’s Dictionary p 317 (enormity; enormousness)
Garner’s Legal Style p 113 (enormity; enormousness)
Garner’s Redbook p 205 (enormity; enormousness)
Gowers’ Plain Words p 224
Howard’s Guide p 148
Longman English Usage p 244 (enormity; enormousness)
New Oxford Dictionary p 613
Oxford English Usage p 135
Partridge pp 107–8 (enormity; enormousness)
Right Words p 136 (enormacy/enormity)
Strunk and White p 45
Working Words p 206(enormity/enormousness)
enough
see—sufficient
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–13
E
enquire

usage—never use
try—inquire / ask / question / investigate / queried
extra information
1 formal word
2 Like the use of enquiry and inquiry, there is not a completely settled practice in
Australia for the use of enquire and inquire (see enquiry).
3 Use inquire rather than enquire in all contexts.
further reading
Cambridge Style Guide pp 387–8 (inquiry or enquiry, inquire or enquire)
Evans pp 129, 133 (inquire/enquire)
Fowler’s English Usage pp 252, 309 (formal words)
Garner’s Dictionary p 452 (inquire; enquire)
Gowers’ Plain Words p 224
Howard’s Guide p 148 (enquire or inquire)
Howard’s Handbook p 154 (enquire/inquire/enquiry/inquiry)
Longman English Usage p 245 (enquire, inquire)
Macquarie Dictionary pp 699 (en-), 708, 1101 (inquire)
Partridge p 108
Right Words pp 136–7
enquiry

usage—never use
try—inquiry / investigation / recasting (using, eg asked / questioned / queried)
extra information
1 There is not a completely settled practice in Australia for the use of enquiry and
inquiry. However, inquiry is increasingly used for all applications. Enquiry
appears to have formal overtones in Australia and appears to be limited in its
use to single or ad hoc queries.
2 Use inquiry rather than enquiry in all contexts.
example of change
She made an enquiry asked about the fees..
further reading
Bryson’s Troublesome Words p 168 (query, inquiry, enquiry)
Cambridge Style Guide pp 387–8 (inquiry or enquiry, inquire or enquire)
Fowler’s English Usage p 252
Gowers’ Plain Words p 224
Howard’s Guide p 148 (enquire or inquire)
Howard’s Handbook p 154 (enquire/inquire/enquiry/inquiry)
Longman English Usage p 245 (enquire, inquire)
Macquarie Dictionary pp 699 (en-), 708, 1101 (inquiry)
Partridge p 108
Right Words pp 136–7
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–14
E
entail

usage—consider alternatives before using
try—need / cause / impose / necessitate / involve / require / no change
extra information
1 formal word with technical legal meaning
2 Prefer a simpler alternative if appropriate.
example of no change
The estate was entailed to his male descendants.
further reading
Garner’s Redbook p 169
Gowers’ Plain Words p 225
Mellinkoff’s Dictionary p 241
enter / entry

usage—consider alternatives before using
try—add to / include / put / write / note / no change
extra information
can be a formal word
example of no change
An entry in the register must …
example of change
The registrar must enter include the applicant’s details in the register.
further reading
Asprey pp 217–8
Gowers’ Plain Words p 225
Mellinkoff’s Dictionary pp 197–8 (enter or entry)
entered into

usage—consider alternatives before using
try—omitting / no change
extra information
can be a redundancy
example of no change
Alice entered into the spirit of the party by coming dressed as a skeleton.
example of change
The parties who entered into to the agreement...
further reading
Evans p 129 (enter into)
Mellinkoff’s Dictionary p 198 (enter into)
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–15
E
entirely and completely

usage—never use
try—completely
extra information
1 ‘If entirely or completely is not enough, doubling won’t improve the chances of
success. Better try something else. Maybe even, “Completely. And I really mean
it!”’ (Mellinkoff’s Dictionary p 199)
2 doublet
further reading
Evans p 129 (enter into)
Mellinkoff’s Dictionary p 199
entitled to
see—is/are entitled to; is/are not entitled to
entitlement

usage—consider alternatives before using
try—claim / right / no change
extra information
1 formal word
2 Prefer claim or right if appropriate.
example of change
He had an existing entitlement right to superannuation payments.
further reading
Cutts pp 28, 31
Gowers’ Plain Words p 225
Mellinkoff’s Dictionary pp 199–200
Words and Phrases: A Guide to Plain Legal Language
October 2006
E–16
E
envisage

usage—avoid using if possible
try—consider / think / regard / recognise / realise / view / contemplate / imagine
/ intend / visualise / face / plan / expect / anticipate / foresee / recasting / no
change
extra information
formal word meaning to visualise
examples of change
1 The school committee envisaged expected that there would be no access to the
school from the highway.
2 The repairs were envisaged expected to be finished by the end of the month.
3 The transfer is to take place in the way envisaged by mentioned in section 60.
further reading
Bryson’s Troublesome Words p 66 (envisage, envision)
Cutts p 28
Fowler’s English Usage p 254 (envisage, envision)
Garner’s Dictionary pp 319–20 (envisage; envision)
Gowers’ Plain Words p 225
Longman English Usage pp 246–7 (envisage, envision)
Partridge p 108
Working Words p 207 (envisage/envision)
envision

usage—never use
try—envisage / think / consider / regard / recognise / realise / view /
contemplate / imagine / intend / visualise / face / plan / expect / anticipate /
foresee
extra information
1 formal word
2 more common in the United States than envisage
further reading
Bryson’s Troublesome Words p 66 (envisage, envision)
Fowler’s English Usage p 254 (envisage, envision)
Garner’s Dictionary pp 319–20 (envisage; envision)
Gowers’ Plain Words p 184
Longman English Usage pp 246–7 (envisage, envision)
Working Words p 207 (envisage/envision)
equal
see—the amount equal to
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October 2006
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E
equally to…as to / as

usage—never use
try—equally / equally to … and / as
extra information
non-standard English
examples of change
1 Section 10 applies equally to A as to and B [or Section 10 applies to A in the
same way as it applies to B].
2 The information would be equally as accurate as information complying with
the chapter.
3 Both schools are equally as good.
further reading
Bryson’s Troublesome Words p 67 (equally as)
Garner’s Legal Style p 113 (equally as)
Gowers’ Plain Words p 225 (Equally)
Howard’s Guide p 32 (as 4)
Howard’s Handbook p 34 (as)
Partridge p 37 (as, equally)
equitable

usage—consider alternatives before using
try—fair / just / reasonable / no change
extra information
1 formal word with various legal meanings
2 Prefer fair if appropriate.
example of change
She sought an equitable fair share of the reward.
see also—fair and equitable
further reading
Bryson’s Troublesome Words p 67 (equable, equitable)
Butterworths Legal Dictionary p 425
Cutts p 28
Longman p 248 (equable, equitable)
Mellinkoff’s Dictionary p 206
Partridge p 109
Right Words p 139 (equable/equitable)
Working Words p 208 (equable/equitable)
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October 2006
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E
equivalent

usage—consider alternatives before using
try—equal / the same as / corresponding / no change
extra information
1 formal word
2 Something is equivalent to something else, or is the equivalent of it, but not the
equivalent to it.
3 Prefer equal or the same.
further reading
Gowers’ Plain Words p 226
Longman p 249
erroneous

usage—avoid using if possible
try—wrong / incorrect / mistaken / false / recasting / no change
extra information
formal word
example of change
Your view is erroneous mistaken. [or You are mistaken / wrong / incorrect.]
further reading
Garner’s Redbook p 158
Cutts p 28
escalate

usage—consider alternatives before using
try—rise / expand / develop / grow / intensify / increase / no change
extra information
1 formal, vogue word
2 Escalate properly means increase step by step and is often overused.
3 Prefer a simpler alternative if appropriate.
examples of change
1 escalating rising prices
2 The issue has escalated developed into a major scandal.
further reading
Garner’s Dictionary pp 325, 919 (vogue words)
Garner’s Legal Style p 33
Gowers’ Plain Words pp 40, 88, 226
Howard’s Guide p 151
Longman p 251
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escrow

usage—avoid using if possible
try—recasting
extra information
1 technical legal word
2 Recast in whichever of the following ways is appropriate:
• for a conditional deed:
This deed comes into operation only when X [the condition] is done.
• for a third party holding a deed on trust:
Z [the third party] holds this deed until Y [the condition] is fulfilled.
further reading
Butterworths Legal Dictionary pp 429–30
Garner’s Dictionary p 362
Law Words 1995 pp 16–7
Mellinkoff’s Dictionary p 208
establish

usage—consider alternatives before using
try—show / find out / set up / form / create / prove / recasting / no change
extra information
1 Prefer show, find out or prove if appropriate.
2 For other senses of establish, consider alternatives before using.
example of no change
The Sports Drugs Testing Office is established.
example of change
The chief executive must assist the community to establish set up programs for the
protection of children.
further reading
Cutts p 28
Gowers’ Plain Words p 226
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October 2006
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E
estate

usage—consider alternatives before using
try—interest / no change
extra information
1 technical word, with archaic overtones
2 Prefer interest if appropriate.
3 However, estate is widely defined in LA, dict, pt 1 and the word may need to be
used to pick up the definition.
4 Do not use estate or interest.
example of no change
the bankrupt estate
further reading
Butterworths Legal Dictionary p 430
Fowler’s English Usage p 264
Garner’s Dictionary p 328
Law Words 1995 pp 19–20
Mellinkoff’s Dictionary pp 209–12
estop

usage—avoid using if possible
try—stop / prevent / hinder
extra information
1 formal word
2 technical legal term
3 For the use of stop, see cease.
example of no change
(reference to nature of estopped) The plaintiff pleaded that the defendant was
estopped from denying the validity of the contract.
example of change
(reference to effect of estopped) The defendant is prevented from denying the
validity of the contract because of her previous conduct.
further reading
Asprey pp 117–8, 221
Butterworths Legal Dictionary p 431 (estop) and (estoppel)
Garner’s Dictionary p 328
Melinkoff’s dictionary p 215 (estoppel)
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E
etc

usage—consider alternatives before using
try—omitting / recasting / and so on / no change
extra information
1 Use etc without commas before or after and without a full stop at the end.
2 Use etc only in provision headings and notes. Use etc sparingly and with care in
provision headings to avoid overloading provisions. (If it is necessary to use etc
in a provision heading, always consider whether the provision should instead be
broken up.)
3 Do not use etc in chapter, part, division or subdivision headings.
4. Do not use etc at the end of a list preceded by including, for example, such as or
a similar expression.
5 Do not use and before etc.
example of no change
Offences against Act—application of Criminal Code etc
further reading
Bryson’s Troublesome Words p 68
Cambridge Style Guide pp 253–4
Cutts pp 34, 39
Cwlth Style Manual p 155 (Latin shortened forms)
Evans p 129
Fowler’s English Usage p 265
Garner’s Dictionary p 329
Garner’s Legal Style pp 113–4
Howard’s Guide p 153
Howard’s Handbook pp 156–7
Longman English Usage p 253
Partridge pp 27 (and etc.), 109
Right Words p 142
Strunk and White pp 45–6
Working Words p 211
evacuate

usage—consider alternatives before using
try—remove / leave / escape / no change
extra information
1 formal word
2 Prefer remove or a simpler alternative if appropriate.
further reading
Gowers’ Plain Words pp 226–7
Longman p 255
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October 2006
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E
even

usage—consider alternatives before using
try—recasting / no change
extra information
As a general rule, even should be placed immediately before the word it qualifies:
• Julie did not even see Ahmed last night
• Julie did not see even Ahmed last night
• Julie did not see Ahmed even last night.
example of no change
It must be disclosed even though it is otherwise protected.
further reading
Cambridge Style Guide p 258
Gowers’ Plain Words pp 95, 97
Longman p 255
Partridge p 112
Working Words p 213
event
see—in the event that/of
eventuality

usage—avoid using if possible
try—possible result
extra information
formal word
further reading
Garner’s Redbook p 158
Gowers’ Plain Words p 227
Longman p 255 (eventuate/eventuality)
eventuate

usage—avoid using if possible
try—happen / come about / take place / result / occur
extra information
1 formal word
2 vogue word
further reading
Bryson’s Troublesome Words p 68
Cutts p 28
Evans p 129
Garner’s Dictionary pp 332, 919 (vogue words)
Garner’s Legal Style p 33
Gowers’ Plain Words p 244 (materialise)
Longman p 255 (eventuate/eventuality)
Partridge p 112
Right Words p 144 (eventuate, eventuality)
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E
every

usage—consider alternatives before using
try—a / an / the / all / omitting / no change / recasting (using, eg each or
any)
extra information
1 Every should be used only when necessary. See each for further information.
2 Every takes a singular verb. This rule applies even where every is used with
singular nouns linked by and, eg ‘Every school and university was closed that
day’.
3 Avoid using between with every.
4 Blamire suggests using plural all instead of the singular every, to avoid using
their as a singular pronoun eg instead of ‘Every student must make their own
lunch’, better to say ‘All students must make their own lunch’.
see also—each and every; in every case
further reading
Asprey pp 122 (each and every), 165–6 (any, each, every and all), 221
Blamires’ Plain English pp 313-4 (Gender)
Cambridge Style Guide p 259
Dick p 144
Dickerson p 131
Gowers’ Plain Words pp 108 (use of between with every), 129, 150
Howard’s Guide p 155
Howard’s Handbook p 159
Longman p 256
NZ Legislation Manual pp 40–1
Strunk and White p 10
Working Words p 213 (every/everybody/everyone)
evidence
see—proof
evident

usage—avoid using if possible
try—clear / plain / obvious
extra information
formal word
example of change
the meaning was evident obvious
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October 2006
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E
evince

usage—avoid using if possible
try—show / express / indicate / display / prove / reveal
extra information
formal word
further reading
Fowler’s English Usage pp 271–2, 309 (formal words)
Garner’s Dictionary pp 333, (evidence, v.t.; evince), 370 (formal words)
Gowers’ Plain Words p 227
Howard’s Guide p 156 (evince or evoke)
Partridge p 113
Working Words p 214
evolve

usage—consider alternatives before using
try—change / develop / omitting / no change
extra information
Evolve means a process of natural change or development that is gradual and
usually self-generated.
example of no change
Beliefs that have evolved or developed since European colonisation.
further reading
Gowers’ Plain Words p 227
examine

usage—consider alternatives before using
try—check / study / look at / no change
extra information
Prefer check if appropriate.
exceed
[also exceeding]

usage—consider alternatives before using
try—(be) over / (be) greater than / (be) heavier than / (be) larger than / (be)
longer than / (be) more than / (be) older than / (be) taller than / higher than /
recasting (using at least) / no change
extra information
Generally, prefer over, at least or a more specific alternative, eg older than, to other
alternatives.
see also—does not exceed; is or exceeds; not exceeding; in excess of
Words and Phrases: A Guide to Plain Legal Language
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E
except

usage—consider alternatives before using
try—other than / but / excluding / apart from / unless / recasting (using only or
however) / no change
extra information
Use except or other than consistently.
see also—except as otherwise provided; except as provided in/prescribed by; except
where/if a contrary intention appears
examples of change
1 Except that However, if the property …
2 A person must not may construct a road except only under section 10.
further reading
Blamires’ Plain English p 173
Longman p 257
Partridge p 114
except as / where otherwise provided / indicated

usage—never use
try—omitting / recasting (to identify the exceptions)
extra information
1 legalese
2 General expressions like except as otherwise provided are very unhelpful to
readers, lead to loose drafting, and may give rise to legal uncertainty. They must,
therefore, never be used. The provisions that are the exceptions should always
be identified as precisely as possible.
see also—subject to
example of change
1 (1) Except as otherwise provided in section 10, an
An application must be in writing.
(2) However, an application under section 10 may also be made orally.
further reading
Garner’s Dictionary p 601 (notwithstanding anything to the contrary contained herein)
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E
except as provided in / prescribed by

usage—never use
try—subject to / omitting / recasting
extra information
1 legalese
2 Expressions like except as provided in/prescribed by are technical drafting
devices used to indicate that there are exceptions to a provision and what the
exceptions are but they have appropriate alternatives (see subject to). To avoid
the problems of elegant variation, they should never be used.
example of change
(3) A ship does not include a seaplane.
Except as provided in subsection (4), a ship does not include a seaplane
(4) However,….
exception
see—take exception to; with the exception of
exceptionable

usage—consider alternatives before using
try—exceptional / open to exception (or objection) / objectionable / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 Exceptionable and exceptional are sometimes confused. Exceptional means out
of the ordinary, an exception to the general rule, very unusual, uncommon, well
above average, rare, superior or extraordinary.
4 Exceptionable always has negative implications, because it describes something
people find objectionable or take exception to.
see also—unexceptional and unexceptionable
further reading
Cambridge Style Guide p 261 (exceptional or exceptionable)
Crystal’s English Usage pp 83, 121
Fowler’s English Usage p 273
Garner’s Legal Style p 114
Howard’s Guide p 156 (exceptionable, exceptional, unexceptionable and unexceptional)
Howard’s Handbook p 160 (exceptionable/exceptional/unexceptionable/unexceptional)
Working Words p 214
exceptional
see—exceptionable
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E
except where / if a contrary intention appears

usage—never use
try—unless the contrary intention appears / omitting
extra information
1 legalese
2 General expressions like except where/if the contrary intention appears are
technical drafting devices that are rarely necessary. If a general expression is
necessary, there is an appropriate alternative (see unless the contrary intention
appears). To avoid the problems of elegant variation, they should never be used.
excess
see—in excess of
excessive number of (an)

usage—never use
try—too many
extra information
1 verbosity
2 Use an alternative.
further reading
Evans p 129
Garner’s Legal Style p 183
exclude

usage—consider alternatives before using
try—leave out / omit / no change
extra information
Prefer a simpler alternative if appropriate.
example of change
exclude omit the details
further reading
Gowers’ Plain Words p 227
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October 2006
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E
excluding

usage—consider alternatives before using
try—apart from / other than / except / no change
extra information
Prefer an alternative if appropriate.
example of change
excluding other than credit accounts
further reading
Gowers’ Plain Words p 227
exclusive
see—sole and exclusive
exclusively

usage—consider alternatives before using
try—only / no change
extra information
Prefer only if appropriate.
examples of change
1 The pool consists exclusively only of over-quota eggs.
2 a motor vehicle used exclusively only for primary production
further reading
Gowers’ Plain Words p 227
execute

usage—consider alternatives before using
try—carry out / perform / sign / sign and deliver / make / enforce / complete /
recasting (adding an explanation) / no change
extra information
1 formal word
2 Execute has technical legal meanings.
3 Prefer a plain, accurate alternative if appropriate. Alternatively, consider
including a note explaining the intended meaning.
example of change
Please come in and execute sign the contract.
further reading
Asprey p 118
Butterworths Legal Dictionary p 444
Garner’s Dictionary p 337
Law Words 1995 pp 21–3
Mellinkoff’s Dictionary pp 220–1
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E
executor
see—heirs, executors, administrators, successors and assigns
exhibit

usage—consider alternatives before using
try—show / display / no change / recasting
extra information
1 can be a formal word for show or display
2 Exhibit also has a technical legal meaning of an object received in evidence
when tendered by a party to the proceeding.
3 Prefer show or display if appropriate.
examples of change
1 An inspector who is not in uniform must exhibit display his or her identity card.
2 He exhibited odd behaviour behaved oddly.
further reading
Butterworths Legal Dictionary pp 446-7
ex officio

usage—never use
try—automatically / without further appointment / recasting
extra information
foreign phrase
example of change
A police officer is, ex officio Every police officer is an authorised officer.
further reading
Evans p 129
Garner’s Dictionary pp 334-5 (ex cathedra; ex officio)
Melinkoff’s Dictionary p 222
expedient

usage—consider alternatives before using
try—appropriate / suitable / convenient / no change
extra information
1 formal word with negative overtones
2 Prefer an alternative if appropriate.
example of change
the Minister considers expedient appropriate
further reading
Blamires’ Plain English p 56 (expedient/expeditious)
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E
expedite

usage—avoid using if possible
try—hasten / hurry / speed up / recasting (using, eg quickly)
extra information
formal word
further reading
Cutts p 28
Garner’s Dictionary p 370 (formal words)
Gowers’ Plain Words p 227
expeditiously

usage—avoid using if possible
try—quickly / promptly / immediately / as soon as possible / as soon as
practicable / as quickly as possible / as quickly as practicable
extra information
1 formal word
2 For the use of as quickly as possible and as quickly as practicable (see as soon
as possible and as soon as practicable).
example of change
must act expeditiously quickly
further reading
Gowers’ Plain Words p 228
expend
[also expenditure]

usage—consider alternatives before using
try—spend / use up / pay / recasting (using costs as a noun) / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
income and expenditure
examples of change
1 expenditure spending related to the conduct of gambling
2 an income and expenditure statement a statement of receipts and payments
3 the company’s expenditure costs in receiving eggs
further reading
Cutts p 28
Garner’s Dictionary pp 340, 370 (formal words)
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E
expiration
see—upon/on the expiration
expire
[also expiration]

usage—consider alternatives before using
try—end / ceases to have effect / die / stop / no change
extra information
1 formal word
2 Expire is used to describe legislation coming to an end (see LA, s 82,
def repeal).
3 Prefer an alternative if appropriate.
further reading
Cambridge Style Guide p 264 (expiry or expiration)
Cutts p 28 (expiration)
Evans p 130 (expiration)
Garner’s Dictionary pp 341, 370 (formal words)
exportation

usage—never use
try—export / no change
extra information
Exportation is usually a verbose way of saying export.
expressed

usage—consider alternatives before using
try—stated / specified / recasting / omitting / no change
extra information
Prefer a simpler alternative if appropriate.
example of no change
the notional value per hen quota expressed in US dollars
examples of change
1 the cash price expressed stated in the contract
2 If a licence is expressed to restrict restricts the minerals covered by the
licence,…
expression
see—the expression
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expunge

usage—never use
try—strike out / delete / cancel / destroy / wipe out / remove
extra information
formal word
example of change
the record was expunged destroyed [or deleted]
further reading
Melinkoff’s Dictionary p 224 (expunge the record)
extant

usage—never use
try—current / in force
extra information
formal word
extend

usage—consider alternatives before using
try—give / no change
extra information
can be a formal word for give
example of no change
1 The Minister may extend the time for making objections.
2 Extend time for objections.
example of change
extend give credit
example of no change
an extension of time
further reading
Garner’s Dictionary p 370 (formal words)
Gowers’ Plain Words p 228
Longman p 263
extent
see—to the extent that
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E
extinguish

usage—consider alternatives before using
try—end / put out / remove / no change
extra information
1 formal word
2 For the use of end, see cease.
example of change
1 The right to recover the amount is extinguished ends at midnight.
2 They extinguished put out the fire.
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F
facilitate

usage—consider alternatives before using
try—help / assist / ease / encourage / hasten / no change
extra information
1 formal word
2 Facilitate means to help to bring about. You facilitate what is being done,
eg ‘We used the database to facilitate a search for consequential amendments’.
You do not facilitate the people who are doing something, eg ‘We were assisted
in our search for consequential amendments by the database’ [or we used the
database to do a search for consequential amendments].
3 Prefer an alternative if appropriate.
4 For the use of help and assist, see assist.
example of no change
The object of this code is to facilitate the provision of telecommunications services.
example of change
The authority must do everything necessary to facilitate assist …
further reading
Cutts p 28
Evans p 130
Garner’s Redbook p 158
Gowers’ Plain Words p 228
Longman English Usage p 266
Working Words p 220
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F–1
F
facility

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate.
see also—ablution facilities
example of no change
institutions and facilities that provide care and protection for children and young
people [Note If there are a number of references to institutions and facilities, it
would be preferable to use a defined term.]
examples of change
1 educational facility school
2 correctional facility jail
further reading
Cambridge Style Guide p 267 (facility or faculty)
Garner’s Redbook p 207 (facility; ease; building)
Longman English Usage p 266
Mellinkoff’s Dictionary p 229 (facile)
Partridge p 116
Strunk and White p 46
facsimile / facsimile transmission

usage—consider alternatives before using
try—fax / no change
extra information
1 Fax is now standard English and is perfectly appropriate in formal contexts.
2 Fax is both a noun and a verb, and describes—
a document sent by fax
the method of transmission (including the scanning of the original document and
the printing of the transmitted data to produce an exact copy of the original
document)
a machine that transmits faxes, and
the sending of a document by fax.
3 Facsimile transmission is now an archaism and should never be used.
4 Use fax rather than facsimile.
5 However, facsimile is an appropriate word outside telecommunications for
something that is an exact copy (in all respects) of a book or document.
further reading
Evans p 130
Fowler’s English Usage p 288 (fax)
Garner’s Dictionary p 350 (fax)
Howard’s Guide pp 163-4 (fax or facsimile)
Macquarie Dictionary p 770 (fax)
New Oxford Dictionary p 669 (fax)
Right Words p 99 (copy / duplicate / facsimile / replica)
Working Words p 222 (fax)
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October 2006
F–2
F
fact
see—actually/actual (for in actual fact); the fact that
factor

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 The traditional meaning of factor is something contributing to a particular
result. Factor has, however, come to be used as an omnibus word and as a
substitute for words such as circumstance, component, consideration,
constituent, element, event, fact, feature or happening.
2 Factor should be used in its traditional sense. For other meanings, prefer more
precise words.
3 Factor also has a technical legal meaning (see examples of no change 2).
examples of no change
1 Six and 3 are factors of 18.
2 A payment is a reportable payment if it is made by a factor to a smash repairer in
relation to the transfer of a debt owing to the smash repairer.
examples of change
1 Her superior training was the great factor in her winning the match. She won the
match because she was better trained.
2 Air power is becoming an increasingly important factor playing an ever greater
part in deciding conflicts.
further reading
Blamires’ Plain English p 38
Butterworths Legal Dictionary p 456
Fowler’s English Usage p 281
Garner’s Dictionary pp 346–7, 813 (slipshod extensions)
Garner’s Legal Style pp 114, 205
Garner’s Redbook p 170
Gowers’ Plain Words p 4
Howard’s Guide p 161
Longman English Usage p 267
Partridge pp 116-7
Strunk and White p 46
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–3
F
fail to / fail to comply

usage—consider alternatives before using
try—contravene / recasting (using must not) / does not / no change
extra information
LA, dict, pt 1 defines contravene as including fail to comply with.
example of no change
the corporation’s failure to collect the insurance premium in full
examples of change
1 The Minister may remove all or any members of the corporation if it fails
to does not comply with its obligations under the Act.
2 If an insurer fails to does not make a payment, …
further reading
Evans p 130 (fails to)
Gowers’ Plain Words p 228
Longman English Usage p 268
fair and equitable

usage—avoid using if possible
try—fair / equitable
extra information
doublet
far
see—as/so far as … is/are concerned; in so far as; insofar as
farther / farthest
see—further
favour
see—in favour of
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–4
F
feasible

usage—consider alternatives before using
try—practicable / possible / can be done / probable / plausible / no change
extra information
1 Feasible means practicable or capable of being done. It should not be used to
mean probable or plausible.
2 Prefer an alternative if appropriate.
examples of no change
1 It is feasible to get the job done by tomorrow morning.
2 feasible solution to the problem
example of change
It is feasible possible it might rain this afternoon.
further reading
Bryson’s Troublesome Words p 74
Garner’s Legal Style p 144 (viable)
Gowers’ Plain Words p 228
Longman English Usage p 273
Right Words p 151 (feasible)
Working Words pp 222–3
feature

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 Hackneyed word. Prefer more precise words if appropriate.
2 Avoid using feature as a verb in the sense of to offer as a special attraction.
example of no change
He had prominent facial features.
further reading
Longman English Usage p 273
Right Words pp 151–2 (feature)
Strunk and White p 47
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–5
F
feedback

usage—consider alternatives before using
try—answer / response / no change
extra information
vogue word
example of no change
The client gave positive feedback about the job.
example of change
I didn’t get feedback an answer to my question.
further reading
Gowers’ Plain Words pp 228–9
Howard’s Guide pp 164–5
Longman English Usage p 274
fewer

usage—consider alternatives before using
try—less / no change
extra information
1 Fewer relates to number. Less relates to degree, quantity or extent.
2 A good rule of thumb is to use fewer with plural nouns (eg fewer people,
worries etc) and less with singular nouns (eg less land, boredom etc). The same
rule of thumb applies to fewer than and less than.
3 Measurements (eg money, time, distance and weight), although expressed in the
plural, are thought of as single units and require less than (eg to pay less than
$100 and weigh less than 30g).
4 Alternatively, less applies to mass nouns (ie nouns almost always used in the
singular because they refer to concepts, substances or quantities with no clearcut boundaries, eg salt, butter, honesty and education) and fewer applies to count
nouns (ie nouns that refer to things that can be counted and so can be pluralised,
eg cars, books, people and offices).
5 However, less is gradually replacing fewer in most contexts and the issue of
using fewer rather than less is now more a matter of style than grammar. Using
fewer is more formal than using less.
6 Note that it is necessary to write a smaller number or fewer rather than a fewer
number. Garner (Garner’s Redbook) states that it is redundant to say a fewer
number because the sense of a number is included in the meaning of fewer.
see also—not fewer than
further reading
Blamires’ Plain English p 57 (fewer/less)
Bryson’s Troublesome Words pp 74–5 (fewer, less)
Cambridge Style Guide pp 276–7
Garner’s Redbook p 207 (fewer; less)
Garner’s Legal Style pp 123–4
Garner’s Redbook p 207 (fewer; less)
Gowers’ Plain Words p 241
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–6
F
fewer [continued]
Howard’s Guide p 166 (fewer or less)
Howard’s Handbook p 167 (fewer/less)
NZ Legislation Manual p 43 (less than/more than)
Right Words pp 155–6 (fewer/less)
Strunk and White p 51 (less)
Working Words pp 223–4
field

usage—consider alternatives before using
try—recasting (using more precise words) / no change / omitting
extra information
Avoid using field as an omnibus word. See kind for extra information.
example of no change
The job is being advertised to test the field of potential applicants.
example of change
He practised in the field of medicine.
further reading
Garner’s Legal Style p 205
Howard’s Guide p 167 (field, province or sphere)
final
see—in the final/last/ultimate analysis
final and conclusive

usage—avoid using if possible
try—final / recasting
extra information
doublet
example of change
If there is a dispute about a bid, the auctioneer’s decision is final and conclusive.
further reading
Garner’s Dictionary p 293 (doublets)
Garner’s Redbook p 163 (doublets)
Mellinkoff’s Dictionary p 245
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–7
F
finalise

usage—consider alternatives before using
try—end / complete / decide / finish / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 For the use of end, see cease.
examples of change
1 The drafter needs to finalise finish the draft.
2 The inspector must finalise complete the investigation within 1 month.
further reading
Bryson’s Troublesome Words p 75 (finalize)
Evans p 130
Garner’s Legal Style p 114
Longman English Usage p 279
Right Words p 156 (finalise)
Strunk and White pp 47, 83
Working Words p 225
find
see—enclosed please find / please find enclosed
finish and complete

usage—never use
try—finish / complete / recasting
extra information
doublet
further reading
Garner’s Dictionary p 293 (doublets)
first
see—firstmentioned / first mentioned / first-mentioned; in the first instance
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–8
F
firstly

usage—never use
try—first / recasting
extra information
1 needless variant
2 much criticised
further reading
Bryson’s Troublesome Words pp 75–6 (first, firstly)
Cambridge Style Guide p 280
Evans p 131 (first)
Fowler’s English Usage p 298 (first)
Garner’s Dictionary pp 319 (enumerations), 359
Garner’s Legal Style p 83
Gowers’ Plain Words p 229
Howard’s Guide p 168 (first or firstly etc)
Howard’s Handbook p 170 (first, second …/firstly, secondly…)
Longman English Usage p 280
Partridge p 120
Strunk and White p 57 (secondly, thirdly, etc)
Working Words p 225 further reading
firstmentioned / first-mentioned / first mentioned

usage—never use
try—first / recasting
extra information
1 formal word
2 Do not hesitate to repeat words rather than use firstmentioned to avoid
repetition. Alternatively, use a tagged term. Readers may otherwise have
difficulty in working out what is referred to.
3 For similar reasons, avoid substituting former (see former).
4 If you want to refer otherwise than specifically to the first of 2 or more things,
try first.
see also—lastmentioned/last mentioned/last-mentioned
example of change
1 If a person (the buyer) buys stolen goods from a person who stole the goods, the
firstmentioned person buyer...
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–9
F
first name

usage—never use
try—personal name / given name / [by contrast with surname / family name]
extra information
Use of first name is inappropriate for people in whose culture the family name is
given first, eg Chinese, Japanese, Koreans and Vietnamese.
further reading
Cambridge Style Guide p 281 (firstname or forename)
Cwlth Style Manual p 58 (Personal names)
Howard’s Guide p 169 (first or Christian name)
Howard’s Handbook p 170 (first name/Christian name/forename)
see also—Christian name
first to happen / occur

usage—never use
try—happens first / whichever happens first
extra information
needless variant
fit

usage—avoid using if possible
try—appropriate / suitable / recasting (using more precise words)
extra information
1 vague word
2 value-loaded word
3 Prefer a more precise alternative if appropriate.
see also—fit and proper; fit and suitable/fitting and proper
further reading
Garner’s Legal Style p 115 (fitted)
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–10
F
fit and proper

usage—never use
try—appropriate / suitable / recasting (using more precise words)
extra information
1 doublet
2 Fit and proper has no settled general legal meaning and only provides an
illusion of certainty. It has been suggested that it delegates the job of deciding
criteria to the courts.
3 Use an alternative and provide criteria, eg how to work out if a person is suitable
(see Second-hand Dealers Act 1906, s 11 and Gaming Machine Act 2004, s 20).
example of change
The applicant is a fit and proper suitable person to be given a licence.
further reading
Asprey p 122
Butterworths Legal Dictionary p 481 (fit and proper) and (fit and proper person)
Garner’s Dictionary pp 293 (doublets, triplets and synonym strings), 361
Garner’s Redbook p 163 (doublets)
Howard’s Guide p 2 (abet)
Law Words 1995 pp 24–6
Mellinkoff’s Dictionary p 247
fit and suitable / fitting and proper

usage—never use
try—appropriate / suitable / recasting
extra information
doublet
further reading
Mellinkoff’s Dictionary p 247
see also—fit and proper
flat rate

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
Flat rate may not have a clear meaning. Prefer more precise words if appropriate.
further reading
Butterworths Legal Dictionary p 484 (flat interest rate)
Howard’s Guide pp 169–70
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–11
F
following

usage—consider alternatives before using
try—after /  next / because (of) / recasting / no change
extra information
1 Prefer after, next or because of if appropriate.
2 The use of following before paragraphs should generally be limited to cases
where the paragraphs are pure tabulation or it is desirable to clarify that the
paragraphs are both cumulative and alternative (eg using 1 or more of the
following:), ie a series of separate things in the form of a list. Applying current
drafting practice, the use of following would result in the paragraphs (or
penultimate paragraph) not ending in or or and. Dot points could also be used in
appropriate cases without punctuation at the end of each paragraph other than
the last.
3 Following should not generally be used before paragraphs that are not pure
tabulation, but rather an ordinary sentence broken up into paragraphs.
examples of no change
1 … stating any of the following matters: …
2 The owner of a vehicle must choose an insurer according to the following
principles: …
examples of change
1 the month following after the month in which the application is made
2 the following next month
3 if a rate is set between 1 September and the following 30 June in a financial year
further reading
Commonwealth Style Manual p 99
Fowler’s English Usage p 305
Garner’s Redbook p 158
Longman English Usage p 286
Partridge p 121
Right Words p 159
Working Words p 228
for
see—but for
for and during

usage—never use
try—while / during / for
extra information
doublet
further reading
Mellinkoff’s Dictionary p 250
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–12
F
for and / or in connection with

usage—never use
try—in / in connection with / in relation to / about / for / to / of
extra information
1 doublet
2 If a connecting phrase is necessary, prefer in relation to (see in relation to).
for and / or on behalf of

usage—never use
try—for / on behalf of
extra information
doublet
further reading
Garner’s Dictionary p 293 (for and in behalf of in doublets)
Garner’s Redbook p 163 (for and in behalf of in doublets)
forbear

usage—avoid using if possible
try—refrain (from) / tolerate / recasting
extra information
formal word
further reading
Bryson’s Troublesome Words p 78
Garner’s Legal Style p 115
Garner’s Redbook p 208 (forbear; forebear)
Mellinkoff’s Dictionary p 250
Working Words p 230
force and / or effect

usage—never use
try—recasting (using has effect / force)
extra information
doublet
see also—full force and effect
example of change
… is of no force or effect does not have effect until approved.
further reading
Garner’s Dictionary pp 293 (doublets), 366
Mellinkoff’s Dictionary pp 250–1
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–13
F
force majeure

usage—avoid using if possible
try—recasting
extra information
1 foreign phrase
2 vague phrase
3 Force majeure does not have a fully settled meaning and needs to be used with
care.
4 If it is necessary to use force majeure, its intended meaning should be explained
(eg by a note or examples).
5 Synonym for the equally vague act of God.
further reading
Butterworths Legal Dictionary p 489
Garner’s Dictionary p 366
Law Words 1995 pp 27–30
Melinkoff’s Dictionary p 10 (act of God, force majeure, vis major)
foregoing

usage—never use
try—following / omitting / recasting
extra information
1 archaism
2 Foregoing is sometimes confused with following.
further reading
Garner’s Dictionary p 367
Garner’s Legal Style p 115
Howard’s Guide p 172 (forego or forgo)
Howard’s Handbook p 174 (forgo/forego)
forename

usage—never use
try—given name / other name [by contrast with surname / family name]
extra information
Forename is open to the same objections as first name (see first name).
further reading
Cambridge Style Guide p 281 (firstname or forename)
Garner’s Dictionary pp 859–60 (surname; Christian name)
Gowers’ Plain Words p 229
Partridge p 66 (Christian name)
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–14
F
forenoon

usage—never use
try—am / morning
extra information
Use am/pm, without full stops, for times.
see also—12 am
example of change
10 o’clock in the forenoon 10 am
forfeit

usage—consider alternatives before using
try—lose / give up / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
example of no change
An object seized under this section is forfeited to the Territory.
example of change
If you do not comply with a condition, you forfeit lose your right to compensation.
forma
see—pro forma
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–15
F
former
[as opposite of latter]

usage—avoid using if possible
try—recasting / first
extra information
1 formal word
2 Prefer to repeat words rather than use former to avoid repetition. Alternatively,
use a tagged term. Readers may otherwise have difficulty in working out what is
referred to.
3 For similar reasons, avoid substituting firstmentioned and like terms (see
firstmentioned).
4 Former can refer to only one of 2 things and if you use it of more than 2 you
may puzzle your readers.
5 If you want to refer otherwise than specifically to the first of more than 2 things,
try first.
see also—latter
further reading
Blamires’ Plain English p 204 (former/latter)
Bryson’s Troublesome Words pp 79–80 (former, latter)
Cambridge Style Guide p 291 (former and latter)
Fowler’s English Usage p 309
Garner’s Dictionary p 370
Garner’s Redbook p 209 (former; latter)
Gowers’ Plain Words p 115
Howard’s Guide p 174 (former and latter)
Longman English Usage pp 292–3
Partridge p 122
Right Words p 163 (former/latter)
Working Words p 232 (former/latter)
forth

usage—never use
try—out / recasting
extra information
archaism
example of change
set forth out
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–16
F
for the duration of

usage—never use
try—while / during / as/so long as
extra information
compound preposition
example of change
The dog howled for the duration of as long as she sang.
further reading
Cutts p 28
Dick p 155
Garner’s Dictionary p 372
Garner’s Legal Style p 183
for the purpose / purposes of

usage—consider alternatives before using
try—in this [eg provision/Act] / for this [eg provision/Act] / because of / under /
to / for / omitting / recasting/ no change
extra information
1 compound preposition
2 Prefer the simplest alternative if appropriate.
examples of change
1 created by a stratum plan for the purposes of under this Act
2 for the purposes of this part, the total cost of work is
3 For the purposes of In this Act, a reference to X does not include a reference
to Y.
4 a motor vehicle prescribed by regulation for the purposes of this subsection
5 for the purposes of the Act, section 10 …
6 amounts not immediately required for the purposes of the fund may be invested
7 The authority may invite a person to attend a meeting for the purpose of
advising to advise it about anything.
8 is used only for the purposes of theatre, film and television
9 for the purpose of providing to provide nursing and personal care
further reading
Cutts p 28 (for the purpose of)
Cwlth OPC Plain English p 33 (For the purposes of this Act / section etc)
Garner’s Redbook p 160 (for the purposes of —ing)
Gowers’ Plain Words p 55 (for the purpose of)
Longman English Usage p 580 (purpose)
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–17
F
for the reason that

usage—never use
try—because
extra information
compound preposition
further reading
Evans p 131
Garner’s Dictionary p 372
Garner’s Legal Style p 183
Garner’s Redbook p 160
Gowers’ Plain Words p 55
forthwith

usage—never use
try—immediately / promptly / quickly / as soon as practicable / as soon as
possible / at once / now / as quickly as practicable / as quickly as possible /
recasting (stating time)
extra information
1 Formal word without a precise meaning.
2 For the use of as quickly as practicable and as quickly as possible (see as soon
as practicable and as soon as possible).
example of change
Please reply forthwith immediately/within 7 days.
further reading
Asprey pp 176–7, 221
Garner’s Dictionary pp 370 (formal words), 372
Garner’s Redbook p 161
Gowers’ Plain Words p 230
Howard’s Guide p 212 (immediately, forthwith, straight away)
Howard’s Handbook p 203 (immediately/forthwith/straightaway)
Melinkoff’s Dictionary pp 3–4 (absolutes)
fortuitous

usage—consider alternatives before using
try—fortunate / lucky / no change / recasting
extra information
Fortuitous means happening by chance or accidentally. It does not mean fortunate
or lucky.
further reading
Bryson’s Troublesome Words p 80
Crystal’s English Usage pp 83, 121–2
Garner’s Legal Style p 115
Garner’s Redbook p 209 (fortunate; fortuitous; gratuitous)
Howard’s Guide p 174 (fortuitous or fortunate)
Longman English Usage p 293
Partridge p 122
Right Words p 14 (adventitious)
Strunk and White p 47
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–18
F
fortunately / fortunate

usage—consider if use is appropriate
try—recasting (using ‘neutral’ words) / no change
extra information
1 Fortunately is a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Fortunately and fortunate are value-loaded words.
3 Prefer a more neutral alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
Garner’s Redbook p 212 (hopefully; fortunately)
forward / forwards
[as adjective / adverb]

usage—consider alternatives before using
try—forwards / forward / recasting / no change
extra information
1 Most directional words ending in ward(s) are used as adverbs, adjectives or
nouns, eg backward(s), downward(s), forward(s) and upward(s). An exception is
towards which is used as a preposition.
2 In Australian (and British) English the adverb form of these directional words
has traditionally ended with an ‘s’, and the adjective and noun forms have not.
In American English adjectives, nouns and adverbs are treated in the same way
and do not usually end in an ‘s’. There is an increasing trend in Australian
English not to end adverb forms with an ‘s’. The trend is more advanced with
some directional words than others.
3 The trend is perhaps most advanced in relation to forward(s). There have been
various attempts to rationalise the cases in which forwards should nevertheless
continue to be used as an adverb, eg for moving straight ahead (Longman
English Usage), for a physical movement, or for movement towards a place
(Working Words). However, the rationalisations are not persuasive.
4 It is now too late to say that the adverb form of forward(s) always ends with an
‘s’. However, there is no generally accepted rule for when forwards should
continue to be used as the adverb.
5 All that can be suggested is that the traditional rule should be kept in mind and a
decision made on a case-by-case basis about what sounds most appropriate.
Consider avoiding the problem by recasting.
see also—afterward / afterwards; backward / backwards; easterly (direction) /
eastwardly /eastward(s); onward / onwards; outward / outwards; toward / towards
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–19
F
forward / forwards
[as adjective / adverb] [continued]
examples of no change
1 forward planning
2 forward selling
3 The saloon door swung backwards and forwards.
4 The company carried the losses forward to the next year.
5 I look forward to seeing you.
6 She arranged to bring the case forward.
7 The car can only move forward [or forwards].
8 She looked forward [or forwards].
example of change
from this time forward on
further reading
Fowler’s English Usage pp 311, 833 (-ward(s))
Garner’s Dictionary p 924 (-ward(s))
Howard’s Guide p 174
Howard’s Handbook p 175
Hudson p 421 (upward)
Longman English Usage pp 294, 595 (rearward(s)), 762 (-ward(s))
Macquarie Dictionary pp 834 (forward), 835 (forwards)
Partridge pp 122-3, 382 (-ward/ -ward(s))
Right Words p 163 (forward/forwards)
Working Words pp 233, 553 (-ward words)
forward
[as a verb]

usage—consider alternatives before using
try—send / give / redirect / no change
extra information
Except to mean send on, prefer send or give.
example of no change
She arranged for her mail to be forwarded [or redirected] to her new address.
example of change
Please forward send the parcel by courier.
further reading
Cutts pp 28, 31
Garner’s Redbook p 158
Gowers’ Plain Words p 230
Howard’s Guide p 174
Howard’s Handbook p 175
Longman English Usage p 294
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–20
F
for which (there is)

usage—avoid using if possible
try—with / recasting
extra information
compound preposition
example of change
‘With a view to’ is a compound preposition for which there is with a simpler
alternative.
frame

usage—avoid using if possible
try—develop / make / prepare / cast
extra information
1 vogue word
2 vague word
3 Prefer a more precise alternative if appropriate.
example of change
1 frame develop a budget
2 frame prepare a question
frequently

usage—consider alternatives before using
try—often / regularly / no change
extra information
Prefer often if appropriate.
fresh

usage—consider alternatives before using
try—new / renewed / recasting (using again) / no change
extra information
overused word
example of change
A fresh new crop was sown.
further reading
Bryson’s Troublesome Words p 81
Gowers’ Plain Words p 230
Howard’s Guide p 177 (fresh or new)
Howard’s Handbook p 265 (new/fresh/renewed)
Right Words p 164 (fresh)
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–21
F
from

usage—consider alternatives before using
try—on and after / after / recasting (using eg 6 months beginning on /
inclusive) / no change
extra information
1 Be careful using from. Use of the word will usually mean that time is reckoned
exclusive of the mentioned day (see LA, s 151 (3)).
2 Prefer after to from, because it is less likely to be ambiguous.
3 In recasting, the words the period of are unnecessary if the period itself is
mentioned (see period).
see also—as and from; as from; as on and from; from and after; from and
including; on and from
further reading
Asprey pp 179–80
from and after

usage—never use
try—from / after / on and after / recasting (using eg 6 months beginning on)
extra information
doublet
further reading
Asprey p 122
Garner’s Dictionary p 243 (doublets)
Garner’s Redbook p 163 (doublets)
Melinkoff’s Dictionary p 262
from and including

usage—avoid using if possible
try—on and after / after / from / recasting (using eg 6 months beginning on /
inclusive)
extra information
1 Pearce and Geddes suggest using from and including [a particular day] to and
including [another day] to precisely fix the beginning and end of a period of
time. However, this formulation is not grammatical and is not often used in
ordinary speech.
2 Prefer after or on and after or recasting.
3 In recasting, the words the period of are unnecessary if the period itself is
mentioned (see period).
further reading
LA, s 151 and s 151A
Pearce and Geddes pp 229-33
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–22
F
from time to time

usage—consider alternatives before using
try—omitting / no change
extra information
1 can be a redundancy
2 References to from time to time are usually unnecessary. LA, s 197 provides
that, if a law gives a function to an entity, the function may be exercised from
time to time. See also the following provisions of the LA:
•
s 42 (3) (Power to make statutory instruments)
•
s 47 (2) (b) (Statutory instrument may make provision by applying law or
instrument)
•
s 52 (2) (Instrument may authorise determination of matter etc)
•
s 102 (References to laws include references to laws as in force from time
to time)
•
s 131 (Signpost definitions)
•
s 148 (Terms used in instruments have same meaning as in authorising
laws)
3 However, from time to time is necessary if, for example, provision is to be made
in relation to a matter by adopting etc the provisions of a law (other than an
ACT law or instrument) as in force from time to time (see LA, s 47 (3)). See
also the following provisions of the LA:
•
s 207 (1) (b) (Appointment may be by name or position)
•
s 217 (1) (b) (Acting appointment may be made by name or position)
•
s 233 (1) (b) (Delegation may be made by name or position)
example of change
as amended from time to time under section 10
further reading
Asprey pp 173–5, 222
fulfil

usage—consider alternatives before using
try—comply with / satisfy / carry out / perform / do / complete / meets / no
change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
examples of change
1 A person is eligible for a licence only if the person fulfils satisfies the conditions
mentioned in section X.
2 The chief executive has the function of providing information to people who are
required to report cases of child abuse to assist them to fulfil comply with their
legal obligation.
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–23
F
full and complete

usage—never use
try—complete / recasting
extra information
doublet
further reading
Garner’s Redbook p 163 (doublets)
Gowers’ Plain Words p 61
full force and effect

usage—never use
try—effect
extra information
doublet
further reading
Garner’s Dictionary p 366 (force and effect)
Garner’s Redbook p 163 (doublets)
fulsome

usage—never use
try—detailed / full / generous / outgoing / lavish / abundant / recasting
extra information
1 Fulsome has negative connotations.
2 Fulsome means lavish in an excessive and distasteful way. For example,
fulsome praise is not flattering.
3 However, fulsome is frequently used to mean abundant, full, generous or lavish.
4 Fulsome has been described (by Bryson p 82) as one of the most frequently
misused words in English. Because there are appropriate alternatives, fulsome
should not be used.
example of change
Please provide me with a more fulsome detailed report.
further reading
Bryson’s Troublesome Words p 82
Fowler’s English Usage p 318
Garner’s Dictionary p 377
Garner’s Legal Style p 115
Garner’s Redbook p 209
Howard’s Guide p 179
Longman English Usage p 299
New Oxford Dictionary p 742
Oxford English Usage p 165
Partridge p 124
Right Words p 165 (fulsome)
Working Words p 235
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–24
F
function
[as a verb]

usage—avoid using if possible
try—work / operate / act / perform / no change
extra information
1 Function should be used only of machinery or something that works like a
machine (eg the heart).
2 Prefer an alternative if appropriate.
3 formal word
example of no change
The heart started to function as soon as the electrodes were applied.
example of change
She functions works well as team leader.
further reading
Gowers’ Plain Words p 230
Howard’s Guide p 179
Partridge p 124
Right Words p 166 (function)
Working Words p 235
furnish

usage—consider alternatives before using
try—give / provide / supply / send / recasting (using inform, mention or tell) /
no change
extra information
1 formal word
2 Furnish is the right word for provide with furniture.
3 Prefer an alternative if appropriate.
example of no change
She furnished her apartment in art deco style.
example of change
A producer must furnish give the required information to the company.
further reading
Cutts p 28
Garner’s Dictionary p 378 (as a useful vague word for contracts)
Gowers’ Plain Words p 230
Longman English Usage p 300
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–25
F
further / farther

usage—consider alternatives before using
try—additional / moreover / omitting / also / and / no change
extra information
1 formal word
2 Prefer further to farther in all contexts.
3 Further to that is a verbose elaboration of further or furthermore and should not
be used.
example of change
the further additional information
further reading
Bryson’s Troublesome Words p 73 (farther, further)
Cambridge Style Guide pp 298–9 (further or farther etc)
Fowler’s English Usage pp 285–6 (farther, further)
Garner’s Dictionary pp 349–50 (farther; further)
Garner’s Legal Style p 114 (farther; further)
Garner’s Redbook p 207 (farther; further)
Howard’s Guide p 163 (farther or further)
Howard’s Handbook pp 164-5 (farther/further)
Hudson p 163
Longman English Usage p 300 (further, furthest, farther, farthest)
Oxford English Usage p 137 (farther, farthest)
Partridge p 117 (farther/farthest/further/furthest)
Right Words pp 150–1 (farther/further)
Strunk and White p 46 (farther, further)
Working Words pp 221–2 (farther/farthest/further/furthest)
furthermore

usage—avoid using if possible
try—omitting / also / moreover / in addition /  too / again/ and / further /
no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Garner’s Redbook p 158
Gowers’ Plain Words p 18
Words and Phrases: A Guide to Plain Legal Language
October 2006
F–26
G
gainfully employed

usage—never use
try—recasting / employed / working
extra information
verbosity
further reading
Gowers’ Plain Words p 230
geared to

usage—avoid using if possible
try—adapted to / adjusted to / suited to / satisfying
extra information
vogue phrase
further reading
Gowers’ Plain Words p 231
gender or sex

usage—consider alternatives before using
try—sex / no change
extra information
1 Gender is a grammatical term. The ordinary term for describing whether a
person or animal is male or female is sex.
2 However, there is a trend to limit the use of sex to refer to the biological
differences between men and women and to extend the use of gender to refer to
psychological and social differences.
example of no change
noun of the same gender
example of change
The person must state his or her gender sex.
further reading
Bryson’s Troublesome Words p 84 (gender)
Cambridge Style Guide p 303
Fowler’s English Usage p 325
Garner’s Redbook p 235 (sex; gender)
Howard’s Guide p 182 (gender or sex)
Howard’s Handbook p 179 (gender/sex)
Working Words pp 238–9
Words and Phrases: A Guide to Plain Legal Language
October 2006
G–1
G
generality
see—without limiting the generality of; without prejudice to the generality of
get

usage—consider alternatives before using
try—recasting (using more specific words, eg become / buy / obtain / receive /
take) / omitting / no change
extra information
1 Prefer a more specific alternative if appropriate.
2 Get is generally more appropriate in informal spoken English. However, it may
be appropriate for new legislative schemes.
example of no change
A student may get AUSTUDY if …
example of change
He has not got any no sense.
further reading
Cambridge Style Guide pp 309–10
Cutts p 34
Strunk and White p 48
Working Words p 240
give consideration to

usage—never use
try—consider / have regard to / take into account / think about
extra information
verbosity
example of change
In deciding whether to grant or refuse an application, the Minister must give
consideration to consider …
further reading
Asprey pp 148, 221
Evans p 131
Garner’s Dictionary p 912 (verbosity)
Words and Phrases: A Guide to Plain Legal Language
October 2006
G–2
G
give, devise and bequeath

usage—never use
try—give / give by will
extra information
1 Triplet much loved by will drafters.
2 Give is a sufficient replacement.
see also—bequeath; devise
example of change
I give, devise and bequeath all my property to...
further reading
Asprey pp 122, 222
Butterworths Legal Dictionary pp 524-5
Garner’s Dictionary p 386
Garner’s Legal Style p 188
Garner’s Redbook p 164 (triplets)
Law Words 1995 pp 31–3
Mellinkoff’s Dictionary p 269
give recognition to

usage—never use
try—recognise
extra information
verbosity
example of change
She gave recognition to recognised the original landowners.
further reading
Garner’s Dictionary p 912 (verbosity)
good and sufficient

usage—never use
try—adequate / enough / sufficient / suitable / appropriate / satisfactory
extra information
1 doublet
2 For the use of adequate, enough and sufficient, see sufficient.
further reading
Gowers’ Plain Words p 61
Words and Phrases: A Guide to Plain Legal Language
October 2006
G–3
G
good enough
see—will/would you be good enough to advise me
got
see—get
grant

usage—consider alternatives before using
try—give / make / agree to / approve / transfer / accept / omitting / no change
extra information
1 Grant is a word with formal overtones.
2 Give and grant are interchangeable in most contexts. Give is the more general
and less formal word. Grant has certain technical meanings in real property law,
eg a grant of freehold title. In other contexts, grant implies that one gives
something out of generosity, mercy or a sense of justice. It points strongly to the
giver’s discretion to do as the giver pleases, and the would-be receiver as
depending on that discretion. Applied to the giving of licences and other forms
of permission, it has overtones inconsistent with modern administrative law
concepts.
3 Prefer an alternative if appropriate.
examples of no change
1 Freehold title to land may be granted if....
2 The prisoner was granted a pardon.
3 He granted 3 wishes.
examples of change
1 A licence may be granted given on conditions.
2 The authority may grant agree to the request.
3 I grant agree with your point.
further reading
Fowler’s English Usage p 341 (granted)
Garner’s Dictionary p 391
Mellinkoff’s Dictionary pp 273–4
Partridge p 80 (conjunctions, disguised—granted/granting)
Use the Right Word pp 243–4
Words and Phrases: A Guide to Plain Legal Language
October 2006
G–4
G
greater than

usage—consider alternatives before using
try—over / exceeds / heavier than / larger than / longer than / more than /
older than / taller than / higher than / recasting (using at least) / no change
extra information
1 Generally, prefer over, at least, or a more specific alternative, eg older than, to
other alternatives.
2 Prefer more than when using measurements (eg amounts of money or weights)
or numbers.
see also—not greater than
example of change
if the wall is greater than higher than 4 feet
greatest
see—the greatest number of
ground
see—on the grounds of/that
group

usage—consider alternatives before using
try—omitting / kind / no change
extra information
1 Most legal drafting is expressed in the singular, and it is usually unnecessary to
distinguish between a class (using, eg group) and its members (see LA, s 48 and
s 145 (b)). Avoid mentioning group unless it is necessary. See class for extra
information.
2 If it is necessary to mention class, prefer kind if appropriate.
further reading
Gowers’ Plain Words p 210 (brackets, groups)
Words and Phrases: A Guide to Plain Legal Language
October 2006
G–5
G
guilty of

usage—consider alternatives before using
try—commits / engages in / no change
extra information
1 A person should not be said to be guilty of an offence unless the context relates
to a person who has been found guilty by a court.
2 A person commits an offence by engaging in conduct that constitutes the
offence, regardless of whether it ever becomes known. However, the person is
guilty of the offence only if guilt is decided by the trier of fact in a prosecution
for the offence. Judge Learned Hand is said to have remarked that anyone can be
a killer, but only a jury can make a murderer (quoted Garner).
3 See LA, dict, pt 1, def found guilty.
example of no change
A person may be found guilty of the offence only if the prosecution proves …
example of change
A person is guilty of commits an offence if…
further reading
Garner’s Legal Style p 116
Words and Phrases: A Guide to Plain Legal Language
October 2006
G–6
H
hand
see—under the hand of
happen
see—first to happen; upon/on the occurrence/happening of
happens first
see—whichever happens first
hardly … than

usage—never use
try—hardly … when / recasting
extra information
1 Because hardly is not a true comparative, the use of hardly with than in
comparative structures has been criticised. Because there is usually little to be
gained by using than with hardly, hardly … when or recasting should be used.
2 Because hardly means almost not, it should not be used with another negative.
further reading
Cambridge Style Guide pp 328 (hard or hardly), 746 (than)
Fowler’s English Usage p 350 (hardly)
Garner’s Legal Style p 116 (hardly)
Gowers’ Plain Words p 231 (hard, hardly)
Howard’s Guide p 42 (barely, hardly and scarcely)
Howard’s Handbook p 44 (barely/hardly/scarcely)
Longman English Usage p 332 (hardly, barely, scarcely)
has / have a liability to

usage—never use
try—must / is liable to
extra information
verbosity
example of change
A person has a liability to must pay the fee.
has / have a responsibility to

usage—never use
try—must / is responsible / for
extra information
verbosity
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–1
H
has / have knowledge of

usage—avoid using if possible
try—know / aware
extra information
verbosity
example of change
1 He has knowledge of knows what happened.
2 She had knowledge of was aware of the danger.
further reading
Garner’s Dictionary p 912 (verbosity)
has / have need of

usage—avoid using if possible
try—needs / requires / wants / desires / wishes
extra information
verbosity
further reading
Garner’s Dictionary p 912 (verbosity)
has / have no power to

usage—never use
try—cannot / must not / may not
extra information
verbosity
has / have power to

usage—never use
try—may / can
extra information
verbosity
has / have the option of

usage—never use
try—may
extra information
verbosity
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–2
H
he

usage—avoid using if possible
try—recasting (avoiding gender-specific personal pronouns)
extra information
1 Avoid personal pronouns in the masculine or feminine form as far as possible. If
it is necessary to use a personal pronoun, both masculine and feminine forms
must be used, eg he or she. The neuter form need not be used (see LA,
s 145 (a)).
2 The use of he or she occasionally in a document is appropriate, but it makes the
text laboured and cumbersome if used repeatedly. It also gives rise to
unnecessary argument, eg whether she should be used before he and, if so, how
often. Usually it is convenient (and often clearer) to repeat the relevant noun,
eg the applicant, the judge, the authorised person. He or she should, therefore,
be used only where it is idiomatically required.
3 If a provision applies only to the neuter form (eg to a corporation), a personal
pronoun in the neuter form only (eg it) may be used wherever appropriate.
4 They can be used to avoid personal pronouns in the masculine and feminine
forms. It works well if the sentence is written in the plural. However, this type
of sentence is usually not suitable for legal drafting.
5 The use of the pronoun they (or their) to refer to a singular subject is now
increasing, eg ‘If a person wants to apply for a licence, they must complete a
driving test’. However, this use of they (or their) is still contentious and it
should only be used as a last resort.
6 In some situations, you can be substituted. It creates a style that addresses the
reader more directly. However, it should be clear to the reader who you is. This
approach is still a fairly novel one for legislation and needs to be used with
caution.
further reading
Asprey pp 152–61
Cambridge Style Guide pp 331–3 (he and/or she)
Cwlth OPC Plain English p 18
Cwlth Style Manual pp 58–9 (Sex-neutral references to individuals)
Corporations Law Simplification Task Force paper on singular use of they
Fowler’s English Usage p 358 (he or she)
Garner’s Dictionary pp 799–803 (sexism)
Garner’s Legal Style pp 45, 200–3
Gowers’ Plain Words pp 118–9 (they for he or she)
Howard’s Guide pp 197 (he or she; he or they), 397 (unisex grammar)
Howard’s Handbook pp 190–1 (he or she; he/they), 360 (unisex grammar)
New Oxford Dictionary pp 844-5, 1711 (she)
Right Words p 154 (the female critique)
Working Words pp 184 (discriminatory language), 254 (he/she)
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–3
H
hear and decide

usage—consider alternatives before using
try—hear / decide / deal with / no change
extra information
1 doublet
2 Use both hear and decide only if necessary.
3 Hear and decide may be necessary to refer to the entire court procedure giving
rise to issue estoppel (see example of no change).
example of no change
The magistrate must not hear and decide the charge.
example of change
If the defendant chooses to have the offence heard and decided dealt with by a
court,...
hear and determine

usage—never use
try—hear and decide / hear / decide / deal with
extra information
doublet
heirs, executors, administrators, successors and assigns

usage—avoid using if possible
try—omitting / recasting
extra information
1 word-string with technical legal meanings
2 Contracts occasionally define a party to include the party’s heirs, executors,
administrators, successors and assigns. Similar definitions are sometimes
included in legislation.
3 Expanding the definition of party in this way has little or no legal effect on its
own. It is mostly descriptive of the way in which the general law would operate
anyway. However, it may give rise to legal difficulties and should usually be
avoided.
4 See LA, s 168.
see also—assign
further reading
Dick p 131
Garner’s Dictionary pp 29 (administrator; executor), 83 (assign; assignee), 338 (executor;
executer), 400 (heir)
Garner’s Legal Style p 184 (and the heirs of his body)
Law Words 1995 pp 38–40
Piesse pp 43–5, 54
help
see—assist
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–4
H
hence

usage—avoid using if possible
try—therefore / from now on / as a result / from here / so / thus / recasting /
omitting
extra information
1 Hence, ie ‘from this point’, can be useful for introducing a conclusion instead of
therefore, thus or so. However, the word is becoming an archaism.
2 Hence should not be used in relation to space (eg ‘from here’) or time (eg ‘from
now on’).
further reading
Cambridge Style Guide pp 338
Cutts p 34
Fowler’s English Usage pp 316 (from whence), 357
Garner’s Dictionary p 878 (thence; whence; hence)
Right Words pp 188–9
Working Words p 255
henceforth

usage—never use
try—from now on / recasting (using eg  on and after) / omitting
extra information
archaism
further reading
Cutts p 28
Garner’s Redbook p 161
Gowers’ Plain Words p 232
Mellinkoff’s Dictionary p 283
henceforward

usage—never use
try—from now on / recasting (using eg on and after) / omitting
extra information
archaism
her

usage—consider alternatives before using
try—recasting (avoiding gender-specific personal pronouns) / no change
extra information
1 see she
2 Prefer recasting if appropriate.
further reading
Garner’s Legal Style pp 31, 200 (him/her)
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–5
H
hereafter

usage—never use
try—after [X] / from now on / recasting / omitting
extra information
archaism
further reading
Asprey pp 123–4, 175, 222
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
hereby

usage—never use
try—then /  by [X] / by way of [X] / because of [X] / by force of [X]/ recasting
(supplying any necessary details) / omitting
extra information
archaism
further reading
Asprey pp 123–4, 222
Cutts pp 34–5
Evans p 132
Garner’s Redbook p 162
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
herein

usage—never use
try—in [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 123–4, 222
Cutts pp 34–5
Dick p 150
Garner’s Legal Style p 116
Garner’s Redbook p 161
Gowers’ Plain Words p 18
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–6
H
hereinafter

usage—never use
try—after [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 123–4, 175, 222
Garner’s Legal Style pp 116-7 (herinafter called), 182
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
hereinbefore

usage—never use
try—before [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 123–4
Cutts pp 34–5
Dick p 150 (hereinbefore mentioned)
Garner’s Legal Style p 116
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
hereof

usage—never use
try—of [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 123–4
Cutts pp 34–5
Gowers’ Plain Words p 18
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
Partridge p 33 (archaisms)
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–7
H
hereto

usage—never use
try—to [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 123–4
Cutts pp 34–5
Evans p 132
Gowers’ Plain Words p 18
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
heretofore

usage—never use
try—before [X] / up to now / until now / to this time / recasting / omitting
extra information
archaism
further reading
Asprey pp 123–4, 175, 222
Cutts pp 28, 34–5
Garner’s Dictionary pp 404 (hitherto; thitherto), 904–5 (up to now)
Garner’s Redbook p 161
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
Partridge p 33 (archaisms)
hereunder

usage—never use
try—under [X] / recasting (using, eg follows / below) / omitting
extra information
archaism
further reading
Asprey pp 123–4
Gowers’ Plain Words p 18
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–8
H
hereunto

usage—never use
try—to [X] / recasting
extra information
archaism
further reading
Asprey pp 123–4, 222
Garner’s Legal Style pp 182-3
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Partridge p 33 (archaisms)
herewith

usage—never use
try—attached /with [X] / with this [X] / by way of [X] / here is / recasting /
omitting
extra information
archaism
further reading
Asprey pp 123–4, 222
Cutts pp 28, 34–5
Garner’s Legal Style p 116
Gowers’ Plain Words p 18
Howard’s Guide p 200 (here-words)
Howard’s Handbook p 192 (here-words)
Mellinkoff’s Dictionary p 283
him

usage—avoid using if possible
try—recasting (avoiding gender-specific personal pronouns)
extra information
see he
further reading
Garner’s Legal Style pp 31, 200 (him/her)
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–9
H
his

usage—consider alternatives before using
try—recasting (avoiding gender-specific personal pronouns) / no change
extra information
1 see he
2 Prefer recasting if appropriate.
further reading
Garner’s Legal Style p 201
hither

usage—never use
try—to this place / here / in this direction / recasting
extra information
archaism
further reading
Cambridge Style Guide p 338 (hence)
Fowler’s English Usage p 362
Right Words pp 188–9
hitherto

usage—never use
try—before [X] / previously / up to now / until now / recasting
extra information
archaism
further reading
Bryson’s Troublesome Words pp 93-4
Cutts p 28
Garner’s Dictionary pp 404 (hitherto; thitherto), 904–5 (up to now)
Garner’s Redbook p 161
Howard’s Guide p 202
Howard’s Handbook p 193
Mellinkoff’s Dictionary p 286
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–10
H
hopefully

usage—consider alternatives before using
try—recasting (using I hope or let us hope or it is hoped that) / no change
extra information
1 Hopefully traditionally meant with hope or in a hopeful way. However, it is now
widely used as a sentence adverb (ie an adverb that qualifies a sentence as a
whole) to express the hopes of the person using it, eg ‘I hope’. This extended
use has been heavily criticised, but appears to be well established.
2 Because of its extended use, care needs to be taken to avoid ambiguity when
using hopefully (see example 2, examples of change).
see also—regretfully; thankfully
example of no change
He looked hopefully at the clock.
examples of change
1 Hopefully, I will I hope to leave on the 10 am plane.
2 The meeting will resume hopefully straight after lunch. We hope that the
meeting will resume straight after lunch. [or The meeting will resume straight
after lunch and we hope that the outstanding issues can be resolved.]
further reading
Blamires’ Plain English p 311 (the parenthetical adverb)
Bryson’s Troublesome Words p- 95-7
Cambridge Style Guide pp 345–6
Cwlth Style Manual p 74 (‘Hopefully’ as a sentence adverb)
Fowler’s English Usage pp 366, 702–3 (sentence adverb)
Garner’s Dictionary pp 407–8, 792 (sentence adverbs), 813 (slipshod extension)
Garner’s Legal Style pp 33, 117
Garner’s Redbook p 212 (hopefully; fortunately)
Gowers’ Plain Words pp 232–3
Howard’s Guide p 204
Howard’s Handbook p 195
Longman English Usage pp 343-4, 640–1 (sentence adverbs)
Strunk and White p 48
Working Words p 259
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–11
H
house

usage—consider alternatives before using
try—home
extra information
Prefer home if appropriate.
examples of no change
1 a fashion house
2 a carafe of house red
3 There was a full house.
examples of change
She invited me to her house home.
further reading
Butterworths Legal Dictionary p 554 (home)
Fowler’s English Usage p 363 (home, house)
Howard’s Guide pp 203 (home or house), 205–6
Hudson p 183 (house)
Longman English Usage p 341 (home)
New Oxford Dictionary pp 876–7 (home), 888–9
Right Words p 191 (home/house)
how
see—as to how
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–12
H
however

usage—consider alternatives before using
try—omitting / recasting / but / even so / yet / on the other hand / by whatever
means / to whatever extent / no matter how / how / no change
extra information
1 There is no rule preventing the use of however at the beginning of a sentence.
The placement of however is governed by the nature of the sentence in which it
appears.
2 However is useful for providing a contrast.
3 However should generally be used sparingly as an intensifier, and generally only
when it is necessary to emphasise the universal application of a provision.
see also—whatever; whenever; wherever; whichever; whoever
example of no change
(2)
The chief police officer must keep the motor vehicle under this section until
the earlier of the following happens:
(a) the person is dealt with by a court for the offence;
……
(3)
However, subsection (2) does not apply if……..
further reading
Cambridge Style Guide pp 258–9 (-ever or ever), 347–8
Cutts p 35
Cwlth Style Manual pp 74–5 (‘However’ as a conjunction), 101 (Linked clauses)
Fowler’s English Usage p 367
Garner’s Dictionary p 409
Gowers’ Plain Words p 163
Howard’s Guide p 206
Howard’s Handbook p 196
Longman English Usage p 346
Partridge p 147
Right Words pp 194–5 (how/however)
Strunk and White pp 48–9
Working Words p 260 (how ever/however)
howsoever

usage—never use
try—by whatever means / to whatever extent / no matter how / however /
recasting
extra information
archaism
example of change
A ship is any kind of vessel used in navigation by water, howsoever however
propelled or moved.
further reading
Asprey pp 123–4, 222
Cambridge Style Guide p 57 (archaisms)
Garner’s Dictionary p 409
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–13
H
husband

usage—never use
try—spouse / partner / domestic partner / no change
extra information
1 Discrimination on the ground of marital status is unlawful under the
Discrimination Act 1991.
2 Prefer an alternative if appropriate.
3 LA, s 169 provides a definition of domestic partner.
Words and Phrases: A Guide to Plain Legal Language
October 2006
H–14
I
idem
see—ad idem
identified in

usage—consider alternatives before using
try—mentioned in / no change
extra information
1 Prefer mentioned in if appropriate.
2 Be careful not to draw artificial distinctions in provisions by using different
words to say essentially the same thing, eg do not say in one provision ‘a person
mentioned in section x’, and then in another provision ‘a thing identified in
section y’, if the person or thing is only being identified by the reference.
example of no change
The defendant was identified in a line-up by the victim.
identify

usage—consider alternatives before using
try—name / no change
see also—identified in; identify with
example of no change
An inspector must identify himself or herself by showing an identity card.
further reading
Garner’s Legal Style pp 117-8
identify with

usage—consider alternatives before using
try—associate with / closely link with / understand / support / recasting / no change
extra information
1 vogue phrase
2 Do not use identify with without a direct object.
further reading
Cambridge Style Guide pp 361-2
Garner’s Dictionary pp 413, 919 (vogue words)
Garner’s Legal Style p 118
Gowers’ Plain Words p 233
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–1
I
ideology

usage—consider alternatives before using
try—faith / creed / beliefs / philosophy / no change
further reading
Garner’s Legal Style p 118
Gowers’ Plain Words p 234
Howard’s Guide p 210 (ideology or philosophy)
ie

usage—consider alternatives before using
try—that is / that is to say / eg / for example / no change
extra information
1 This is sometimes used (by confusion with eg) to introduce an example. It
stands for id est (that is) and introduces a definition, eg ‘the outposted officers,
ie Ms X and Mr Y’. Eg stands for exempli gratia (for the sake of example) and
introduces an illustration, eg ‘a domestic animal eg a cat’.
2 Abbreviations such as ie can be freely used in notes, tables and provision
headings where brevity is particularly importance. (It would, however, be
unlikely that ie could appropriately be used in a provision heading.)
3 In general writing the use of ie is now generally acceptable in more contexts
than in the past. For example, it can be used in general writing as part of the text
inside brackets. In legislation ie can, therefore, be used in provisions (including
examples) inside brackets.
4 A comma or another punctuation mark (eg an opening bracket or dash) should
usually be used before ie. A comma should not be used after ie.
5 Use without full stops.
further reading
Asprey p 162
Blamires’ Plain English p 112 (Latin abbreviations)
Bryson’s Troublesome Words p 64 (eg, ie)
Cambridge Style Guide pp 362–3
Cutts pp 38, 39
Cwlth Style Manual p 155 (Latin shortened forms)
Evans p 132
Fowler’s English Usage p 376
Garner’s Dictionary p 414
Garner’s Legal Style p 112 (eg/ie)
Garner’s Redbook p 204 (e.g.; i.e.)
Gowers’ Plain Words p 234
Howard’s Guide p 143 (eg or ie)
Howard’s Handbook p 150 (eg/ie)
Longman English Usage pp 234–5 (eg, ie), 758 (viz, ie)
Oxford English Usage p 133 (eg/ie)
Right Words p 130 (eg)
Strunk and White p 3
Working Words p 200 (eg/ie)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–2
I
if

usage—consider alternatives before using
try—though / but / and / however / whether / whether or not / although /
no change
extra information
1 The use of if for though, but, and or however may give rise to ambiguity or
absurdity (see example 1, examples of change).
2 Care is also needed in the use of if in the sense of whether. This too can give rise
to ambiguity. For the use of whether and if, see whether.
3 If can also be a source of ambiguity if combined with not. If not is best avoided
(see example 2, examples of change).
4 It is usually unnecessary to use then after an if clause (see example 3, examples
of change).
5 For the use of if, when and where, see where.
6 Blamires states that the word if should link directly with a verb eg ‘He will die if
he continues smoking like that’ (if links directly with the verb will die). It is not
correct to make if hang on a noun eg ‘Workers are threatening a strike if their
demands are not met (if hangs on a strike). The threat is there without any
condition. It is the strike that is conditional. Instead, ‘The workers are
threatening to strike if their demands are not met’.
see also—if and when; if any; if practicable; if this is not the case; if this is the case
examples of change
1 This case, if though not proved, is arguable.
2 The instructor gave a short, if not considered although not considered, [or but
not considered] reply to the query.
3 If the notice is given, then the plaintiff must …
further reading
Blamires’ Plain English pp 212-3
Bryson’s Troublesome Words p 99
Cambridge Style Guide pp 364–5
Fowler’s English Usage pp 376–7
Garner’s Dictionary pp 414, 414–5 (if not)
Garner’s Legal Style p 65
Gowers’ Plain Words p 103
Howard’s Guide pp 32 (as and when and if and when), 408 (whether or if)
Howard’s Handbook pp 34–5 (as and when/if and when), 200 (if/whether)
Longman English Usage p 355
Oxford English Usage pp 141, 221
Partridge p 152
Right Words pp 201 (if/if not), 201–2 (if/whether)
Working Words p 268
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–3
I
if, and only if / if, but only if

usage—avoid using if possible
try—if / only if / recasting (using eg must not…unless or may…only if)
extra information
1 In logic, the proposition ‘A if, and only if, B’ implies 2 propositions:
• ‘if A, then B’
• ‘if B, then A’ (or ‘if not B, then not A’)
2 However, in legislation, if, and only if, is often used simply as a more emphatic
form for if’ or only if conditional statements.
3 But in legislation if , and only if, is sometimes used to combine both a grant of
power (if) with a restriction on the exercise of the power (only if). Care must be
taken in recasting existing provisions using the term to ensure that the dual
senses of grant and restriction are retained.
examples of change
1 A person has a defined qualification if, and only if, if the person has a degree of
the following kind: …
2 An act or practice breaches an information privacy principle if, and only
if, only if it is contrary to, or inconsistent with, the principle.
3 For this chapter, property belongs to a person if, and only if, only if— …
4 An inspector may enter premises if, and only if, only if the entry is made—
(a) in accordance with a search warrant; or
(b) with the occupier’s consent of the occupier.
further reading
Garner’s Redbook p 212 (if an only if; only if)
if and when

usage—avoid using if possible
try—if / when / whenever / recasting
extra information
1 doublet
2 compound preposition
3 If and when should be reserved for cases where there is substantial doubt about
whether an event will happen and it is necessary to reinforce the doubt.
see also—as and when; unless and until
further reading
Bryson’s Troublesome Words p 99
Fowler’s English Usage p 377
Garner’s Dictionary p 414
Garner’s Legal Style p 118
Gowers’ Plain Words p 61
Howard’s Guide p 32 (as and when and if and when)
Howard’s Handbook pp 34-5 (as and when/if and when)
Longman English Usage p 355 (if 4.)
Partridge p 152
Working Words p 268
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–4
I
if any

usage—avoid using if possible
try—recasting (using eg any) / omitting
extra information
1 If any should be used sparingly.
2 If used, use brackets not commas, ie (if any), not, if any,.
example of no change
on the conditions (if any) stated in the certificate
example of change
if an agent made the sale for the owner—the agent’s name and address (if any)
further reading
Garner’s Dictionary p 414
if not
see—if
if possible

usage—consider alternatives before using
try—if practicable / recasting (using more precise words) / no change
extra information
can be weasel words
see also—possible
if practicable

usage—consider alternatives before using
try—if possible / recasting (using more precise words) / no change
extra information
can be weasel words
see also—practicable
further reading
Evans p 145 (Weasel words)
Garner’s Dictionary p 926 (weasel words)
if the context permits / allows
see—where/if the context permits/allows
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–5
I
if this is not the case

usage—avoid using if possible
try—if not / recasting
extra information
verbosity
further reading
Cutts p 28
if this is the case

usage—avoid using if possible
try—if so / recasting
extra information
verbosity
further reading
Cutts p 28
illegible
see—unreadable
illusion

usage—consider alternatives before using
try—delusion / allusion / mirage / no change
extra information
1 Illusion, delusion and allusion are sometimes confused.
2 The Cambridge Style Guide states that illusion and delusion both refer to false
perceptions, although their implications are slightly different. Delusion suggests
that the misapprehension is subjective and results from distorted thinking or a
disordered mind. Illusion suggests that the misapprehension is produced by
external circumstances, eg ‘an optical illusion’.
3 An allusion is, by contrast, a passing reference or an incidental mention of
something, either directly or by implication.
further reading
Blamires’ Plain English p 53 (delusion/illusion)
Bryson’s Troublesome Words p 9 (allusion)
Cambridge Style Guide p 195 (delusion or illusion)
Fowler’s English Usage pp 44 (allusion, allude) 203, (delusion, illusion)
Garner’s Dictionary pp 46 (allusion; illusion), 418 (illusion; delusion)
Garner’s Legal Style p 102 (allusion; illusion)
Garner’s Redbook pp 185 (allusion; illusion), 212 (illusion; delusion; hallucination)
Hudson pp 19–21 (allusion)
Longman English Usage pp 29 (allusion, reference), 193 (delusion, illusion)
Strunk and White p 40 (allusion)
Working Words p 27 (allusion, illusion, delusion)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–6
I
imbibe

usage—never use
try—drink / no change
extra information
1 formal word
2 euphemism
further reading
Fowler’s English Usage p 309 (formal words)
Garner’s Dictionary pp 370 (formal words), 418
Longman English Usage p 358
imbue

usage—avoid using if possible
try—inspire (with) / infuse (with) / instil (into) / no change
extra information
Prefer a less formal alternative if appropriate.
further reading
Fowler’s English Usage pp 395–6 (infuse)
Gowers’ Plain Words p 235 (inculcate)
Howard’s Guide p 212 (imbue or infuse)
Howard’s Handbook p 203 (imbue/infuse)
Longman English Usage pp 358, 368 (inculcate)
Partridge p 153
Working Words p 270 (imbue/infuse/instil)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–7
I
immediately

usage—consider alternatives before using
try—omitting / quickly / promptly / at once / now / as soon as practicable /
as soon as possible / as quickly as practicable / as quickly as possible /
when / straight away / recasting (mentioning a period, eg within 14 days) / no
change
extra information
1 It is generally unnecessary to use immediately with before or after. For example,
it is unnecessary to say in a provision the day immediately after the day when
payment is made. The day after the day when payment is made would be
sufficient. The day after indicates that the provision cannot be referring to any
day after the day of payment, rather it can be referring only to the very next day
after that day.
2 For the use of as quickly as practicable and as quickly as possible, see as soon
as practicable and as soon as possible.
example of no change
A person who was a member immediately before the commencement of the scheme
may …
examples of change
1 Please tell me immediately as soon as [or when] you receive it.
2 the immediately preceding last financial year
3 28 days immediately preceding before the day this Act commences
further reading
Asprey pp 176–7
Gowers’ Plain Words p 234
Howard’s Guide p 212 (immediately, forthwith or straight away)
Howard’s Handbook p 203 (immediately/forthwith/straightaway)
impact
[as a noun]

usage—consider alternatives before using
try—effect / influence / no change / recasting
extra information
1 vogue word
2 Prefer effect or influence if appropriate.
example of change
The development of the graphical interface has had a significant impact effect on
the popularity of personal computers.
further reading
Blamires’ Plain English p 39
Evans p 132
Garner’s Dictionary pp 420, 919 (vogue words)
Garner’s Legal Style p 118
Garner’s Redbook p 158
Gowers’ Plain Words p 234
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–8
I
impart

usage—avoid using if possible
try—give / tell / pass on / inform / instruct / mention / point out / say / show /
specify / state
extra information
formal word
further reading
Cutts p 28
implement
[as a verb]

usage—consider alternatives before using
try—carry out / perform / conduct / do / keep / set up / put in place / fulfil /
no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
An agency head must implement fair employment practices.
examples of change
1 to implement carry out the commissioner’s recommendations
2 The committee must ensure that an effective quality assurance system is
implemented set up for complaints.
further reading
Cutts p 28
Garner’s Legal Style p 119
Garner’s Redbook p 158
Gowers’ Plain Words p 234
imply

usage—consider alternatives before using
try—infer / suggest/ hint / no change
extra information
For the use of imply and infer, see infer.
further reading
Blamires’ Plain English p 60 (imply/infer)
Bryson’s Troublesome Words pp 99-100 (imply, infer)
Garner’s Legal Style p 119
Gowers’ Plain Words pp 235–6 (infer)
Mellinkoff’s Dictionary pp 301–2
Working Words p 272 (imply/infer)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–9
I
import
[as a noun in the sense of giving meaning]

usage—never use
try—meaning
extra information
formal word
example of change
‘Try’ does not have the same import meaning as ‘endeavour’.
import
[as a verb in the sense of giving meaning]

usage—never use
try—express
extra information
formal word
example of change
‘Try’ does not import express the full meaning of ‘endeavour’.
important

usage—consider alternatives before using
try—significant / substantial / critical / key / recasting (using more precise
words) / no change
extra information
1 Important is a vague, omnibus word. See kind for extra information.
2 Prefer a more precise alternative if appropriate.
further reading
Bryson’s Troublesome Words p 100 (important, importantly)
Fowler’s English Usage pp 382–4
Garner’s Legal Style pp 32, 205
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–10
I
importantly

usage—consider alternatives before using
try—recasting (using neutral or more precise words) / no change
extra information
1 Importantly can operate as a sentence adverb (ie an adverb that qualifies a
sentence as a whole), especially when preceded by more or most.
2 Importantly can be ambiguous in some contexts. It can mean ‘in an important
way’ or ‘significantly’.
see also—important
further reading
Bryson’s Troublesome Words p 100 (important, importantly)
Fowler’s English Usage pp 383, 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
Working Words p 272
importation

usage—avoid using if possible
try—import / no change
extra information
1 Importation can mean the act of importing.
2 Generally prefer import.
impose

usage—consider alternatives before using
try—provide / prescribe / give / omitting / recasting / no change
extra information
Use impose only for obligations or punishments.
examples of no change
1 A penalty is imposed on the person.
2 This Act imposes a general obligation for safety.
examples of change
1 given or imposed
2 The captain is released from the obligation imposed on the captain by
subsection (1) captain’s obligation under subsection (1).
3 the period of limitation imposed under this section
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–11
I
in a case in which / to which / where

usage—avoid using if possible
try—if / recasting (using eg for)
extra information
verbosity
example of change
in a case to which if section 5 applies
further reading
Asprey p 163 (where)
Cwlth OPC Plain English pp 17–8
in accordance therewith

usage—never use
try—in accordance with / under
extra information
archaism
in accordance with

usage—consider alternatives before using
try—under / by / as required under / as required by / according to / as
specified in / agrees with / in line with / recasting / no change
extra information
1 compound preposition
2 Generally, prefer under to in accordance with. However, use in accordance with
if it is necessary to emphasise, or make it clear, that something must be done in
a particular way or in a way complying with certain requirements.
3 See LA, dict, pt 1, def under.
examples of no change
1 The Minister may approve a recommendation only if satisfied that the
recommendation has been made in accordance with the guidelines.
2 (1) The child should be placed in accordance with the first of the following
options that is available....
(2) If the child cannot be placed in accordance with subsection (1)....
examples of change
1 A person may construct a road only in accordance with under section 10.
2 the category given to the goods in accordance with under subsection (2) [if
subsection (2) only provides for the allocation of goods to categories]
further reading
Cutts p 28
Evans p 116 (accordingly)
Garner’s Dictionary p 14 (accord; accordance)
Garner’s Redbook p 160
Gowers’ Plain Words p 55
Howard’s Guide p 5 (in accordance with)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–12
I
in actual fact
see—actually/actual
in addition to

usage—consider alternatives before using
try—additional to / as well as / besides / recasting (using also or and) / no
change
extra information
1 compound preposition
2 can lead to verbosity
3 Prefer a simpler alternative if appropriate.
example of no change
The payment is in addition to …
examples of change
1 (3) In addition to any payment to which the officer is entitled under subsection
(2), the The officer is also entitled to …
2 The powers of an inspector under this Act are in addition additional to, and do
not limit, the powers of an inspector under other Acts.
further reading
Blamires’ Plain English p 200
Garner’s Redbook p 160
Gowers’ Plain Words p 55
Howard’s Guide p 8 (addition)
Longman English Usage p 16 (additional(ly))
Working Words p 273
in all probability

usage—avoid using if possible
try—probably
extra information
verbosity
example of change
It will in all probability probably rain during training.
further reading
Gowers’ Plain Words p 85
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–13
I
in a … manner / way

usage—avoid using if possible
try—recasting (using the appropriate adverb ending in ly)
extra information
verbosity
see also—in a timely manner/way
examples of change
1 in a careful way carefully
2 in a cautious manner cautiously
further reading
Garner’s Dictionary pp 882–3 (timely)
Garner’s Legal Style p 125
Garner’s Redbook p 160
Gowers’ Plain Words p 85 (in a cautious manner)
in and / or in connection with

usage—never use
try—about / for / in / of / over / to / with / in relation to / in connection with /
recasting
extra information
doublet
in an effort to

usage—never use
try—to
extra information
verbosity
example of change
She ran in an effort to catch up.
in any case

usage—consider alternatives before using
try—in any event / anyway / no change
extra information
Prefer an alternative if appropriate.
further reading
Evans p 132 (in case of)
Garner’s Dictionary p 133 (case)
Garner’s Legal Style p 106
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–14
I
in a particular respect

usage—never use
try—omitting
extra information
redundancy
in a position

usage—avoid using if possible
try—recasting (using more direct words, eg can)
extra information
1 vague phrase
2 can lead to woolly writing
examples of change
1 Are you in a position to Can you give me your weekly report?
2 I am not in a position to cannot agree to your request.
further reading
Gowers’ Plain Words pp 62 (not in a position), 254
in as much as

usage—never use
try—since / because of / so far as / in that
extra information
compound preposition
further reading
Butterworths Legal Dictionary p 575
Cutts p 28
Gowers’ Plain Words pp 55, 103–4
Howard’s Guide p 214 (in as much as, insofar as or in so much as)
Howard’s Handbook p 207 (in as much as/ insofar as/ in so much as)
in association with

usage—consider alternatives before using
try—with / no change / in relation to
extra information
1 compound preposition
2 In association with implies a looser connection with something than with.
3 Prefer with if appropriate.
further reading
Gowers’ Plain Words p 55
Longman English Usage p 63 (association)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–15
I
in a timely manner / way

usage—never use
try—promptly / quickly / as soon as possible / as soon as practicable /
immediately / at once / as quickly as possible / as quickly as practicable /
recasting
extra information
1 verbosity
2 For the use of as quickly as possible and as quickly as practicable, see as soon
as possible and as soon as practicable.
further reading
Garner’s Dictionary pp 882–3 (timely)
in attendance

usage—avoid using if possible
try—present / recasting
extra information
1 formal phrase
2 verbosity
example of change
The member chosen by the members in attendance present presides.
inaugurate

usage—consider alternatives before using
try—start / begin / introduce / no change
extra information
1 formal word
2 Prefer start or begin if appropriate.
3 For the use of start and begin, see commence.
example of change
The judge inaugurated started the proceeding.
further reading
Garner’s Dictionary p 370 (formal words)
Gowers’ Plain Words p 235
in behalf of
see—on behalf of
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–16
I
in camera

usage—never use
try—not in open court / not open to the public / in closed court / privately / in
chambers / recasting
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 575
Cambridge Style Guide p 372
Garner’s Dictionary pp 428–9
Mellinkoff’s Dictionary p 304 (in camera; in chambers)
incapable

usage—consider alternatives before using
try—cannot / unable / may not / no change
extra information
For the use of can and may, see can and may.
examples of change
if the person is incapable of giving cannot give consent within a reasonable time
is physically or legally incapable of consenting cannot consent
incapacitated

usage—consider alternatives before using
try—unable to (eg work or earn income) / no change
extra information
1 formal word with negative overtones
2 Prefer an alternative if appropriate.
further reading
Gowers’ Plain Words p 19
incapacity

usage—consider alternatives before using
try—illness / disability / no change
extra information
1 formal word with negative overtones
2 Prefer an alternative if appropriate.
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–17
I
in case

usage—avoid using if possible
try—if
extra information
compound preposition
further reading
Cambridge Style Guide p 372
Evans p 132 (in case of)
Garner’s Legal Style pp 106, 183
Gowers’ Plain Words p 55
Longman English Usage p 112 (case)
inception

usage—avoid using if possible
try—start / beginning
extra information
1 formal word
2 For the use of start and begin, see commence.
example of change
The project has changed dramatically since its inception it started.
further reading
Gowers’ Plain Words p 235
incidence

usage—consider alternatives before using
try—how often / rate of (occurrence) / extent / no change
extra information
If possible, avoid using rate of occurrence rather than rate of (see occur).
example of change
the incidence extent of the disease in the Territory
further reading
Cutts p 28
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–18
I
incidentally

usage—consider alternatives before using
try—omitting / no change
extra information
can be a redundancy
example of change
The seminar will include 3 segments, each incidentally written specially for the
seminar.
further reading
Garner’s Legal Style pp 119, 120 (incident(al) to)
Gowers’ Plain Words p 54
inclined to think

usage—avoid using if possible
try—omitting / recasting
extra information
1 timid phrase
2 Overuse of inclined to think may cause ridicule.
see also—it seems
further reading
Gowers’ Plain Words p 42
in close proximity

usage—never use
try—near / close / nearby / close by
extra information
1 verbosity
2 Use an alternative.
example of change
The child may be placed with a carer who lives in close proximity near the child’s
family or community.
further reading
Blamires’ Common Errors p 245 (proximity)
Butterworths Legal Dictionary p 948 (proximity)
Garner’s Dictionary p 711 (proximate; proximal)
Gowers’ Plain Words p 85
Longman English Usage p 575 (proximity)
New Oxford Dictionary p 1494 (proximity)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–19
I
includes
see—comprise; means and includes; the term includes/also includes
inclusive

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
1 can be a redundancy
2 See LA, s 106 (References to provisions of laws are inclusive).
example of no change
from 9 to 12 December 1996 (inclusive)
example of change
sections 1 to 3 (inclusive)
in compliance with

usage—consider alternatives before using
try—in accordance with / recasting (using, eg complying with) / under / as
required by / as required under / no change
extra information
1 formal phrase
2 Prefer a simpler alternative if appropriate
example of change
If a parentage test is carried out in compliance with in accordance with section 10,
...[or If a parentage test complies with section 10,...]
in conjunction with

usage—avoid using if possible
try—with / and
extra information
compound preposition
example of change
The Act must be read in conjunction with the Taxation Administration Act.
further reading
Cutts p 29
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
in connection with

usage—avoid using if possible
try—about / for / in / of / over / with / to / in relation to / recasting
extra information
1 compound preposition
2 connecting phrase
3 Prefer a simpler preposition if appropriate. If it is necessary to use a connecting
phrase, prefer in relation to wherever appropriate (see in relation to).
see also—for and/or in connection with; in and/or in connection with
examples of change
1 The corporation has the legal capacity and powers of an individual for or in
connection with the performance of for carrying out its functions. [or omit all
words after ‘individual’]
2 The committee may do anything necessary or convenient to be done for, or in
connection with relation to, its functions.
further reading
Butterworths Legal Dictionary p 576 (in connection with or caused by)
Gowers’ Plain Words pp 4, 18, 55–6
in consequence of

usage—avoid using if possible
try—because of / recasting (using so or therefore)
extra information
compound preposition
further reading
Gowers’ Plain Words p 216
incontestably / incontestable

usage—consider alternatives before using
try—omitting / recasting (using more ‘neutral’ words) / no change
extra information
1 Incontestably is a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Incontestably and incontestable are dogmatic words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Legal Style p 36
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–21
I
increasingly less

usage—never use
try—less and less
extra information
logically inconsistent phrase
further reading
Gowers’ Plain Words p 235
incredible

usage—consider alternatives before using
try—incredulous / omitting / no change
extra information
Only a person can be incredulous (ie unable to believe something). By contrast
facts and events are incredible (ie unable to be believed).
further reading
Cambridge Style Guide pp 373–4
Garner’s Legal Style p 120
Right Words p 206 (incredible/incredulous)
incredulous

usage—consider alternatives before using
try—incredible / no change
extra information
1 formal word
2 For the use of incredulous and incredible, see incredible.
further reading
Garner’s Legal Style p 120
Right Words p 206 (incredible/incredulous)
increment

usage—consider alternatives before using
try—step / increase / addition / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
further reading
Cutts p 29
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
inculcate

usage—consider alternatives before using
try—imbue / impress on / indoctrinate / no change
extra information
1 formal word
2 Prefer a less formal alternative if appropriate.
3 One inculcates values into people and one indoctrinates people with values.
4 For the use of inculcate and imbue, see imbue.
further reading
Fowler’s English Usage pp 389–90
Garner’s Dictionary p 435
Gowers’ Plain Words p 235
Longman English Usage p 368
Right Words p 206
Working Words p 274
incumbent on

usage—avoid using if possible
try—recasting (using must)
extra information
1 formal word
2 can lead to woolly writing
incur

usage—avoid using if possible
try—recasting
extra information
formal word
examples of change
1 reasonable administrative costs incurred by of the board
2 incurred expense spent money on
further reading
Butterworths Legal Dictionary p 585 (incurred) and (incurring a debt)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
indebtedness

usage—consider alternatives before using
try—debt / no change
extra information
1 formal word
2 Prefer debt if appropriate.
further reading
Cutts p 29
in-depth
[as an adjective]

usage—consider alternatives before using
try—omitting / comprehensive / thorough / detailed / no change
extra information
1 vogue phrase
2 sometimes a redundancy
examples of change
1 an in-depth a comprehensive review
2 an in-depth a thorough study
further reading
Gowers’ Plain Words p 51
indicate

usage—consider alternatives before using
try—direct / imply / mention / name / nominate / point out / point to / say /
show / specify / state / tell / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
see also—except as / where otherwise provided/indicated
examples of change
1 The evidence clearly indicates shows the nature of the offence.
2 The applicant must indicate to tell the registrar …
3 the concentration of alcohol in the person’s blood indicated shown by the test
further reading
Garner’s Dictionary pp 370 (formal words), 438
Garner’s Legal Style p 120
Gowers’ Plain Words p 235
Right Words pp 206-7 (indicate)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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indisputably / indisputable

usage—consider alternatives before using
try—omitting / recasting (using more ‘neutral’ words) / no change
extra information
1 Indisputably is a sentence adverb (ie an adverb that qualified a sentence as a
whole).
2 Indisputably and indisputable are dogmatic words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Dictionary pp 161 (clearly), 632 (overstatement), 791–2 (sentence adverbs), 926 (weasel
words)
individual

usage—consider alternatives before using
try—person / people / no change
extra information
1 Use individual to distinguish a natural person from a corporation (see LA, dict,
pt 1, defs individual and person).
2 Individual is also appropriate to contrast a person with an organisation or body
of people (whether express or implied).
3 However, it is inappropriate as a synonym for person.
examples of no change
1 An individual or corporation may apply for a licence.
2 The company had individual and corporate shareholders.
3 How can a single individual hope to rectify all the evils of society?
4 He is very much an individual.
5 The rights of the individual against the State.
examples of change
1 Do you see that individual person standing over there?
2 He is a strange individual person.
3 There were a number of individuals people in the room.
further reading
Bryson’s Troublesome Words p 102
Fowler’s English Usage pp 391-2
Garner’s Dictionary p 439
Garner’s Legal Style p 439
Howard’s Handbook p 209
Howard’s Guide p 209
Hudson p 199
Longman English Usage p 370
Partridge p 157
Right Words p 208
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
inebriated

usage—avoid using if possible
try—intoxicated / under the influence of (eg alcohol or drugs) / recasting (using
affected by …)
extra information
1 formal word
2 euphemism
further reading
Garner’s Legal Style p 34
in every case

usage—consider alternatives before using
try—always / in every instance / no change
extra information
Prefer an alternative if appropriate.
further reading
Garner’s Dictionary p 133 (case)
Garner’s Legal Style p 106 (case of, in the)
inevitably

usage—consider alternatives before using
try—omitting / no change
extra information
Inevitably is usually only needed if the element of inevitability needs to be stressed.
see also—must inevitably/necessarily
further reading
Gowers’ Plain Words p 54
in excess of

usage—avoid using if possible
try—over / exceeds / greater than / heavier than / larger than / longer than /
more than / older than / taller than / recasting (using at least)
extra information
1 compound preposition
2 Prefer an alternative. Generally, prefer over, at least, or a more specific
alternative, eg heavier than, to other alternatives.
further reading
Gowers’ Plain Words p 55
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
infant

usage—consider alternatives before using
try—child / not an adult / minor / baby / juvenile / recasting (using a defined
term, eg young person) / no change
extra information
1 imprecise, no legal meaning
2 Prefer child or recasting.
further reading
Butterworths Legal Dictionary pp 596-7
Gowers’ Plain Words p 235
Mellinkoff’s Dictionary pp 73–5 (child/infant/minor)
in favour of

usage—avoid using if possible
try—for / supporting
extra information
compound preposition
example of change
I am in favour of support the motion.
further reading
Gowers’ Plain Words p 55
infer

usage—consider alternatives before using
try—imply / derive / conclude / no change
extra information
It is a common error to use infer for imply. A writer or speaker implies (ie says
something indirectly) what the reader or hearer infers (ie deduces). For example, if
you see someone staggering along the road you may infer that the person is drunk,
but if you say ‘Had one too many?’, you do not infer but imply that the person is
drunk (Gowers p 235 quoting A P Herbert). The distinction between infer and
imply is, however, becoming blurred in practice and imply is replacing infer as the
word used in all contexts. Nevertheless, the distinction should continue to be
observed.
example of change
I inferred from the lack of response that no-one was home.
example of no change
The councillor inferred implied that he would not agree to the proposal by refusing
to answer questions.
further reading
Blamires’ Plain English p 60 (imply/infer)
Butterworths Legal Dictionary p 597 (inference)
Cambridge Style Guide pp 370–1
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
infer [continued]
Garner’s Legal Style p 119
Garner’s Redbook p 214 (imply; infer)
Gowers’ Plain Words pp 235–6
Mellinkoff’s Dictionary pp 301–2
Strunk and White p 49
Right Words pp 204-5 (imply/infer)
inferior … than
see—superior … than
infirmity

usage—consider alternatives before using
try—permanent illness / permanent disability / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Gowers’ Plain words p 19
inflammable

usage—consider alternatives before using
try—flammable / no change
extra information
1 Flammable and inflammable both mean easy to set on fire. However, for this
meaning, flammable should be preferred to avoid confusion.
2 Inflammable is sometimes mistaken for a negative. The correct negative is nonflammable.
3 Inflammable is still available for figurative use or to mean easily aroused to
passion or excitable.
example of no change
An inflammable mix of racism and poverty.
example of change
The curtains were highly inflammable flammable.
further reading
Cambridge Style Guide p 282 (flammable or inflammable)
Fowler’s English Usage p 302 (flammable)
Garner’s Dictionary p 361 (flammable; inflammable)
Gowers’ Plain Words p 32
Longman English Usage p 372 (inflammable, flammable, inflammatory)
Oxford English Usage p 137 (flammable)
Partridge pp 120 (flammable), 158 (inflammable and inflammatory)
Right Words p 158 (flammable/inflammable)
Strunk and White p 47 (flammable)
Working Words p 226 (flammable/inflammable/nonflammable)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
inform

usage—consider alternatives before using
try—instruct / mention / point out / say / specify / state / tell / advise / ask /
no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 It is incorrect to use inform for tell or ask where someone is being asked to do
something.
examples of change
1 The decision-maker must inform tell the applicant, in writing, that …
2 Please inform ask the instructor to come at 4 pm.
3 The lawyer informed advised the defendant about his rights.
further reading
Fowler’s English Usage p 395
Gowers’ Plain Words pp 18, 236
Longman English Usage p 373
Partridge p 158
Working Words p 281
in isolation

usage—consider alternatives before using
try—in itself / alone / on its own / no change
extra information
Prefer in itself or alone if appropriate.
further reading
Gowers’ Plain Words p 239
initial

usage—consider alternatives before using
try—first / no change
see also—first name
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
initiate

usage—avoid using if possible
try—begin / start / propose / open / introduce
extra information
1 formal word
2 For the use of start and begin, see commence.
example of change
Initiate Start the shut-down sequence.
further reading
Cutts pp 29, 31
Garner’s Dictionary pp 370 (formal words), 448
Gowers’ Plain Words p 236
initio
see—ab initio
in lieu of

usage—never use
try—instead of / in place of / in substitution for
extra information
1 archaism
2 compound preposition
example of change
The court awarded damages in lieu of instead of granting an injunction.
further reading
Butterworths Legal Dicitonary p 577
Cutts p 29
Gowers’ Plain Words p 241
Mellinkoff’s Dictionary pp 314–5
in like manner as

usage—never use
try—as / in the same way as
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
in loco parentis

usage—never use
try—acting in place of a parent / recasting
extra information
foreign phrase
example of change
responsible adult, for someone else, means a person who is a parent, step-parent,
guardian, person in loco parentis acting in place of a parent, or spouse, of the other
person.
further reading
Butterworths Legal Dictionary p 577
Mellinkoff’s Dictionary p 315
in order that / to / for

usage—consider alternatives before using
try—so / that / so that / to / for / recasting / no change
extra information
1 In order to and in order for are complex prepositions. In order that is used to
begin a noun phrase expressing purpose.
2 All are formal phrases and are usually verbose.
3 In order to can usually be replaced by to, and in order for can usually be
replaced by for. Sometimes recasting is necessary to preserve clarity (see
example 4, examples of change). The use of in order to instead of to may be
justified by considerations of rhythm, emphasis or the nearby presence of a to –
infinitive (see examples of no change).
4 In order that can usually be replaced by so, that or so that.
5 The traditional view is that in order that (but not so that) has to be followed by
may, might, shall or should, instead of can, could, will or would. Although
usage is changing, this is an additional reason to avoid the phrase.
6 Prefer an alternative if appropriate.
examples of no change
1 The Government wants to reform the banks in order to make them more
accountable to their customers.
2 Ascertain means to find out in order to know for certain.
[Note See the presence of the first ‘to’ in both examples.]
examples of change
1 A smoking section was set up in order that so that guests might could smoke
while they ate.
2 A block and tackle is necessary in order that so boats can be hauled far enough
up on the beach.
3 Jack and Jill went up the hill in order to to fetch a pail of water.
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
in order that / to / for [continued]
4 In order to be heard by everyone you must speak loudly. You must speak loudly
to be heard by everyone.
5 in order to effect the installation of to install a speed-limiting device
6 In order for For a disciplinary charge to be proved [or To prove a disciplinary
charge], criminal behaviour must be established beyond reasonable doubt.
further reading
Blamires’ Common Errors pp 150-1 (in order), 151 (in order to)
Blamires’ Queen’s English p 126 (misconnected phrases)
Cutts p 29 (in order to)
Evans p 133 (in order to)
Fowler’s English Usage pp 398-9 (in order that), 399 (in order to)
Garner’s Dictionary pp 450-1 (in order (to) (for) (that)), 517 (in order to in legalisms and
lawyerisms)
Garner’s Legal Style pp 121, 183 (in order to)
Gowers’ Plain Words pp 55 (in order to), 249 (order, in order that)
Longman English Usage p 500 (order)
Working Words p 284 (in order to/ in order that)
in personam

usage—avoid using if possible
try—against the person / recasting
extra information
1 foreign phrase and technical legal term
2 A right in personam is a right primarily available against a particular person. By
comparison, a right in rem is a right available against the world at large (see in
rem).
3 Civil proceedings are divided into proceedings in personam and proceedings in
rem. A judgment in personam is directed at a particular person, eg compelling a
person to do what the person is required to do. A judgment in rem is a judgment
made by a court that directly affects particular property, eg the arrest of a ship.
further reading
Butterworths Legal Dictionary p 577
Garner’s Legal Style p 121
Jowitt’s Dictionary p 952
Mellinkoff’s Dictionary p 316
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
in place

usage—consider alternatives before using
try—in force / in effect / omitting / no change
extra information
overused, imprecise and journalistic phrase
example of no change
A school teacher acts in place of a parent.
example of change
The arrangements in place are satisfactory.
further reading
Right Words p 209 (in place)
in pursuance of

usage—never use
try—under / because of
extra information
1 compound preposition
2 legalese
further reading
Garner’s Dictionary p 721 (pursuant to)
in question

usage—avoid using if possible
try—concerned / relevant / being considered / in dispute / in issue / omitting /
recasting
extra information
If the text is about issues in question between parties, consider if in issue is
appropriate.
see also—call in question; question
example of change
the contract in question
Words and Phrases: A Guide to Plain Legal Language
October 2006
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inquire

usage—consider alternatives before using
try—ask / question / investigate / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of change
The employer inquired asked about references.
further reading
Garner’s Dictionary pp 370 (formal words), 452
Gowers’ Plain Words p 224 (enquiry)
inquiry
see—enquiry
in re
see—re
in receipt of

usage—avoid using if possible
try—receiving / have / get / recasting
extra information
verbosity
example of change
If the applicant is not already in receipt of receiving an allowance...
further reading
Cutts p 29
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
in regard to

usage—never use
try—about / concerning / on / for / in / of / over / to / with / in relation to /
recasting
extra information
1 compound preposition
2 connecting phrase
3 Prefer a simple preposition if appropriate. If it is necessary to use a connecting
phrase, prefer in relation to if appropriate (see in relation to).
example of change
the authority’s responsibilities in regard to for the preservation of heritage buildings
further reading
Cutts p 29
Evans p 133
Fowler’s English Usage p 663 (regard)
Gowers’ Plain Words pp 18, 55–6
in relation to

usage—consider alternatives before using
try—about / for / in / of / over / to / with / recasting / no change
extra information
1 compound preposition
2 If possible, avoid using connecting phrases (eg in connection with, in regard to
and in respect of) as compound prepositions by using simple prepositions (eg for
or of). When defining something that has a relationship with something else, it is
not usually necessary to use a connecting phrase. A simple preposition is usually
sufficient.
3 If it is necessary to use connecting phrases, use the least number of different
connecting phrases and use them consistently throughout the draft. Avoid
making unnecessary, artificial distinctions between different connecting phrases.
4 If it is necessary to use a connecting phrase, prefer in relation to if appropriate.
5 See LA, dict, pt 1, def in relation to.
see also—to and/or in relation to
examples of no change
1 anything done by the corporation in relation to a transferred harbour
2 If an inspector exercises a power in relation to a person,...
3 A member of a committee is not subject to the direction of anyone else in
relation to anything done in his or her capacity as a member.
Words and Phrases: A Guide to Plain Legal Language
October 2006
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in relation to [continued]
examples of change
1 This part applies in relation to wheat.
2 This part does not apply in relation to dangerous goods in bulk if …
3 (a) in relation to for premises—an occupier of the
premises;
4 a consumer in relation to of particular goods
5 an appeal in relation to about the categorisation of land
6 previous year of tax, in relation to for a financial year, means …
7 an employer liable to pay tax in relation to for taxable wages
8 consult with the commission in relation to about the allocation of funds
9 court, in relation to for a claim, means a court with jurisdiction to hear the
claim.
10 personal service, in relation to of a document on a person, means....
11 The powers under this part may be exercised in
relation to for all ships.
12 The rates vary in relation to with the child’s age.
13 ensuring that carriers are accountable in relation to for the exercise of their
powers
further reading
Evans p 133
Gowers’ Plain Words pp 18, 55–6
in rem

usage—avoid using if possible
try—against the thing / against the world at large / in the matter of / recasting
extra information
1 foreign phrase and technical legal term
2 see in personam
further reading
Butterworths Legal Dictionary p 578 (in rem) and (in rem actions)
Garner’s Legal Style p 184
Jowitt’s Dictionary p 952
Mellinkoff’s Dictionary p 317
Words and Phrases: A Guide to Plain Legal Language
October 2006
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in respect of / to

usage—avoid using if possible
try—about / for / in / of / over / to / with /  in relation to / recasting
extra information
1 compound preposition
2 connecting phrase
3 Prefer a simple preposition if appropriate. If it is necessary to use a connecting
phrase, prefer in relation to if appropriate (see in relation to).
see also—to and/or in respect of
examples of change
1 payments in respect of for the year
2 The insurer issues a certificate in respect of for the vehicle.
3 The warranty applies in respect of to every major component of the goods.
4 concerns in respect of about parking
5 A gaming machine pays only in respect of for the highest win.
6 The amount claimed in respect of for the video machine.
7 the fee payable in respect of for an application
further reading
Evans p 133
Fowler’s English Usage p 671 (respect)
Garner’s Dictionary p 764 (respect)
Garner’s Legal Style p 137
Gowers’ Plain Words pp 55–6
in short supply

usage—consider alternatives before using
try—scarce / no change
extra information
verbosity
further reading
Gowers’ Plain Words p 261
Partridge p 279 (rare and scarce)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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insightful

usage—consider alternatives before using
try—perceptive / no change
extra information
1 formal word
2 Insightful is often used as an overstatement for perceptive. If used at all,
insightful should be reserved for instances of remarkably penetrating vision.
example of change
That was an insightful a perceptive remark.
in situ

usage—never use
try—on site / on-the-spot / in [its] usual place / in [its] original place / undisturbed
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 578
Cambridge Style Guide p 373
in so far as / insofar as

usage—never use
try—as far as / so far as /  as / so that / to the extent that
extra information
compound preposition
see also—as/so far as … is/are concerned
further reading
Butterworths Legal Dictionary p 578
Cutts p 29
Gowers’ Plain Words p 104
in some instances

usage—never use
try—sometimes
extra information
verbosity
example of change
In some instances Sometimes, less is more.
further reading
Gowers’ Plain Words p 58
Words and Phrases: A Guide to Plain Legal Language
October 2006
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in so much as

usage—never use
try—so far as
extra information
compound preposition
further reading
Gowers’ Plain Words pp 103–4
inspect

usage—consider alternatives before using
try—check / test / no change
extra information
Prefer the simplest, appropriate word.
example of change
The inspector may inspect check the vehicle’s roadworthiness.
in spite of

usage—never use
try—despite / omitting / recasting
extra information
compound preposition
example of change
She succeeded in spite of despite her disadvantages.
inst.

usage—never use
try—recasting (using this month or the name of the present month, eg January) /
instant
extra information
1 abbreviation of foreign word
2 commercialese
3 Inst. stands for instante mense (‘this month’) or instant.
further reading
Cambridge Style Guide p 775 (ult.)
Garner’s Dictionary pp 454, 895 (ult.)
Gowers’ Plain Words p 16
Partridge p 367 (ult., prox., inst.)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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I
instance

usage—never use
try—example / recasting
extra information
Instance beguiles writers in the same way as case into roundabout ways of saying
simple things (Gowers p 58).
see also—in some instances; in the first instance; in this instance
examples of change
1 In the majority of instances, the Most officers will have a window.
2 in most instances usually
further reading
Gowers’ Plain Words pp 57–8
Partridge pp 4 (abstract nouns—instance), 159 (instance)
institute
[as a verb]

usage—avoid using if possible
try—begin / start / commence / bring into use / set up / establish
extra information
1 formal word
2 For the use of begin and start, see commence.
further reading
Cutts p 29
Garner’s Dictionary pp 370 (formal words), 456
instrument

usage—consider alternatives before using
try—document / recasting (using  in writing) / omitting / no change
extra information
1 Instrument has both general and technical legal meanings. For non-lawyers,
instrument used in its legal sense can be confusing (or give rise to derision).
2 Prefer an alternative if appropriate.
3 See LA, s 14 (Meaning of instrument).
see also—instrument in writing; written instrument
example of change
A member is appointed for the term stated in the member’s instrument of
appointment.
further reading
Butterworths Legal Dictionary p 606
Garner’s Dictionary p 456
Law Words 1995 pp 41–3
Mellinkoff’s Dictionary p 319
Words and Phrases: A Guide to Plain Legal Language
October 2006
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instrument in writing

usage—avoid using if possible
try—written notice / notice / document / instrument / certificate / recasting
extra information
In general, a redundancy (but see LA, s 14 and dict, pt 1, defs document and
writing).
example of change
instrument in writing notice published in the gazette
further reading
Butterworths Legal Dictionary pp 606-7
Garner’s Dictionary p 456 (instrument)
Law Words p 42
Mellinkoff’s Dictionary p 319 (instrument)
in support of

usage—consider alternatives before using
try—for / supporting / no change
extra information
1 compound preposition
2 Prefer an alternative.
integrate

usage—consider alternatives before using
try—amalgamate / coordinate / combine / join / consolidate / no change
extra information
1 vague word
2 Integrate can be useful to describe the process of combining different elements
into a whole, especially to mean bringing racially or culturally different people
into equal membership of society.
3 However, prefer a more precise alternative if appropriate.
further reading
Fowler’s English Usage p 403
Gowers’ Plain Words pp 17, 236
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–41
I
inter alia

usage—never use
try—among other things / recasting
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 611
Cambridge Style Guide p 392
Cutts p 39
Evans p 133
Garner’s Legal Style p 121
Mellinkoff’s Dictionary p 323
Right Words p 210 (inter alia)
interest
see—in the interest of
interesting

usage—consider alternatives before using
try—puzzling / dramatic / unusual / important / recasting (using more precise
words) / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate.
further reading
Garner’s Legal Style p 32
Partridge p 160
interestingly

usage—consider alternatives before using
try—recasting (using ‘neutral’ or more precise words) / no change
extra information
1 sentence adverb (ie an adverb that qualified a sentence as a whole)
2 vague word
3 Prefer a more ‘neutral’ or ‘precise’ alternative if appropriate.
see also—interesting
further reading
Fowler’s English Usage pp 405, 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–42
I
interim

usage—consider alternatives before using
try—meantime / provisional / temporary / no change
extra information
Prefer the simplest, appropriate word.
in terms of

usage—avoid using if possible
try—about / for / in / of / to / in relation to / recasting / omitting
extra information
1 compound preposition
2 often only padding
examples of change
1 He was realistic in terms of about the prospects for increased sales.
2 The extra spending made little difference in terms of to the creation of more
employment.
further reading
Garner’s Legal Style pp 57, 121
Garner’s Dictionary p 872 (terms, in)
Gowers’ Plain Words pp 4, 55–6
Longman English Usage p 702 (terms)
Strunk and White p 50
inter pares
see—primus inter pares
interrogate

usage—consider alternatives before using
try—question / ask / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
further reading
Garner’s Dictionary p 370 (formal words)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–43
I
interval

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
Interval is sometimes misused to describe only a space or period of time, rather
than a space or period between 2 things or events (Gowers).
example of change
6-monthly intervals every 6 months [or twice a year]
further reading
Gowers’ Plain Words p 237
inter vivos

usage—never use
try—between living people / recasting (using, eg during the life of)
extra information
foreign phrase
example of change
an agreement inter vivos between living people
further reading
Butterworths Legal Dictionary p 612
Mellinkoff’s Dictionary pp 268 (gift inter vivos), 657 (trust inter vivos)
in the absence of

usage—avoid using if possible
try—without / not having
extra information
1 compound preposition
2 pomposity
example of change
In the absence of Without additional information your application cannot be dealt
with. [or Your application cannot be dealt with without additional information]
further reading
Gowers’ Plain Words p 55
Howard’s Guide p 2 (absence)
Howard’s Handbook p 3 (absence)
Longman English Usage p 5 (absence)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–44
I
in the affirmative

usage—avoid using if possible
try—recasting (using words to the effect of yes or in favour)
extra information
formal phrase
see also—affirmative
example of change
The court ruled in the affirmative in favour of the plaintiff.
further reading
Fowler’s English Usage p 32 (affirmative)
Garner’s Dictionary p 36 (affirmative, in the; negative, in the)
Gowers’ Plain Words p 201 (affirmative)
Longman English Usage p 24 (affirmative)
Partridge p 28 (answer was...)
in the case of

usage—avoid using if possible
try—for / in / recasting (using if … applies) / omitting
extra information
compound preposition
examples of change
1 … in the case of for a fatal injury, includes …
2 in the case of for a licence mentioned in subsection (3) (a)
further reading
Cambridge Style Guide p 372
Garner’s Dictionary pp 133 (case), 877 (the case of)
Garner’s Legal Style p 106 (case of, in the)
Gowers’ Plain Words pp 18, 55–6
Longman English Usage p 112 (case)
in the context of

usage—avoid using if possible
try—for / of / to / recasting
extra information
compound preposition
examples of change
1 The emergency beacon is not needed in the context of for the ferry’s normal
operations.
2 The operation of the account by a single person is impossible in the context of if
there is a proper system of financial control.
further reading
Gowers’ Plain Words pp 56, 188
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–45
I
in the course of

usage—avoid using if possible
try—during / while / when / throughout / omitting
extra information
compound preposition
example of change
in the course of during the journey
further reading
Gowers’ Plain Words p 55
in the event that / of
[also in the eventuality of]

usage—never use
try—if / when / recasting
extra information
compound preposition
examples of change
1 In the event of If conflict arises between the public interest and the private
interest of a person, …
2 In the event of If there is a short pay by a machine, …[or If a person is shortchanged by a machine…]
3 The member presiding at a meeting has a deliberative vote and, in the event of
an equality of voting if the votes are equal, a deciding vote.
further reading
Cutts pp 29, 31
Garner’s Legal Style p 183
Gowers’ Plain Words pp 55, 184, 227
in the final / last / ultimate analysis

usage—consider alternatives before using
try—in the end / finally / no change
extra information
vogue phrase
example of change
in the final analysis end
further reading
Gowers’ Plain Words p 205
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–46
I
in the first instance

usage—never use
try—first
extra information
verbosity
example of change
In the first instance First, contact the landowner.
further reading
Garner’s Legal Style p 57
Gowers’ Plain Words p 58
in the interest of

usage—never use
try—for
extra information
compound preposition
further reading
Garner’s Legal Style p 183
in the nature of

usage—avoid using if possible
try—like / similar to
extra information
compound preposition
further reading
Garner’s Legal Style p 128 (nature, of a—)
Gowers’ Plain Words pp 55, 247
in the negative

usage—avoid using if possible
try—recasting (using words to the effect of no or against)
extra information
formal phrase
see also—in the affirmative
example of change
The answer was in the negative no.
further reading
Garner’s Dictionary p 36 (affirmative, in the; negative, in the)
Gowers’ Plain Words p 247
Partridge p 28 (answer was...)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–47
I
in the neighbourhood of

usage—never use
try—about / near / close to / in / nearby / close by
extra information
compound preposition
further reading
Gowers’ Plain Words p 55
in the vicinity of

usage—never use
try—about / near / close to / nearby / close by
extra information
compound preposition
further reading
Gowers’ Plain Words p 55
in this connection

usage—never use
try—omitting / recasting
extra information
padding
further reading
Gowers’ Plain Words p 67
in this day and age

usage—avoid using if possible
try—now
extra information
verbosity
further reading
Gowers’ Plain Words p 184
in this instance

usage—never use
try—here / (in this) case / (for this) case / omitting / recasting
extra information
padding
further reading
Gowers’ Plain Words p 58
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–48
I
in this [provision] called

usage—avoid using if possible
try—omitting
extra information
1 It is unnecessary to state the provisions for which a term is defined unless the
term is to have a limited operation within the section in which the term is
defined. If a term is defined for a particular provision only and it is used outside
that section, a signpost definition should be included in the dictionary.
2 See LA, s 156 (Application of definitions in dictionaries and sections).
examples of change
1 the appropriate Minister may prepare a report (in this section called (a summary
report) for…
2 (in this Act called the existing line) [and include a signpost definition in the
dictionary]
in toto

usage—never use
try—completely / as a whole / entirely / fully / totally / wholly / without
exception / total / in all / recasting
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 578
Cambridge Style Guide p 373
intoxicated

usage—consider alternatives before using
try—under the influence of (eg alcohol or drugs) / recasting (using affected by …) /
no change
extra information
euphemism
further reading
Garner’s Legal Style p 34
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–49
I
in view of

usage—avoid using if possible
try—because of / as / since
extra information
1 compound preposition
2 For the use of in view of with the fact that, see the fact that.
further reading
Cutts p 29 (in view of the fact that)
Gowers’ Plain Words p 55
involve

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate.
example of change
The additional cost involved is $50 for each computer.
further reading
Gowers’ Plain Words pp 4, 17, 33, 237–8
involvement

usage—consider alternatives before using
try—connection / recasting (using more precise words) / no change
extra information
vague word
further reading
Gowers’ Plain Words p 238–9
in which

usage—consider alternatives before using
try—where / when / no change
extra information
Prefer where or when if appropriate.
examples of change
1 the State in which where the exemption was granted
2 the month in which when the corporation files its claim
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–50
I
in writing

usage—consider alternatives before using
try—omitting / written / recasting / no change
see also—instrument in writing; notice in writing
example of no change
only if the defendant agrees in writing
examples of change
1 The registrar must note, in writing, make a written note of …
2 a statement in writing written statement
3 a report in writing written report
ipso facto

usage—never use
try—by that very fact / recasting
extra information
foreign phrase
further reading
Cambridge Style Guide p 401
Evans p 133
ironically / ironic

usage—consider alternatives before using
try—recasting (using more ‘neutral’ words) / no change
extra information
1 Ironically can be a sentence adverb (ie an adverb that qualified a sentence as a
whole).
2 Ironically and ironic are value-loaded words.
3 Prefer a ‘neutral’ alternative if appropriate.
further reading
Cambridge Style Guide p 402 (irony)
Fowler’s English Usage pp 415 (irony), 702–3 (sentence adverbs)
Garner’s Dictionary pp 468–9 (irony), 791-2 (sentence adverbs)
Garner’s Legal Style pp 153-4 (Irony)
Right Words pp 214–6 (ironic/irony/sardonic/satiric)
Working Words pp 290 (irony/ironic/ironical/ironically)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–51
I
irrespective of

usage—avoid using if possible
try—recasting (using whether or not or even if)
further reading
Garner’s Legal Style p 121
Gowers’ Plain Words p 239
is / are able to

usage—avoid using if possible
try—can / may
extra information
verbosity
examples of change
1 If the child is able to can form and express views about his or her wellbeing,
those views must be sought and considered.
2 The chief executive must provide regular care, planning and review for a child
that fully involves the child so far as the child is able to can take part.
further reading
Evans p 121 (be able to)
Garner’s Legal Style p 183
is / are allowed to

usage—avoid using if possible
try—may / can
extra information
verbosity
is / are authorised

usage—avoid using if possible
try—may / can
extra information
can be a verbosity
example of change
The local authority is authorised may …
further reading
Evans p 121 (be authorised to)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–52
I
is / are entitled to

usage—consider alternatives before using
try—may / can / recasting (using must) / no change
extra information
1 can be a verbosity
2 Is entitled to can be appropriate to make it clear that someone has a right to
something. However, often may is sufficient.
see also—is not entitled to
example of no change
A member is entitled to be paid the remuneration and allowances the Minister
decides. [if a member can decline payment, but otherwise has a right to payment]
example of change
The carrier is entitled to may enter the property.
further reading
Garner’s Dictionary p 942 (words of authority)
Garner’s Legal Style p 183
is / are liable to

usage—consider alternatives before using
try—must /is given to / is apt to / is likely to / is expected to / probably / is
responsible for / no change
extra information
1 can be a verbosity
2 Prefer an alternative if appropriate.
3 Do not use liable to as a substitute for apt or likely. Use apt to mean to have a
natural tendency or be inclined towards. Use likely to mean expected or
probable.
4 Liable to is best reserved for negative events that are a possibility or habitually
happen. Liable to also means responsible or subject to liability, eg to taxation or
civil or criminal liability.
example of no change
She is liable to pay the levy.
examples of change
1 Under pressure he is liable likely to give up.
2 The workload is liable likely to increase.
3 The computer system is liable given to breakdowns.
4 A beneficiary is liable to must tell the authority about any changed
circumstances.
further reading
Cambridge Style Guide p 444
Fowler’s English Usage pp 64 (apt, liable), 455 (liable, likely), 460 (likely)
Garner’s Dictionary pp 72 (apt; apposite), 527 (liable), 530 (likely)
Garner’s Legal Style p 124 (liable; apt; likely)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–53
I
is / are liable to [continued]
Gowers’ Plain Words p 241
Longman English Usage p 54 (apt, liable, likely)
Oxford English Usage pp 119 (apt), 146
Partridge p 176 (liable)
Right Words p 36 (apt/likely)
Working Words p 44 (apt/liable/prone/likely)
is / are not entitled to

usage—avoid using if possible
try—cannot / may not / must not
extra information
can be verbosity
example of change
A registered insurer is not entitled to must not decline CTP business.
is / are not required to

usage—avoid using if possible
try—may / can / need not / does not have to / may, but need not, / can, but
need not,
extra information
1 can be a verbosity
2 Prefer an alternative if appropriate.
is / are not to

usage—avoid using if possible
try—must not / does not
extra information
see also—is/are to
examples of change
1 An additional penalty is not to must not be imposed on the person.
2 the owner is not to must not be taken
3 This agreement is not to does not have effect while the State is a party to another
agreement about …
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–54
I
is or exceeds

usage—avoid using if possible
try—is at least
example of change
the weight of the load is or exceeds at least
is / are required to

usage—avoid using if possible
try—must
extra information
verbosity
issue
[as a noun]

usage—consider alternatives before using
try—subject / topic / concern / consideration / dispute / matter / blood relative
/ no change
extra information
1 formal word
2 Prefer an alternative (other than matter) if appropriate.
further reading
Gowers’ Plain Words pp 4, 239
issue
[as a verb]

usage—consider alternatives before using
try—make / give / transfer / send / omitting / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
examples of no change
1 The surveyor may issue licences.
2 A certificate of survey has not been issued for the ship.
examples of change
1 The Minister may issue make standards about …
2 The chief executive must issue give an identity card to each inspector.
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–55
I
issue as to whether / of whether

usage—never use
try—issue whether
extra information
verbosity
further reading
Garner’s Dictionary pp 470, 930 (whether)
Garner’s Legal Style pp 135 (whether, as to), 144 (whether (or not))
is the duty
see—it is the duty of
is / are to

usage—consider alternatives before using
try—must / will / omitting / recasting / no change
extra information
1 Prefer an alternative if appropriate.
2 Use must if a duty is to be imposed.
3 There is no rule preventing must being used in relation to the Executive,
Ministers or courts.
see also—is to be read; is to be taken
examples of no change
1 An election is to be held on …
2 The committee’s function is to …
3 The reference must state the functions the committee is to perform.
examples of change
1 If the notice is to be served by post, the notice may be addressed to …
2 The election is to must be conducted as if …
3 All land is to keep keeps its previous designation.
4 an order that a claimant is to have has leave
5 The commissioner is to be appointed under the XYZ Act.
6 The chairperson is to preside presides at a meeting if the chairperson is present.
further reading
Cwlth OPC Plain English p 20
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–56
I
is to be read

usage—avoid using if possible
try—recasting
extra information
verbosity
example of change
the provision is to be read applies with the changes …
is to be taken

usage—never use
try—is / is taken
extra information
verbosity
examples of change
1 The land is to be taken as being taken to be land granted in fee simple.
2 A claimant is to be taken to have remedied noncompliance if …
further reading
Garner’s Legal Style p 191 (be-verbs)
is / are unable to

usage—avoid using if possible
try—cannot / may not / must not
extra information
verbosity
examples of change
1 is unable to cannot give notice to the owner
2 If a person is unable to cannot comply with subsection (1) (a) before starting on
a journey by railway, ...
3 It the officer is unable to cannot continue to perform the duties,...
4 If, for any reason, the chair is unable to cannot perform the duties of the
position, …
further reading
Evans p 121 (be unable to)
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–57
I
it appears that / it would appear that

usage—avoid using if possible
try—omitting / recasting
extra information
timid phrase
further reading
Garner’s Legal Style p 36 (it would appear that)
item

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
Prefer a more precise alternative if appropriate.
example of no change
item 10
example of change
Please tick the items goods that you wish to buy.
further reading
Gowers’ Plain Words p 240
it is apprehended that

usage—never use
try—I/we suppose / omitting / recasting
extra information
timid phrase
further reading
Gowers’ Plain Words p 18
it is lawful
see—lawful
it is (respectfully) suggested that

usage—avoid using if possible
try—omitting / recasting
extra information
timid phrase
further reading
Garner’s Legal Style pp 36, 82
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–58
I
it is the duty of

usage—avoid using if possible
try—recasting (using  must)
extra information
verbosity
further reading
Garner’s Legal Style p 184
it may necessitate

usage—never use
try—[you] may have to
extra information
formal phrase
further reading
Gowers’ Plain Words p 247 (necessitate)
it might be said that

usage—avoid using if possible
try—omitting / recasting
extra information
timid phrase
further reading
Garner’s Legal Style p 36
it seems

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
timid phrase
see also—seems
further reading
Garner’s Legal Style pp 36, 57
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–59
I
it will be seen by a perusal of

usage—never use
try—you will see by reading / you will see from
extra information
pomposity
further reading
Gowers’ Plain Words p 18
it would appear that
see—it appears that/it would appear that
… ize
[usually at end of word]

usage—consider alternatives before using
try—… ise / no change
extra information
Follow the spellings used in the latest edition of the Macquarie Dictionary. If a
word is given with ...ise and ...ize equally preferred, prefer ...ise.
examples of change
1 organize organise
2 recognize recognise
3 civilization civilisation
4 fertilizer fertiliser
further reading
Cambridge Style Guide pp 405–7
Garner’s Legal Style pp 21-2
Gowers’ Plain Words p 239
Words and Phrases: A Guide to Plain Legal Language
October 2006
I–60
J
jointly and severally
[also joint and several]

usage—avoid using if possible
try—recasting (using together / collectively and separately / alone / individually
/ each of them)
extra information
1 doublet
2 The words jointly and severally (and joint and several) are not legal terms of art.
They can be replaced with plainer alternatives without loss of legal effect. It is
also possible to use a modern phrase with the traditional legal phrase in
brackets, eg ‘together and separately (also known as ‘jointly and severally’)’.
3 To clarify the application of a provision to combinations, the words ‘or in any
combination’ could be added.
further reading
Butterworths Legal Dictionary p 643 (joint and several), (joint and several liability), (joint and
several obligation) and (joint and several promise)
Garner’s Dictionary pp 479 (joint and several), 799 (several)
Law Words 1995 pp 44–6 (joint and several)
Right Words p 367 (several)
junior … than
see—senior … than
just and reasonable

usage—avoid using if possible
try—just / fair / reasonable / impartial
extra information
doublet
further reading
Mellinkoff’s Dictionary p 345
justify

usage—consider alternatives before using
try—prove / defend / no change
extra information
Prefer the simplest appropriate word.
Words and Phrases: A Guide to Plain Legal Language
October 2006
J–1
J
juvenile

usage—consider alternatives before using
try—child / not an adult / infant / minor / recasting (using a defined term, eg
young person) / no change
extra information
1 Prefer child or recasting.
2 Juvenile has derogatory connotations in some contexts.
further reading
Fowler’s English Usage p 431
Mellinkoff’s Dictionary p 347
Words and Phrases: A Guide to Plain Legal Language
October 2006
J–2
K
kind

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 Most legal drafting is expressed in the singular and it is usually unnecessary to
distinguish between a class (using, eg category, class, group, kind or type) and
its members (see LA s 48 and s 145 (b)). Avoid using class unless it is
necessary.
2 If it is necessary to use class, use it as infrequently as possible consistently
throughout the draft. Avoid making unnecessary, artificial distinctions in using
classes (eg the use of kind and type, or class and kind).
3 If it is necessary to mention class, prefer kind if appropriate.
4 Avoid using kind as an omnibus word. ‘Whatever is generic in writing is an
enemy to good legal writing. Just as glib generalities weaken the arguments they
would support, so omnibus words detract from the message they would convey.
Expunge these words from your vocabulary and you will find your writing more
vigorous, concrete and vivid.’ (Garner)
5 Never use kind of as a hedge word (diminisher), eg ‘He was kind of late’.
6 Never use kind of a as a contraction for a kind of a.
see also—type and kind
example of change
a person of the kind mentioned in section 14
further reading
Cambridge Style Guide p 427 (kind of)
Fowler’s English Usage pp 433–4
Garner’s Legal Style pp 123, 205 (kind of)
Gowers’ Plain English p 134 (those kinds of things)
Strunk and White p 51 (kind of)
knowledge
see—has/have knowledge of
Words and Phrases: A Guide to Plain Legal Language
October 2006
K–1
L
lack

usage—consider alternatives before using
try—recasting / no change
extra information
Lack can contribute to abstract, loose writing.
examples of change
1 There is a complete lack of spare pens. There are no spare pens.
2 There exists a considerable lack of knowledge about Not much is known about
…
further reading
Gowers’ Plain Words pp 80–1
laid before
see—lay/laid before
landlord

usage—consider alternatives before using
try—lessor / no change
extra information
1 formal word
2 Landlord has negative overtones.
last
see—in the final/last/ultimate analysis; lastmentioned/last-mentioned/ last
mentioned
last will and testament

usage—never use
try—will
extra information
It is not necessary to use last will and testament. The word last serves no legal
purpose and the word will includes testament.
further reading
Law Words 1995 pp 47–9
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–1
L
lastly

usage—never use
try—last
further reading
Cambridge Style Guide p 434
lastmentioned / last-mentioned / last mentioned

usage—never use
try—recasting / last
extra information
1 formal word
2 Do not hesitate to repeat words rather than use lastmentioned to avoid repetition.
Alternatively, use a tagged term. Readers may otherwise have difficulty in
working out what is referred to.
3 For similar reasons, avoid substituting latter (see latter).
4 If you want to refer otherwise than specifically to the first of 2 or more things,
try last.
see also—firstmentioned/first-mentioned/first mentioned
later
see—no later than; not later than
latter

usage—avoid using if possible
try—recasting / last
extra information
1 formal word
2 Prefer to repeat words rather than use latter to avoid repetition. Alternatively,
use a tagged term. Readers may otherwise have difficulty in working out what is
referred to.
3 For similar reasons, avoid substituting lastmentioned and like terms (see
lastmentioned).
4 Latter can refer to only one of 2 things and if you use it of more than 2 you may
puzzle your readers.
5 If you want to refer otherwise than specifically to the first of more than 2 things,
try first.
see also—former
further reading
Cambridge Style Guide p 291 (former and latter)
Fowler’s English Usage pp 443–4
Garner’s Dictionary p 370 (former)
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–2
L
latter [continued]
Gowers’ Plain Words p 115
Longman English Usage pp 292–3 (former, latter)
Partridge p 175
Right Words p 163 (former/latter)
Working Words p 232 (former/latter)
lawful

usage—consider alternatives before using
try—valid / legitimate / legal / omitting / recasting (using may) / no change
extra information
1 It is sometimes desirable to mention that some conditions depend on whether
the action mentioned in the conditions is itself not an offence (see examples of
no change).
2 Usually, lawful is an unnecessary gloss if what is intended is a reference to legal
competency. In phrases such as it is lawful, may is then appropriate (see may).
3 Lawful is now rather formal and old-fashioned. Prefer an alternative if
appropriate.
example of no change
without lawful justification or excuse
further reading
Cambridge Style Guide p 439 (legal, legalistic, legitimate or lawful)
lay
see—lay/laid before; overlay; underlay
lay / laid before

usage—consider alternatives before using
try—present to (the Legislative Assembly)
extra information
Present to is the concept used in the Standing Orders of the Legislative Assembly
and the LA.
example of change
The Minister must lay before present to the Legislative Assembly …
layoff
see—permanent layoff
leading edge
see—on the cutting/leading edge
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–3
L
leading question

usage—consider alternatives before using
try—loaded question / searching question / no change
extra information
In law, a leading question is a question designed to help or trap a person by
suggesting the answer. Generally, leading questions are allowed only in crossexamination. The term is sometimes applied in non-legal contexts to questions
requiring a guarded answer.
further reading
Cambridge Style Guide p 438
Fowler’s English Usage pp 445–6
Gowers’ Plain Words pp 74, 270
least
see—at least as/so far as … is/are concerned
legal practitioner

usage—consider alternatives before using
try—lawyer / no change
extra information
1 formal phrase
2 See LA, dict, pt 1, defs lawyer and legal practitioner.
legally

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 Legally can be a sentence adverb (ie an adverb that qualified a sentence as a
whole)
2 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–4
L
less

usage—consider alternatives before using
try—fewer / lesser / no change
extra information
1 For the use of less and fewer, see fewer.
2 For the use of less and lesser, see lesser.
3 Note that to provide for less than X and more than X has the effect of excluding
X itself and leaving it unprovided for.
see also—increasingly less; not less than; or less
lesser

usage—consider alternatives before using
try—less / no change
extra information
1 Lesser means smaller in importance, significance or status. It is used with count
nouns (see fewer).
2 Less is used with mass nouns (see fewer) and means smaller in amount.
further reading
Cambridge Style Guide p 441
let

usage—consider alternatives before using
try—leased / allow / permit / leave / no change
extra information
1 It is unnecessary to refer to both let and leased.
2 Prefer an alternative if appropriate.
example of change
If the land were let leased at a nominal rent, …
further reading
Fowler’s English Usage p 448 (leave, let)
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–5
L
level

usage—consider alternatives before using
try—omitting / recasting (using more specific words) / no change
extra information
1 Words like level are vague and abstract, and can be useful on occasion.
However, they are often overused. Therefore, consider if use is necessary.
2 Prefer available words that are more specific if appropriate.
examples of change
1 overall level of total expenditure
2 significantly higher level of expenditure
further reading
Gowers’ Plain Words p 189
liable to
see—is/are liable to
liability to
see—has/have a liability to
liaise with

usage—avoid using if possible
try—talk to / coordinate / contact
extra information
vogue phrase
lieu
see—in lieu of
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–6
L
like

usage—consider alternatives before using
try—as / as if / as though / just as / such as / similar / the same / no change
extra information
Like should not, as a rule, be used as a conjunction (see examples of change).
see also—in like manner as
examples of no change
1 The Minister, like her predecessor, is a lawyer.
2 Nothing succeeds like success.
examples of change
1 Nothing succeeds like as success does.
2 It looks like as if he is going to succeed.
3 in like similar [or the same] circumstances
4 a like similar case
further reading
Cambridge Style Guide pp 447–8 (in support of use of like as conjunction)
Gowers’ Plain Words p 104
likewise

usage—consider alternatives before using
try—similarly / also / recasting (adding and to avoid using as conjunction) / no
change
extra information
The use of likewise as a conjunction remains contentious.
further reading
Cambridge Style Guide p 449
limited number of

usage—avoid using if possible
try—few
extra information
1 verbosity
2 If possible, use an alternative.
further reading
Bryson’s Troublesome Words p 119 (limited)
Gowers’ Plain Words p 241 (limited)
Howard’s Guide p 246 (limited)
Partridge p 177 (limited)
Working Words p 316 (limited)
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–7
L
limiting
see—without limiting the generality of
listed

usage—consider alternatives before using
try—mention / state / set out / recasting / no change
extra information
1 Be careful not to draw artificial distinctions in legislation by using different
words to say essentially the same thing, eg do not say in one provision ‘a (thing)
listed in section x’ and then in another provision say ‘ a person mentioned in
section y’.
2 Prefer mention or state if appropriate. For the use of mention, state and set out,
see state.
example of change
Removal allowance is payable if the transfer is to a place listed mentioned in
section 50.
literally

usage—consider alternatives before using
try—omitting / no change
extra information
Literally is an overworked word that has lost much of its force and credibility.
Strictly speaking, it means according to the letter, ie word for word or exactly as the
utterance has it. The word literally can make a liar of you. Beware of using literally
to unduly exaggerate.
example of change
literally dead with fatigue dead tired
further reading
Cambridge Style Guide pp 452–3
Garner’s Dictionary pp 531, 813 (slipshod extension)
Garner’s Legal Style p 125
Gowers’ Plain Words p 242
Strunk and White p 52
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–8
L
livelihood

usage—avoid using if possible
try—living / occupation / business
extra information
formal word
further reading
Gowers’ Plain Words p 242
locality

usage—avoid using if possible
try—place / area / district
extra information
formal word
further reading
Gowers’ Plain Words p 242
lodge

usage—consider alternatives before using
try—file / made to / give / send / recasting / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
examples of change
1 A claim for compensation must be lodged with made to the chief executive.
2 A claimant may apply for compensation by lodging giving a completed form
with to the Minister.
3 An application must be lodged made in writing with to the authority.
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–9
L
logically / logical

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 Logically can be a sentence adverb (ie an adverb that qualified a sentence as a
whole).
2 Logically and logical can be value-loaded words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
long
see—as/so long as
Words and Phrases: A Guide to Plain Legal Language
October 2006
L–10
M
maintain

usage—consider alternatives before using
try—keep / continue / have / state / assert / no change
extra information
Prefer a simpler alternative if appropriate.
examples of no change
1 maintaining an aid to navigation
2 A standard may specify the objectives to be achieved and maintained.
3 The duties of a pilot’s employer are to develop and maintain the pilot’s skills.
4 A windscreen wiper must be provided with a pump to maintain the efficient
operation of the wiper.
example of change
The tribunal must maintain keep a register of decisions.
major

usage—consider alternatives before using
try—main / chief / principal / serious / recasting (using important / big / large
/ strong / great) / no change
extra information
vague, overused word
examples of no change
1 major road (in contrast with minor road)
2 the two major political parties
3 the major part of this paper
examples of change
1 a major serious illness
2 a major big loss
further reading
Fowler’s English Usage p 476
Garner’s Legal Style p 32
Gowers’ Plain Words p 243
Working Words p 324
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–1
M
major part

usage—avoid using if possible
try—most
extra information
verbosity
further reading
Gowers’ Plain Words p 243 (majority)
Working Words p 324 (major)
majority

usage—consider alternatives before using
try—recasting (using, eg most / the greater part of) / no change
extra information
1 It has been suggested that majority and minority should be used to refer only to
people or things that can be counted, and not to a single thing or uncountable
nouns, eg experience.
2 Prefer most if appropriate.
3 The phrase the majority of should be reserved for cases where the difference
between a majority and a minority is significant, eg cases involving voting on an
issue. However, when used for voting numbers, majority can be ambiguous. For
example, ‘a majority of 10’ can mean either that the difference between the
votes for and against was 10 or that there were 10 votes in the majority.
4 Majority may be treated as singular or plural according to whether the people or
things mentioned are being considered as a group or individually (see examples
of no change).
examples of no change
1 The majority of members are likely to support the bill.
2 The Right had a greater majority of votes than 3 years ago.
examples of change
1 The majority of Most members represent urban electorates.
2 The majority of Most of the building was damaged by fire.
3 the vast majority most
further reading
Cambridge Style Guide pp 461 (majority), 486 (minority)
Fowler’s English Usage pp 476–7
Gowers’ Plain Words pp 133, 243
Right Words p 243
Working Words p 324
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–2
M
make a decision

usage—avoid using if possible
try—decide
extra information
verbosity
example of change
It is necessary to make a decision decide …
make an order

usage—avoid using if possible
try—order
extra information
verbosity
example of change
The court may make an order that...
make application

usage—avoid using if possible
try—recasting (using, eg apply)
extra information
verbosity
example of change
A person may make an application apply to the Minister for a licence.
further reading
Garner’s Dictionary p 912 (verbosity)
make a statement

usage—avoid using if possible
try—state / assert /mention
extra information
verbosity
example of change
A person must not make a statement state …
further reading
Garner’s Dictionary p 11 (abstractitis)
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–3
M
make payment

usage—avoid using if possible
try—pay
extra information
verbosity
further reading
Garner’s Dictionary p 912 (verbosity)
make provision for

usage—avoid using if possible
try—provide for
extra information
verbosity
further reading
Garner’s Dictionary pp 543, 912 (verbosity)
make reference to

usage—avoid using if possible
try—refer to / mention
extra information
verbosity
further reading
Garner’s Legal Style p 125
make sure

usage—never use
try—ensure / verify / clarify
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–4
M
man / men

usage—consider alternatives before using
try—person / human being / recasting / no change
extra information
gender-specific word
examples of change
1 1 man person, 1 vote
2 Man is not a solitary animal. Human beings are not solitary animals.
see also—man-made
further reading
Cambridge Style Guide pp 463–4
Cwlth Style Manual p 58 (Sex-neutral references to individuals)
Fowler’s English Usage pp 705–6 (sexist language), 182–5 (discriminatory language)
Garner’s Dictionary pp 799–803 (sexism)
Longman English Usage p 645 (sexism)
Working Words p 325
...man / men

usage—avoid using if possible
try—recasting (using gender-neutral words)
extra information
1 gender-specific word
2 For a list of gender-neutral alternatives for gender-specific job titles, see Cwlth
Style Manual pp 59-60 (Occupational titles).
3 If possible, use a gender-neutral alternative.
see also—chairman/chairwoman; workman/working man
further reading
Cwlth Style Manual p 58 (Sex-neutral references to individuals)
Garner’s Dictionary pp 801-2 (sexism)
Garner’s Legal Style p 203
Longman English Usage p 645 (sexism)
Right Words p 154 (the female critique)
manhole

usage—avoid using if possible
try—accesshole / sewerhole / utility hole / trapdoor / recasting
extra information
1 Arguably a gender-specific word.
2 If possible, use a gender-neutral alternative.
further reading
Garner’s Legal Style p 203
Right Words p 154 (the female critique)
Working Words p 183 (discriminatory language)
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–5
M
manhood

usage—avoid using if possible
try—adulthood / recasting
extra information
1 gender-specific word
2 If possible, use a gender-neutral alternative.
manhour

usage—never use
try—working hour / work hours / labour hours / recasting
extra information
gender-specific word
see also—man
further reading
Cambridge Style Guide p 464
manifestation

usage—consider alternatives before using
try—recasting (using more ‘neutral’ words) / no change
extra information
1 vague word
2 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Legal Style p 32
manifestly / manifest

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 dogmatic words
2 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Dictionary pp 161 (clearly), 926 (weasel words)
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–6
M
mankind

usage—avoid using if possible
try—humanity / human beings / humans / people / the human race / humankind /
persons / recasting / no change
extra information
gender-specific word
example of change
the problems of mankind humanity
further reading
Cambridge Style Guide pp 463–4 (man)
Fowler’s English Usage pp 479, 705–6 (sexist language)
Partridge p 185
Right Words p 245
Working Words pp 182–5 (discriminatory language), 325
man-made

usage—never use
try—artificial / manufactured / constructed / fabricated / handmade /
handcrafted / recasting
extra information
gender-specific word
see also—man
further reading
Cambridge Style Guide p 464
manner

usage—consider alternatives before using
try—way / method / omitting / recasting (using, eg how) / no change
extra information
1 Manner is a fruitful source of verbosity.
2 Prefer an alternative if appropriate.
see also—in a … manner/way; in a timely manner/way; in like manner as
examples of change
1 in like manner the same way as
2 in a hasty manner hastily
3 the manner in which how
4 in a manner similar to like
5 The objects of this Act include promoting the protection of children in a
manner way that ...
further reading
Cutts p 29
Garner’s Dictionary p 547 (manner in which)
Longman English Usage p 433
Partridge p 4 (abstract nouns)
Working Words p 326
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–7
M
manpower

usage—avoid using if possible
try—workforce / staff / workers / human resources / labour / labour force /
personnel / people / recasting
extra information
gender-specific word
further reading
Working Words p 183 (discriminatory language)
marginal
[or marginally]

usage—consider alternatives before using
try—small / slight / only just / bare / recasting / no change
extra information
Do not use marginal as a substitute for small or similar words.
examples of change
1 There has been a marginal slight increase in the inflation rate.
2 The cost of rehabilitating the mine site was marginal small.
3 The business is marginally barely profitable.
4 The airconditioning system is marginally only just capable of handling hot days.
further reading
Gowers’ Plain Words pp 243–4
master
[as a noun]

usage—avoid using if possible
try—employer / teacher / principal / captain (of ship/harbour) / registrar / judicial
registrar / person in charge / person in control
extra information
1 Master can be regarded as gender-specific (at least in some contexts) and,
except when referring to the Master of the Supreme Court or the master of a
ship, should be avoided if possible.
2 If what is intended is a reference to the master in a master–servant relationship,
employer and employee are usually sufficient. Master in this context is dated
and can have negative overtones.
examples of no change
1 the master [of the Supreme Court]
2 the master of the ship [if captain is not appropriate for the context]
examples of change
1 the apprentice’s master employer
2 a schoolmaster schoolteacher [or principal]
further reading
Garner’s Dictionary pp 312 (employer and employee; master and servant), 550
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–8
M
material
[as an adjective]

usage—consider alternatives before using
try—essential /important / necessary / significant / relevant / appropriate
/ recasting (using more precise words) / no change
extra information
1 vague word that can mean, eg essential, important or relevant
2 Prefer a more precise alternative if appropriate.
3 False or misleading in a material particular [respect] has a well established
meaning in criminal law (see, eg Minister for Immigration v Dela Cruz (1992)
110 ALR 367, 371, 372, and R v Marslen and Shaw (1995) 79 A Crim R 199,
202-3).
4 Material is also used in a number of other legal concepts (see Butterworths
Legal Dictionary). In these concepts it also has a well-established meaning.
example of no change
false or misleading in a material respect
examples of change
1 A return must be correct in all material essential details.
2 A claim for benefit must include all material information necessary to enable the
claim to be decided.
further reading
Butterworths Legal Dictionary pp 731 (material) , (material alteration), (material fact) and
(material form), 732 (material omission), (material particular), (material personal interest) and
(material representation)
Garner’s Dictionary pp 550–1, 813 (slipshod extension)
Garner’s Legal Style p 125 (material; relevant)
Working Words p 239 (germane/material/relevant)
materialise

usage—consider alternatives before using
try—happen / come about / take place / occur / appear / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Gowers’ Plain Words p 244
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–9
M
matrix

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 vogue word
2 Avoid using matrix in the vague sense of situation or surrounding substance.
further reading
Garner’s Dictionary p 919 (vogue words)
Garner’s Legal Style p 33
Gowers’ Plain Words p 244
matter

usage—consider alternatives before using
try—issue / thing / substance / subject / topic / concern / consideration /
dispute / recasting / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
see also—any act/matter/thing; any other
examples of no change
1 A standard may include matters prescribed by regulation.
2 A certificate stating any of the following matters:
3 the matters of which details are required
4 the matters contained in a document
5 The client’s matter involved many issues.
examples of change
1 If a member has an interest in a matter an issue being considered by the
corporation, …
2 A change has happened in relation to a matter something that …
maximum
[also maximal / maximise]

usage—consider alternatives before using
try—recasting (using eg most / biggest / greatest / heaviest / oldest / thickest) / no
change
extra information
1 Prefer a more specific alternative if appropriate.
2 If possible, avoid using maximal or maximise.
example of no change
a motorised wheelchair with a maximum speed of less than 10km/h
further reading
Gowers’ Plain Words pp 245, 246–7
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–10
M
may

usage—consider alternatives before using
try—can / no change
extra information
1 May should be used if a power, permission, benefit or privilege given to
someone may, but need not, be exercised—the exercise is discretionary.
2 May should not be used in cases where the ability to do something is being
emphasised (see can).
see also—as the case may be/requires; as the case may require
further reading
Cambridge Style Guide pp 107–8
Cutts p 33 (can)
Garner’s Dictionary pp 128 (can; may), 552–3, 942 (words of authority)
meaningful

usage—consider alternatives before using
try—reasonable / significant / important / useful / worthwhile / omitting /
recasting (using more precise words) / no change
extra information
1 vogue, weasel word
2 overused omnibus word (see kind for extra information)
example of change
We are making many meaningful changes useful improvements to our file
management.
further reading
Cambridge Style Guide p 471
Garner’s Dictionary pp 553, 919 (vogue words), 926 (weasel words)
Garner’s Legal Style pp 32, 33, 125–6, 205
Gowers’ Plain Words p 183
Strunk and White p 53
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–11
M
means
[as a noun]

usage—consider alternatives before using
try—way / form / type / financial resources / income / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
see also—by means of
example of no change
The machine must be built to transmit energy by mechanical means only.
examples of change
1 another means kind of communication
2 by any means in any way
means and includes

usage—never use
try—means
extra information
1 doublet
2 Use means if that is what you mean.
3 The expression means and includes should not be used because complete and
incomplete meanings cannot be stipulated at the same time.
4 However, the first clause of a definition may be introduced by means and a later
clause may begin with includes. A construction of this kind is, for example,
appropriate if the later clause is intended to remove a doubt arising from the
meaning given by the first clause. The includes clause should not, however,
contradict the substance of the means clause.
further reading
Dick p 152
Garner’s Dictionary p 258 (Definitions C.)
Piesse pp 46–7
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–12
M
measure
[as a noun]

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
1 Words like measure are vague and abstract, and can be useful on occasion.
However, they are often overused. Therefore, consider if use is necessary.
2 Prefer available words that are more direct and specific if appropriate.
examples of change
1 a tight measure of control
2 an increasing measure of more independence
further reading
Gowers’ Plain Words p 189
medical practitioner

usage—consider alternatives before using
try—doctor / no change
extra information
1 formal phrase
2 See LA, dict, pt 1 def doctor and medical practitioner.
further reading
Cwlth OPC Plain English p 42
meets the requirements of

usage—avoid using if possible.
try—complies with / satisfies / fulfils / recasting
extra information
verbosity
example of change
If a vehicle meets all the requirements of complies with the vehicle standards, it is
generally suitable for road use.
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–13
M
meet with / meet up with

usage—consider alternatives before using
try—meet / no change
extra information
1 phrasal verb
2 Meet with is appropriate where what is met is an abstraction, eg opposition or
disaster. Meet with is also appropriate when meet is used in the sense of
experiencing or being subject to something (usually an abstraction) or in the
sense of having or receiving a particular reaction to something, eg approval or
disapproval.
3 In other contexts, meet with is not regarded as appropriate in Australian (or
British) English, although it is common in American English.
4 However, it has been suggested (by, eg Hudson) that there is a useful distinction
between meet and meet with. Meet implies a brief (perhaps unplanned) meeting;
with perhaps just an exchange of greetings. This kind of meeting could take
place in the street. Meet with implies a longer, more formal meeting; with an
exchange of news and views. This kind of meeting would normally take place in
an office. This suggestion does not yet have widespread support in Australia.
5 Prefer meet if appropriate.
6 Never use meet up with.
see also—consult with; miss out on; visit with
examples of no change
1 Her views met with opposition.
2 The expedition met with disaster.
3 He met force with sweet reason.
4 The announcement was met with widespread protests.
5 She met disaster with courage.
6 We hope you meet with good fortune.
7 I am sorry if it doesn’t meet with your approval.
examples of change
1 Tarzan meets with Jane.
2 I will meet with you at the train station.
3 I met with her after the concert.
4 I will meet up with you soon. [or I will see you soon.]
further reading
Cambridge Style Guide pp 473–4 (meet (up) (with)), 583 (phrasal verbs)
Fowler’s English Usage pp 594–5 (phrasal verbs)
Gowers’ Plain Words p 184 (meet with)
Howard’s Guide p 263 (meet with and meet up with)
Howard’s Handbook p 249 (meet with/meet up with)
Hudson pp 17-8 (agree), 250 (meet (with))
Longman English Usage pp 441-2 (meet)
New Oxford Dictionary p1151 (meet)
Working Words p 340 (meet with)
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–14
M
men
see—man/men; ...man/men
mens rea

usage—avoid using if possible
try—state of mind /mental element / recasting (using means to / intends to)
extra information
1 foreign phrase
2 Technical term in criminal law to describe the state of mind required to
constitute an offence: the mental element of the offence.
3 If it is necessary to use the term, include a note explaining what it means.
further reading
Butterworths Legal Dictionary p 740
Garner’s Dictionary p 556
mention

usage—consider alternatives before using
try—state / set out / no change
extra information
See state for a discussion of the use of mention, set out and state.
see also—abovementioned/abovelisted/abovequoted; aforementioned;
belowmentioned/belowlisted/ belowquoted; firstmentioned / first-mentioned / first
mentioned; lastmentioned / last-mentioned / last mentioned; undermentioned
mercifully / merciful

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 Mercifully can be a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Mercifully and merciful are value-loaded words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
Longman English Usage pp 443, 640-1 (sentence adverbs)
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–15
M
mere

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
1 Mere can be used as a depreciative, dogmatic word.
2 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Legal Style p 36
method by which

usage—consider alternatives before using
try—way in which / system for which / no change
methodology

usage—consider alternatives before using
try—way / method / no change
extra information
1 Methodology means a body of methods or an analysis of procedures.
2 Sometimes used as a formal word for way or method.
3 Prefer way or method if appropriate.
further reading
Cutts p 36
Gowers’ Plain Words p 246
might
see—it might be said that
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–16
M
minimum
[also minimal / minimise]

usage—consider alternatives before using
try—recasting (using, eg least / lightest / smallest / thinnest / youngest) / no change
extra information
1 Prefer a more specific alternative if appropriate.
2 If possible, avoid using minimal or minimise.
further reading
Gowers’ Plain Words pp 245, 246–7
minor

usage—consider alternatives before using
try—child / recasting (using a defined term, eg young person) / no change
extra information
1 formal word
2 Prefer child or recasting.
further reading
Mellinkoff’s Dictionary pp 73–5 (child/infant/minor)
minority
[in voting]

usage—consider alternatives before using
try—recasting / no change
extra information
1 It has been suggested that minority (and majority) should be used to refer only to
people or things that can be counted, and not to a single thing or uncountable
nouns, eg tolerance.
2 Minority when used for voting numbers can be ambiguous. It can mean either
the shortfall between the votes for and against or the smaller set of votes.
3 Minority may be treated as singular or plural according to whether the people or
things mentioned are being considered as a group or individually.
example of change
The motion was lost by a minority of 4 by a vote of 50 to 4 [or with only 4 voting
for it].
further reading
Cambridge Style Guide pp 461 (majority), 496 (minority)
Fowler’s English Usage pp 476–7 (majority), 496 (minority)
Gowers’ Plain Words pp 133, 243
Right Words p 243
Working Words p 324
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–17
M
minus

usage—consider alternatives before using
try—less / without / negative / recasting / no change
extra information
1 can be a colloquialism as an alternative to without
2 Prefer an alternative if appropriate.
example of change
minus less any administrative costs
further reading
Cambridge Style Guide p 487
miss out on

usage—never use
try—miss
extra information
1 phrasal verb
2 Use the simple verb.
see also—consult with; meet with/meet up with; visit with
further reading
Cambridge Style Guide p 583 (phrasal verbs)
Fowler’s English Usage pp 594–5 (phrasal verbs)
modify

usage—consider alternatives before using
try—change / alter / adapt / amend / no change
extra information
Prefer a less formal alternative if appropriate.
example of no change
If a proposed modification of a motor vehicle would change its class, …
examples of change
1 A business plan may be modified changed by the corporation.
2 The provision applies with the modifications changes necessary …
modus operandi

usage—never use
try—way of operating / way of proceeding / way of working / method
extra information
foreign phrase
further reading
Cambridge Style Guide p 491
Cutts p 39
Working Words p 348 (modus operandi/modus vivendi)
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–18
M
moment of time
see—at this time/point of time/moment of time
money

usage—consider alternatives before using
try—amount / no change
extra information
Except in expressing the idea of an identifiable (but not necessarily quantifiable)
quantity of money, prefer amount.
example of no change
any money in a video machine
example of change
Money Amounts received from the sale of liquor must be banked and paid to the
council monthly.
moneys / monies

usage—avoid using if possible
try—money / amounts
extra information
1 In ordinary usage, money is a mass noun (see fewer) with a collective sense and
should not be pluralised.
2 To express the idea of individual quantities of money, use amounts rather than
moneys.
3 Monies is an illogical and misconceived plural. It should never be used.
examples of change
1 All the moneys money received at the fete was used to offset the costs.
2 All moneys amounts must be accounted for.
further reading
Cambridge Style Guide p 492 (supporting use of moneys as pluralised count noun)
Cutts p 29 (monies)
Garner’s Dictionary p 571 (monies)
Longman English Usage p 454
Macquarie Dictionary p 1387 (supports either spelling)
Oxford English Usage p 58
Partridge p 196
Working Words p 349 (supports either spelling)
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–19
M
monitor
[as a verb]

usage—consider alternatives before using
try—check / supervise / oversee / no change
extra information
Prefer the simplest appropriate word.
month
see—calendar month
moreover

usage—consider alternatives before using
try—omitting / and / also / in addition / too / again / further / besides / no
change
extra information
formal word
further reading
Gowers’ Plain Words p 247
Longman English Usage p 457
more than

usage—consider alternatives before using
try—exceeds / over / greater than / heavier than / larger than / longer than /
older than / higher than / recasting (using at least) / no change
extra information
Generally, prefer over, at least, or a more specific alternative, eg older than, to
other alternatives.
see also—not more than; more than 1
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–20
M
more than 1

usage—consider alternatives before using
try—recasting (using 2 or more) / no change
extra information
1 legalese
2 Prefer recasting if appropriate.
examples of change
1 if there is more than 1 transferee are 2 or more transferees, …
2 This Act does not prevent more than 1 2 or more infringement notices being
served on a person for an offence.
morning
[for time]

usage—never use
try—am
extra information
Use am/pm, without full stops, for times.
see also—12 am
example of change
6 o’clock in the morning 6 am
further reading
Partridge p 17 (a.m.)
motion
see—of its own motion
motivation

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
Motivation can be a vague word.
further reading
Garner’s Legal Style p 32
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–21
M
much as
see—in as much as; in so much as; not so much as
must

usage—consider alternatives before using
try—should / will / necessary / is to / may / recasting (using eg may…only
if) / no change
extra information
1 Use must if a duty is to be imposed.
2 There is no rule preventing must being used in relation to the Executive,
Ministers or the Courts.
3 Must is sometimes used unnecessarily in declarative expressions, in an attempt
to capture a sense of authority and obligation. In such cases, the present tense is
often more appropriate.
examples of change
1 A person must be a resident to be eligible is eligible only if the person is a
resident.
2 An applicant must may use only an approved form. [or …must use an approved
form]
3 An applicant must not may bid unless only if …
further reading
Garner’s Dictionary pp 577–8, 939–43 (words of authority)
NZ Legislation Manual p 43
must inevitably / necessarily

usage—never use
try—must
extra information
redundancy
further reading
Gowers’ Plain Words p 54
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–22
M
mutatis mutandis

usage—never use
try—with the necessary changes / with the appropriate changes
extra information
foreign phrase
further reading
Cambridge Style Guide p 499
Cutts p 39
mutual

usage—consider alternatives before using
try—common / reciprocal / no change
extra information
For the use of common and mutual, see common.
mutually agree

usage—never use
try—agree
extra information
tautology
example of change
If the parties mutually agree to extend the time, …
myself

usage—consider alternatives before using
try—I / me / no change
extra information
Myself should be used only for emphasis (eg ‘I saw it myself’) or as the reflexive
form of the personal pronoun (eg ‘I have hurt myself’). Do not use myself as a rather
self-conscious replacement for I or me.
example of change
The drafting will be done by Ms X and myself me.
further reading
Cambridge Style Guide pp 470–1 (me), 500 (myself), 679–80 (self)
Garner’s Legal Style pp 44–5, 127–8
Gowers’ Plain Words p 116
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–23
M
my sense is that

usage—never use
try—I consider / I think / omitting / recasting / no change
extra information
timid phrase
see also—it seems
further reading
Garner’s Legal Style p 57
Words and Phrases: A Guide to Plain Legal Language
October 2006
M–24
N
name
see—by the name of; Christian name; first name; forename; under that name
namely

usage—never use
try—omitting / recasting
extra information
redundancy
example of change
The following information must be included in the application, namely:
natural person

usage—avoid using if possible
try—individual / person / human being
extra information
1 legalese
2 See LA, dict, pt 1, defs individual and person
example of change
A natural person An individual or corporation may apply for a licence.
further reading
Garner’s Dictionary p 582
nature

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 Words like nature are vague and abstract, and can be useful on occasion.
However, they are often overused. Therefore, consider if use is necessary.
2 Prefer an alternative if appropriate.
see also—in the nature of
examples of change
1 improvements of a useful nature useful improvements
2 of a careful nature careful
further reading
Garner’s Legal Style p 128
Gowers’ Plain Words p 189
Strunk and White p 53
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–1
N
necessarily
usage—consider alternatives before using
try—omitting / no change
extra information
1 dogmatic word
2 Only use necessarily if there is an element of necessity.
see also—must inevitably/necessarily
further reading
Gowers’ Plain Words p 54
necessitate

usage—avoid using if possible
try—require / make necessary / oblige / need / force / cause / have to
extra information
formal word
see also—it may necessitate
further reading
Cutts p 29
Garner’s Dictionary pp 370 (formal words), 583
need
see—has/have need of
negative
see—in the negative
neighbourhood
see—in the neighbourhood of
neither
see—nor
nevertheless

usage—consider alternatives before using
try—however / even so / yet / no change
extra information
Prefer the simplest appropriate word.
further reading
Cutts p 29
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–2
N
next

usage—consider alternatives before using
try—recasting / no change
extra information
The meaning of next is sometimes unclear when used to mention a future day,
eg ‘next Saturday’. Usually it means the relevant day nearest in time. However,
many people draw a distinction between this and next, using this to mean the day,
eg Saturday, of the current week and next to mean the day, eg Saturday, of the
following week.
example of no change
The standards do not apply to a vehicle designed to be controlled by a person
walking next to it.
further reading
Cambridge Style Guide p 513
night
[for time]

usage—never use
try—pm / am
extra information
Use pm/am, without full stops, for time.
example of change
eleven o’clock at night 11 pm
further reading
Partridge p 17 (a.m.)
no
see—has/have no power to; no later than; no option but to; no question that/but
that; null and of no effect/legal effect; void and of no effect
no force or effect

usage—never use
try—no effect
extra information
doublet
further reading
Garner’s Dictionary p 366 (force and effect)
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–3
N
no later than

usage—consider alternatives before using
try—recasting (using by / before / within) / no change
extra information
1 Prefer before, within or by.
2 See LA, s 151 (Working out periods of time generally).
see also—not later than
example of change
no later than 30 June before 1 July
nonetheless

usage—avoid using if possible
try—however / even so / yet
extra information
Prefer the simplest appropriate alternative.
further reading
Cutts p 29
non-flammable
see—inflammable
no option but to

usage—avoid using if possible
try—must / recasting
extra information
verbosity
example of change
You have no option but to must refund my money.
further reading
Gowers’ Plain Words p 63
no question that / but that

usage—consider alternatives before using
try—recasting / no question of / no change
extra information
No question that can be ambiguous.
further reading
Gowers’ Plain Words p 256
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–4
N
nor

usage—consider alternatives before using
try—or / no change
extra information
1 Nor is used with neither and or with either.
2 If the initial negative is not or no, either nor or or may be used if the meaning of
the sentence is clear. However, nor is usually used if it is necessary to repeat the
negative, and or is usually used if it is not necessary to repeat the negative. It is
not usually necessary to repeat the negative because the original not or no
remains in force throughout the rest of the sentence and does not need
reinforcing with nor.
3 Neither … nor requires proper balancing of the sentence (see both … and).
example of change
She cannot read nor or write, or
She cannot can neither read nor write, or
She cannot read nor can she write.
further reading
Cambridge Style Guide pp 509 (neither with nor), 519 (nor or or)
Garner’s Legal Style pp 66, 128–9
Gowers’ Plain Words pp 102, 148–9
Right Words p 272
Strunk and White p 53
normalise

usage—consider alternatives before using
try—restore to normal / make normal / return to normal / no change
further reading
Gowers’ Plain Words p 247
northerly (direction) / northwardly / northward(s)
see—easterly (direction)/eastwardly/eastwards
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–5
N
not

usage—consider alternatives before using
try—recasting / no change
extra information
1 Not can give rise to ambiguity. Its position in a sentence affects the meaning of
the sentence and needs to be checked. For example, ‘All drafting is certainly not
easy’ can mean ‘All drafting is not easy’ or ‘Not all drafting is easy’ (see all …
not).
2 If possible, write in the positive and not in the negative.
see also—is not entitled to; is/are not to; not … because; not being; not exceeding;
not fewer than; not greater than; not later than; not less than; not more than; not
only … but also; not prepared to; not so much as; not un-/infurther reading
Cambridge Style Guide p 521
not … because

usage—consider alternatives before using
try—recasting / no change
extra information
Not followed by because sometimes leads to ambiguity. For example, ‘I did not
draft the instrument because of what you told me’ can mean ‘I refrained from
drafting the instrument because of what you told me’ or ‘It was not because of what
you told me that I drafted the instrument’.
further reading
Gowers’ Plain Words p 150
not being

usage—avoid using if possible
try—other than / except / recasting
extra information
Do not use not being or being to join relative clauses (see being).
example of no change
The vehicle was not being used …
examples of change
1 A person, not being other than …
2 The licence is not being properly improperly used.
further reading
NZ Legislation Manual p 41
not entitled to
see—is not entitled to
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–6
N
not exceeding

usage—consider alternatives before using
try—not greater than / not more than / at most / not over / up to / recasting
(using under / maximum / less than / lighter than / shorter than / smaller than /
younger than) / no change
extra information
Generally, prefer recasting if appropriate.
not fewer than

usage—consider alternatives before using
try—at least / recasting (using over / minimum / exceeds / greater than /
heavier than / larger than / longer than / more than / older than / taller than /
not less than) / no change
extra information
1 Generally, prefer at least or recasting.
2 For the use of fewer and less, see fewer.
not greater than

usage—consider alternatives before using
try—not exceeding / not more than / at most / not over / up to / recasting
(using under / maximum / less than / lighter than / shorter than / smaller than /
younger than) / no change
extra information
Generally, prefer recasting if appropriate.
nothing in this …

usage—consider alternatives before using
try—recasting / no change
extra information
indirect phrase
example of change
Nothing in this This section is taken to does not imply …
notice in writing

usage—never use
try—written notice / notice / recasting
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–7
N
notification

usage—never use
try—notice
extra information
formal phrase
example of change
1 On giving notification notice, …
2 If the person receives notification in writing written notice before...
notify

usage—consider alternatives before using
try—inform / instruct / mention / point out / say / specify / state / tell / no
change
extra information
formal word
example of no change
The scheme commences 2 months after it is notified.
example of change
The board must notify tell each applicant of what the decision is.
further reading
Gowers’ Plain Words p 248
not insee—not un-/in-
not later than

usage—consider alternatives before using
try—recasting (using before / within / by) / no change
extra information
1 Prefer before, within or by.
2 See on or before for further information.
see also—no later than
examples of change
1 The registrar must review each standard not later than within 7 years after its
approval.
2 Not later than Within 7 business days after …
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–8
N
not less than

usage—consider alternatives before using
try—at least / recasting (using over / minimum / exceeds / greater than /
heavier than / larger than / longer than / more than / older than / taller than) /
not fewer than / no change
extra information
1 Prefer at least or recasting.
2 For the use of fewer and less, see fewer.
example of change
Not less than At least 5 days after the publication of the notice, …
further reading
Cutts p 29
not more than

usage—consider alternatives before using
try—not exceeding / not greater than / at most / not over / up to / recasting
(using under / less than / maximum / lighter than / shorter than / smaller than / or
less / or fewer / younger than) / no change
extra information
Generally, prefer recasting if appropriate.
examples of change
1 The Minister may extend the period for not more than up to 2 months.
2 The standards do not apply to a vehicle with a motor of not more than 1kW
power output that has a maximum power output of up to 1kW.
further reading
Cutts p 29
not only … but also

usage—consider alternatives before using
try—recasting / no change
extra information
Not only … but also requires proper balancing of the sentence (see both … and).
further reading
Cambridge Style Guide p 521
Gowers’ Plain Words p 102
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–9
N
not prepared to

usage—consider alternatives before using
try—recasting (using more direct words, eg does not) / no change
extra information
1 verbosity
2 Prefer a more direct alternative if appropriate.
example of change
I am not prepared to approve your claim. Your claim has not been approved.
further reading
Gowers’ Plain Words p 62
not required to
see—is not required to
not so much … as

usage—consider alternatives before using
try—recasting / no change
extra information
Not so much … as requires proper balancing of the sentence (see both … and).
further reading
Gowers’ Plain Words p 102
not to
see—is not to
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–10
N
not un- / in-

usage—consider alternatives before using
try—recasting / no change
extra information
1 Because they are double negatives, not in- and not un- constructions (eg ‘not
incapable’ and ‘not unwelcome’) should always be used with care. Used
appropriately, the constructions can be very useful in avoiding bald assertions
and subtly underscoring the tentativeness of a statement. Instead of simply
negating the other word, not operates to modulate its force. For example, not
impossible means that something is possible, but difficult.
2 The construction is, however, overused. The construction can be ‘a timid, lilylivered, pussyfooting way of avoiding a simple and direct statement’ (Right
Words). The not un- disease is well illustrated by George Orwell’s famous
sentence: ‘A not unblack dog was chasing a not unsmall rabbit across a not
ungreen field.’.
further reading
Cambridge Style Guide pp 215–6 (double negatives), 521–2
Gowers’ Plain Words p 43
Right Words p 274
notwithstanding / notwithstanding the fact that / notwithstanding that

usage—never use
try—despite / although / even though / even if /subject to / however / but /
still / yet / recasting
extra information
1 archaism
2 If possible, avoid using despite [provision / instrument] or subject to [provision /
instrument] (see subject to).
further reading
Cutts pp 29, 31
Garner’s Dictionary pp 600–1, 601 (notwithstanding the fact that; notwithstanding that)
Garner’s Legal Style p 184 (notwithstanding the fact that)
Law Words 1995 pp 53–5
NZ Legislation Manual pp 43–4 (notwithstanding—subject to)
nought

usage—consider alternatives before using
try—0 / zero / no change
extra information
1 Except at the beginning of a sentence, express the number 0 as a figure and not
as a word.
2 If a word is necessary, prefer zero.
further reading
Cambridge Style Guide p 504
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–11
N
now
see—as of now
null and of no effect / legal effect
see—null and void
null and void

usage—never use
try—void / invalid / recasting (using of no (legal) effect)
extra information
doublet
example of change
This contract is null and void void.
further reading
Cutts p 36
Dick p 127
Garner’s Dictionary pp 293 (doublets, triplets and synonym-strings), 604, 919 (void; voidable)
Garner’s Legal Style p 129
Howard’s Guide p 2 (abet)
Law Words 1995 pp 56–8
number
see—a limited number of; an adequate number of; an excessive number of; the
greatest number of
numerous

usage—consider alternatives before using
try—many / no change
example of change
too numerous many to be counted
further reading
Fowler’s English Usage p 535
Garner’s Legal Style p 129
Words and Phrases: A Guide to Plain Legal Language
October 2006
N–12
O
object
see—with the object of
objective

usage—consider alternatives before using
try—aim / goal / purpose / object / end / no change
extra information
Objective is often used instead of object in the sense of purpose, aim or end.
However, used in this sense, there is no difference in meaning between the two
words, and object or another alternative should be preferred.
further reading
Fowler’s English Usage p 406
observe
[also observance / observation]

usage—consider alternatives before using
try—comply with / obey / see / notice / keep / retain /preserve / remark /
maintain / recasting / no change
extra information
1 Observe is incorrect when used as a substitute for keep, retain or preserve. For
these meanings, prefer an alternative.
2 Observance and observation are sometimes confused. Both nouns are formed
from observe, but have distinct meanings. Observance is the ‘observing’ (that is,
the attending to, carrying out or keeping) of a custom, duty, ritual or tradition.
Observation is ‘observing’ in the sense of watching and noticing. It also means a
comment, particularly a comment based on watching and noticing.
3 Observance is a formal word and should be used only for contexts implying a
reverence for custom, ritual or tradition (and duties arising out of them).
4 Observation should be used only for contexts implying watching and noticing,
including comments based on watching and noticing.
5 For other contexts, prefer a simpler alternative.
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–1
O
observe
[also observance / observation] [continued]
examples of no change
1 Strict religious observance was required at the school.
2 A parent of a child may make decisions about the child’s observance of racial,
ethnic, religious or cultural traditions.
3 Careful observation is vital, and observations must be recorded at once.
4 He was kept in hospital for overnight observation.
5 She made vital observation about the experiment.
6 the Sunday Observance Society
7 the observation balloon
example of change
1 A driver must observe obey the speed limit.
2 The plaintiff insisted that the contract be strictly observed complied with.
3 She made a petulant observation remark.
4 He kept making indiscreet observations comments in a loud voice.
further reading
Cambridge Style Guide p 534 (observance or observation)
Garner’s Dictionary p 611 (observance/observation)
Fowler’s English Usage pp 538-9 (observance, observation)
Partridge p 221 (observance and observation) and (observe)
Working Words p 373 (observance/observation)
obtain

usage—consider alternatives before using
try—get / receive / acquire / find out / no change
extra information
Obtain is a formal word for get.
example of change
I have tried to obtain the information find out what you wanted to know.
further reading
Cutts p 29
Garner’s Dictionary pp 88-9 (attain; obtain), 611
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–2
O
obviate

usage—avoid using if possible
try—avoid / prevent / forestall / remove (the need for) / eliminate (the need for) /
make obvious / remedy / recasting
extra information
1 formal word
2 To obviate something means to anticipate it and take effective action to dispose
of it in advance. It does not mean only to reduce or remove the need for
something.
3 Obviate is sometimes misunderstood as meaning to make obvious or remedy.
examples of change
1 Outside blinds obviated the need for curtains made curtains unnecessary.
2 If the building owner was aware of black ice on the footpath, it should have
taken reasonable steps to obviate eliminate the danger.
3 Airbags obviate reduce the risk of serious injury.
further reading
Bryson’s Troublesome Words p 144
Garner’s Dictionary p 611
Longman English Usage p 490
Macquarie Dictionary p 1489
New Oxford Dictionary p 1280
Working Words p 373
obviously / obvious

usage—consider alternatives before using
try—omitting / recasting (using ‘neutral’ words) / no change
extra information
1 Obviously can be a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Obviously and obvious are dogmatic words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Dictionary pp 161 (clearly), 926 (weasel words)
Garner’s Legal Style pp 36, 129
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–3
O
occasion
[as a noun]
see—on each occasion when
occasion
[as a verb]

usage—avoid using if possible
try—cause / leads to / results in
extra information
formal word
further reading
Garner’s Dictionary p 370 (formal words)
Hudson p 305 (ploddery)
occur

usage—consider alternatives before using
try—happen / omitting / no change
extra information
Prefer happen if appropriate.
see also—upon/on the occurrence/happening of; wherever occurring; whichever
first occurs/occurs first
examples of change
1 a change occurs happens
2 After the occurrence of any of the following events happens, …
further reading
Longman English Usage p 490
Working Words p 373
occurrence
see—upon/on the occurrence/happening of
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–4
O
oddly / odd

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 Oddly can be a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Oddly and odd are value-loaded words.
3 Prefer an alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
of course

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
padding
further reading
Gowers’ Plain Words pp 67–8
off

usage—consider alternatives before using
try—from / no change
extra information
Do not use off if you mean from.
example of no change
He took off his hat.
example of change
The child took the book off from the teacher.
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–5
O
off of

usage—never use
try—off
extra information
1 compound preposition
2 non-standard English
example of change
The bird flew off of the tree.
further reading
Fowler’s English Usage p 546
Garner’s Legal Style p 129
officio
see—ex officio
of its own motion

usage—avoid using if possible
try—on its own initiative
extra information
formal phrase
example of change
A court may, of its own motion on its own initiative, …
of limited use

usage—avoid using if possible
try—not very useful
extra information
pomposity
further reading
Gowers’ Plain Words p 241 (limited)
of whether / who / what / etc
see—question of whether/who/what/how/etc
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–6
O
older than

usage—consider alternatives before using
try—over / higher than / recasting (using at least) / no change
extra information
Prefer over or at least if appropriate.
example of change
A person who is older than over 18 years old may …
on
see—on or about; upon the expiration; upon the occurrence/happening of
on a … basis
see—basis
on account of

usage—avoid using if possible
try—because of / for
extra information
compound preposition
example of change
Sick leave means leave of absence on account of because of illness.
further reading
Fowler’s English Usage pp 15-6 (account)
Longman English Usage pp 10-1 (account)
on and after

usage—consider alternatives before using
try—recasting (eg after / inclusive / 6 months beginning on) / no change
extra information
1 Prefer recasting.
2 See on or before for more information.
3 See LA, s 151 (Working out periods of time generally).
example of change
on and after 1 July after 30 June
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–7
O
on and from

usage—avoid using if possible
try—on and after / recasting (eg after 6 months)
see also—as on and from
extra information
1 See on or before for more information.
2 See LA, s 151 (Working out periods of time generally).
on behalf of

usage—consider alternatives before using
try—for / by / no change
extra information
1 On behalf of has 2 current meanings in Australian (and British) English: 1 ‘in
the place of’ (someone) or ‘as the agent or representative’ (of someone) and 2
‘in the interest of or for the benefit of’ (someone else, a cause etc). In American
English in behalf of is sometimes used for the second meaning. In behalf of is
not an accepted Australian usage and should never be used.
2 For can often be substituted for on behalf of without loss of meaning. Prefer for
if appropriate.
3 On behalf of is sometimes confused for on the part of (which means by).
see also—for and/or on behalf of; on the part of
examples of no change
1 a claim on behalf of the deceased person’s dependants or estate
2 On behalf of the corporation, I would like to thank...
3 The application must be signed by or on behalf of the applicant.
4 The defendant’s solicitor undertook to enter an appearance on behalf of the
defendant.
examples of change
1 She is dealing with the matter on behalf of for her spouse.
2 He fought on behalf of for a just man’s reputation.
3 They accepted the prize on behalf of for the team.
4 She was committed to working on behalf of for the poor.
5 conduct engaged in on behalf of for a corporation by its representative
6 It was an 11th hour decision on his behalf by him.
7 The objects of this Act include ensuring that services provided by or on behalf
of for government foster...
further reading
Bryson’s Troublesome Words p 22 (behalf)
Fowler’s English Usage p 101 (behalf)
Howard’s Guide p 293 (on behalf of or on the part of)
Howard’s Handbook p 277 (on behalf of/on the part of)
Hudson p 49 (behalf)
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–8
O
on behalf of [continued]
Garner’s Dictionary p 102 (behalf)
Longman English Usage p 81 (behalf)
Macquarie Dictionary pp 190 (behalf), 825 (for)
Partridge p 46 (behalf of, in and on)
one

usage—consider alternatives before using
try—1 / same / recasting / no change
extra information
1 Except at the beginning of a sentence, express the number 1 as a figure and not
as a word.
2 The number 1 should not be confused with the word one used in a non-numeric
way (see examples 1 and 3 to 5, examples of no change).
3 The use of one is sometimes unnecessary (see example 4, examples of change).
examples of no change
1 The one that got away.
2 One year ago …
3 one another
4 anyone
5 no one
examples of change
1 Within one 1 year after …
2 more than one 1
3 imprisonment for one 1 year
4 The problem is not an easy one easy.
5 molluscs (whether or not of the one same species)
further reading
Gowers’ Plain English p 116 (unnecessary use of one)
on each occasion when

usage—avoid using if possible
try—whenever / when
extra information
1 compound preposition
2 verbosity
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–9
O
ongoing

usage—consider alternatives before using
try—continuing / in progress / no change
extra information
overused, vogue word
further reading
Garner’s Legal Style p 33
Gowers’ Plain Words p 248
on grounds that
see—on the grounds of/that
only

usage—consider alternatives before using
try—recasting / no change
extra information
1 Adverbs like only are sometimes awkwardly separated from the words they are
intended to qualify. They should be placed where it will be perfectly clear which
word or words they are intended to qualify and where natural usage requires
them to be placed. There are no strict rules about where only should be placed in
a sentence. However, it is usually best to place it directly before the words it
qualifies.
2 Misplacement of only can lead to ambiguity or worse.
see also—if, and only if/if, but only if; not only … but also
examples of change
1 A person may only surrender a licence only if …
2 The Minister may only be satisfied only after considering the following …
further reading
Cambridge Style Guide p 541
Garner’s Legal Style p 130
Gowers’ Plain Words pp 95–7
Right Words p 285
on or about

usage—consider alternatives before using
try—on / about / no change
extra information
If possible, find out what alternative applies and use it.
further reading
Garner’s Legal Style p 184
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–10
O
on or before

usage—consider alternatives before using
try—not later than / recasting (using before / not less than / at least / x months
ending on or at the end of / inclusive) / no change
extra information
1 Prefer an alternative.
2 See LA, s 151 (Working out periods of time generally).
example of change
on or before 30 June before 1 July
further reading
Cwlth OPC Plain English p 19 (period)
Pearce and Geddes pp 305-9
on the basis of

usage—avoid using if possible
try—by / from / because of / using / recasting
extra information
compound preposition
example of change
The amount of the fee is to be decided on the basis of using the schedule of fees
approved by the chief executive.
further reading
Gowers’ Plain Words p 56
on the cutting / leading edge

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 vague, vogue phrase
2 Prefer an alternative if appropriate.
further reading
Garner’s Legal Style p 33
on the expiration
see—upon/on the expiration
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–11
O
on the ground / grounds of / that

usage—avoid using if possible
try—because of
extra information
1 compound preposition
2 verbosity
further reading
Garner’s Legal Style p 184
Gowers’ Plain Words p 55
on the occurrence / happening of
see—upon/on the occurrence/happening of
on the part of

usage—never use
try—by / recasting (using, eg by) / among / for / omitting
extra information
1 compound preposition
2 leads to verbosity
example of change
1 It was an 11th hour decision on the part of by the plaintiff.
2 The equipment was damaged because of carelessness on the part of by the
technician [or because of the technician’s carelessness].
3 The defendant’s case was harmed by a lack of candour on the part of the
defendant the defendant’s lack of candour. [Note This sentence would be better
further recast (see lack).]
further reading
Fowler’s English Usage p 101 (behalf)
Garner’s Dictionary p 620
Garner’s Legal Style p 130
Gowers’ Plain Words p 55
Howard’s Guide p 293 (on behalf of or on the part of)
Howard’s Handbook p 277 (on behalf of/on the part of)
Hudson p 49 (behalf)
Longman English Usage p 81 (behalf)
Partridge p 46 (behalf of, in and on)
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–12
O
onward / onwards

usage—consider alternatives before using
try—onwards / onward / recasting / no change
extra information
1 Use onward as an adjective.
2 As an adverb, prefer onwards. However, for the increasing trend not to use an
‘s’ in words ending in ward(s), see forward/forwards.
examples of no change
1 The caravan resumed its onward journey.
2 Onward Christian soldiers.
3 We must move onwards [or on].
4 From the end of her schooling onwards....
further reading
Fowler’s English Usage p 554
Howard’s Guide p 296
Howard’s Handbook p 279
Longman English Usage p 497
Macquarie Dictionary p 279
on which

usage—consider alternatives before using
try—when / no change
extra information
Prefer when if appropriate
examples of change
1 the day on which when the licence is due for renewal
2 the day on which when the application was received by the board
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–13
O
operational
[also operationally]

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 vague word
2 Prefer an alternative if appropriate.
further reading
Garner’s Legal Style p 33
opinion

usage—consider alternatives before using
try—recasting (using eg consider or think) / no change
extra information
Opinion is a word that can give rise to verbosity.
examples of no change
1 an opinion given by the office
2 In my opinion, this is a clear case of trespass.
examples of change
1 In my opinion I consider that …
2 I am of the opinion think that …
further reading
Gowers’ Plain Words pp 63, 248
optimistic
[also optimism]

usage—consider alternatives before using
try—confident / hopeful / no change
extra information
Optimistic means the habit of mind of being disposed in all circumstances to hope
for the best.
further reading
Gowers’ Plain Words p 248
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–14
O
optimum
[also optimal / optimise]

usage—consider alternatives before using
try—recasting (using eg best / biggest / fastest) / no change
extra information
Optimum means strictly the product of conflicting forces. For example, the
optimum speed of a car is not the fastest speed of which it is capable, but the speed
that reconciles the conflicting desires of its owner for, for example, speed and
economy.
further reading
Gowers’ Plain Words pp 245, 248–9
option
see—has/have the option of; no option but to
or

usage—consider alternatives before using
try—either … or … but not both / nor / recasting / no change
extra information
1 Or should be used only in a disjunctive sense (ie to express alternatives).
2 However, or has been judicially interpreted in a conjunctive sense. This is in
accordance with normal usage. If necessary, the disjunctive sense of or can be
made more certain by recasting or using either … or … but not both.
3 Or should be used to join units (eg clauses) of the same type and not, for
example, to join unequal phrases.
4 For the use of or which, see and.
see also—and/or; either … or
example of change
Buyers who are either wholesaler or retailer, but not both.
further reading
Gowers’ Plain Words pp 98–100
NZ Legislation Manual p 41
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–15
O
oral
[also orally]

usage—consider alternatives before using
try—verbal / spoken / unwritten / no change
extra information
Oral and verbal are frequently confused. Oral has to do with the mouth; verbal has
to do with words. What is spoken is oral. What is expressed in words, whether
written or spoken is verbal. Although this distinction is not always observed in
practice, maintaining the distinction helps to avoid ambiguity.
examples of no change
1 oral agreement [an agreement expressed by word of mouth, not in writing]
2 verbal misunderstanding [a misunderstanding about words rather than
substance]
example of change
verbal oral promise
further reading
Cambridge Style Guide p 789 (verbal)
Fowler’s English Usage pp 820–1 (verbal)
Garner’s Dictionary pp 813 (slipshod extension), 910–11 (verbal), 911 (verbal contract)
Garner’s Legal Style p 144
Gowers’ Plain Words p 249
Working Words p 380 (oral/verbal)
or authority
see—power and/or authority
or both

usage—consider alternatives before using
try—omitting / no change
extra information
Because or generally includes and, it is not usually necessary to use or both.
examples of no change
1 The officer may exercise the power under either provision or both provisions.
2 The person may recover damages from the owner or driver of the vehicle (or
both).
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–16
O
order
see—make an order; in order that/to
or less

usage—avoid using if possible
try—not exceeding / not greater than / not more than / at most / not over /
up to / recasting (using under / less than / maximum / lighter than / shorter than /
smaller than / younger than)
extra information
Generally, prefer recasting if appropriate.
example of no change
a maximum capacity of 500L or less
or otherwise

usage—consider alternatives before using
try—or / omitting / recasting (substituting the appropriate noun or verb) / no
change
extra information
Although usage appears to be changing, otherwise has traditionally been regarded
as an adverb, to be used only in parallel with other adverbs (see examples of no
change). Because there is little to be gained by using otherwise in any other way,
this view should be preferred.
examples of no change
1 They will finish the task successfully or otherwise.
2 the motion has been withdrawn or otherwise disposed of
examples of change
1 The case turned on the validity or otherwise of the instrument [or The case
turned on whether the instrument was valid.]
2 They may have succeeded or otherwise failed.
3 The instrument needs to be drafted by tomorrow or otherwise we will miss the
client’s deadline.
4 They need to know whether their instrument has been registered or otherwise.
further reading
Cambridge Style Guide p 550
Fowler’s English Usage pp 559–60 (otherwise)
Gowers’ Plain Words pp 249–50
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–17
O
other
see—any other
otherwise
see—except as/where otherwise provided/indicated; or otherwise; otherwise than
otherwise than

usage—avoid using if possible
try—other than / apart from / however / but / except / excluding / recasting
(using eg only)
extra information
1 Prefer an alternative.
2 Other has traditionally been regarded as an adjective and its use as an adverb
instead of otherwise has been strongly criticised. However, current usage seems
to accept that other than can be used as an adverb. If practicable, the problem
should be avoided by preferring an alternative.
examples of change
1 A proceeding may not only be started in a court otherwise than under this part.
2 An If an application is not made otherwise than in person …
3 a boat used otherwise other than in accordance with …
further reading
Cambridge Style Guide p 550 (other than and otherwise)
Fowler’s English Usage p 559 (other)
Gowers’ Plain Words pp 249–50 (otherwise)
outside of

usage—consider alternatives before using
try—outside / no change
extra information
1 compound preposition
2 can be non-standard English
example of no change
The outside of the house needed painting.
example of change
The newspaper did not circulate outside of the State. [or The newspaper circulated
only in the State.]
further reading
Fowler’s English Usage p 562
Garner’s Dictionary p 629
Garner’s Legal Style p 131
Oxford English Usage p 154
Right Words p 290 (outside of/inside of)
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–18
O
outward / outwards

usage—consider alternatives before using
try—outwards / outward / recasting / no change
extra information
1 Use outward as an adjective and as an adverb to mean away from a port.
2 In other contexts, prefer outwards as an adverb. However, for the increasing
trend not to use an ‘s’ in words ending in ward(s), see forward/forwards.
examples of no change
1 He fell sick on the outward journey.
2 The liner took on its passengers and headed outward [or out to sea].
3 Her outward composure hid her nervousness.
4 They journeyed outwards.
further reading
Howard’s Guide p 299
Howard’s Handbook p 284
Macquarie Dictionary p 1531
Working Words p 383
over
see—above
overall

usage—consider alternatives before using
try—omitting / altogether / average / in all / on balance / total / recasting (using
more precise words) / no change
extra information
vague word
example of no change
The overall area of the house, including the verandahs and carport, is 250m3
examples of change
1 The overall increase in homes with access to the internet is staggering.
2 The overall total output last month was 550 units.
further reading
Garner’s Legal Style p 33
Gowers’ Plain Words pp 17, 33, 56, 250–1
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–19
O
overlay

usage—consider alternatives before using
try—overlie / no change
extra information
Overlay and overlie are sometimes confused. Overlay means to put over something
else especially by coating or otherwise affixing a layer or surface to it. Overlie
means lying or situated over.
examples of no change
1 The earlier painting was overlaid with a more recent painting.
2 I could see the seam of gold overlaying the stratum of hard rock.
see also—underlay
further reading
Cambridge Style Guide pp 552–3
Fowler’s English Usage pp 563–4
Gowers’ Plain English p 240 (lay, lie)
Longman English Usage p 508
Partridge p 235
overlook

usage—consider alternatives before using
try—neglect / disregard / ignore / supervise / monitor / oversee / no change
extra information
Overlook has 2 different meanings. It can mean ‘fail to notice’ or ‘fail to take into
account’. It can also mean ‘look over’ or ‘oversee’. If its use is ambiguous in the
particular context, prefer an alternative.
further reading
Cambridge Style Guide p 553
Fowler’s English Usage p 564
Gowers’ Plain Words p 251
Longman English Usage 503
Partridge p 235
Right Words p 290
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–20
O
oversee

usage—consider alternatives before using
try—supervise / monitor / direct / manage / check / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Cambridge Style Guide p 553
Fowler’s English Usage p 564
Right Words p 290
oversight
[as a verb]

usage—consider alternatives before using
try—supervise / monitor / direct / manage / check / no change
extra information
1 Oversight has a long history as a noun whose meaning corresponds to the first
meaning of overlook, that is, fail to notice or take into account. However, it has
recently been used as a verb with a meaning like the second meaning of
overlook, that is, oversee. This extended use is confusing and has been
criticised.
2 formal word
3 Prefer an alternative if appropriate.
further reading
Cambridge Style Guide pp 290 (formal words), 553
Fowler’s English Usage p 564 (overlook, oversee)
Longman English Usage p 508
Right Words p 290
owing...due
see—due
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–21
O
owing to the fact that

usage—never use
try—because of
extra information
verbosity
see also—the fact that
own motion
see—of its own motion
Words and Phrases: A Guide to Plain Legal Language
October 2006
O–22
P
panacea

usage—consider alternatives before using
try—remedy / no change
extra information
A panacea is a cure-all, not just any remedy.
further reading
Cambridge Style Guide pp 557–8 (panacea)
Garners’ Legal Style p 131
Right Words p 292
paradigm

usage—consider alternatives before using
try—model / exemplar / example / no change
extra information
formal word
further reading
Cambridge Style Guide pp 559–60
Right Words p 293
paradoxically / paradoxical

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 Paradoxically is a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Paradoxically and paradoxical are value-loaded words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
Working Words p 390 (paradox)
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–1
P
parameter

usage—consider alternatives before using
try—boundary / limit / border / framework / condition / criterion / ground /
consideration / variable / edge / guideline / element / recasting (using more
precise words) / no change
extra information
1 vague, vogue word
2 Use parameter with care. Avoid using parameter as an omnibus word. See kind
for extra information.
3 Prefer a more precise alternative if appropriate.
4 Parameter is sometimes confused with perimeter or boundary.
further reading
Garner’s Dictionary pp 637, 919 (vogue words)
Garner’s Legal Style pp 33, 131, 205
Gowers’ Plain Words p 251
pares
see—primus inter pares
parol

usage—consider alternatives before using
try—oral / unwritten / word of mouth / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 For the use of oral and verbal, see oral.
further reading
Garner’s Dictionary p 639
part
see—on the part of
partial

usage—consider alternatives before using
try—recasting (using eg biased / prejudiced / unfair / incomplete) / no change
extra information
Partial can mean exhibiting favouritism or bias. Avoid potential ambiguity by
recasting using, for example, biased, prejudiced, unfair or incomplete, depending
on what is meant.
see also—partially
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–2
P
partially

usage—consider alternatives before using
try—partly / recasting (using eg biased / prejudiced / unfair / incomplete) / no
change
extra information
1 Partially and partly are synonyms in most contexts.
2 It has been suggested that partly implies that only some parts of the whole are
concerned, and partially implies that it is a question of degree over the whole.
On this basis, a partly finished draft is a draft only parts of which have been
finished, and a partially finished draft is a draft whose parts have all been
finished in some degree but which needs further work. The distinction is a fine
one and, in most contexts, is of little practical significance.
3 However, partially is stylistically more formal, and grammatically less flexible
than partly. Therefore, prefer partly if appropriate.
4 Note also that partially can mean in a way exhibiting favouritism or bias. Avoid
potential ambiguity by recasting using, for example, biased, prejudiced, unfair
or incomplete, depending on what is meant.
see also—partial
example of change
The apple was partially partly bruised.
further reading
Cambridge Style Guide p 566
Fowler’s English Usage pp 573–4
Garner’s Dictionary p 640
Garner’s Legal Style pp 131–2
Longman English Usage p 516 (partial)
Oxford English Usage p 155
Partridge p 239
Right Words p 296
Strunk and White p 55
Working Words p 392
participate
[also participation]

usage—consider alternatives before using
try—take part / share / no change
extra information
1 vague word
2 formal word
3 Prefer an alternative if appropriate.
example of no change
to provide for community participation in local government
example of change
A member who participates takes part in a meeting …
further reading
Gowers’ Plain Words pp 239, 252
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–3
P
particular

usage—consider alternatives before using
try—omitting / respect / detail / fact / information / example / no change
extra information
Particular is occasionally used unnecessarily in writing, especially for emphasis.
see also—in a particular respect; in a material particular (see material)
examples of no change
1 (1) The operator must not change the nature of the service without the chief
executive’s written approval.
(2) In particular, the operator must not increase the number of the service’s
child care places without the chief executive’s written approval.
2 Subsection (1) does not apply of the statement is not false or misleading in a
material particular.
examples of change
1 and, in particular for example
2 has become correct in an essential particular respect
3 This particular section deals with …
further reading
Cutts pp 29, 31 (particulars)
Gowers’ Plain Words pp 54 (particular), 97 (in particular)
Hudson p 305 (ploddery)
partly
see—partially
pass away

usage—avoid using if possible
try—die / recasting (using death)
extra information
euphemism
further reading
Garner’s Legal Style p 34
payable …. due
see—due
payment
see—make payment
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–4
P
pay, satisfy and discharge

usage—never use
try—satisfy / discharge / comply with
extra information
triplet
further reading
Garner’s Legal Style p 188
peaceable
see—peaceful
peaceful

usage—consider alternatives before using
try—peaceable / no change
extra information
1 Peaceable applies to a person or group of people who are disposed to keep good
relations with others. It can also be applied to human character or intentions.
2 Peaceful applies to non-human subjects. It refers to situations, periods or
general activities that are calm and free of disturbance and conflict.
further reading
Cambridge Style Guide p 572
pecuniary

usage—avoid using if possible
try—financial / monetary
extra information
formal word
example of change
direct or indirect pecuniary financial interest
pending

usage—consider alternatives before using
try—recasting (using, eg until) / no change
extra information
starchy word
example of change
Completion of the project was delayed pending the recruiting of more staff until
more staff were recruited.
further reading
Gowers’ Plain Words p 252
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–5
P
people
see—persons
per

usage—consider alternatives before using
try—through / by / for each / a / for / no change
extra information
foreign phrase, but absorbed into English
see also—as per; per annum; per capita; per cent/percent/per centum; per
day/month/year; per diem; per procurationem/per proc./per pro./p.p.; per se; per
stirpes
examples of no change
1 $50 per 100
2 $20 a day per person
3 100km/h
4 100 kilometres per hour
examples of change
1 1 bottle per for each person
2 $100 per for 10 tickets
further reading
Cambridge Style Guide p 572
Cutts pp 32-3
Cwlth Style Manual pp 202, 205
Fowler’s English Usage pp 583-4
Garner’s Dictionary p 649
Howard’s Guide p 308
Howard’s Handbook p 291
per annum

usage—never use
try—a year / by the year / for each year / per year / annually
extra information
foreign phrase
example of change
$500 per annum a year
further reading
Cambridge Style Guide p 572
Cutts p 39
Garner’s Dictionary p 649
Gowers’ Plain Words pp 16, 252
Howard’s Guide p 308 (per)
Howard’s Handbook pp 41 (a year/per annum), 291
Right Words p 299
Working Words p 396
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–6
P
per capita

usage—avoid using if possible
try—a head / for each person / per head / per person / each / recasting (adding an
explanation of the phrase)
extra information
1 foreign phrase
2 Also a technical legal term in succession law relating to the distribution of the
estate (or a part of the estate) of a deceased person. A distribution per capita
means that the class of distributees take an equal share in the estate in their own
right. A distribution per stirpes is the opposite of a per capita distribution (see
per stirpes). If it is necessary to use the term, include a note (or provision)
explaining what it means.
further reading
Black’s Law Dictionary p 1171
Cambridge Style Guide p 572
Cutts p 39
Fowler’s English Usage p 584
Garner’s Dictionary p 649
Gowers’ Plain Words p 252
Howard’s Guide p 308 (per)
Howard’s Handbook p 291 (per)
Mellinkoff’s Dictionary pp 474–5
Right Words p 299 (per)
per cent / percent / per centum

usage—never use
try—%
example of change
9 per cent %
further reading
Cambridge Style Guide p 573
Cwlth Style Manual pp 186, 188
Fowler’s English Usage p 584
Garner’s Dictionary pp 649–50
Howard’s Guide pp 308-9 (per and per cent or percentage)
Howard’s Handbook pp 291 (per), 292 (per cent/percentage)
Right Words p 299 (per)
Working Words pp 396-7 (per cent / percentage)
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–7
P
percentage

usage—consider alternatives before using
try—some / few / many / most / recasting (by, eg including a figure or adding an
adjective such as high, low, large or small) / no change
extra information
1 A percentage is the proportion of a number to 100.
2 Percentage should be used only to express the relationship between a number
and another number, not to express an absolute number.
3 Do not use percentage when you mean some, few, many or most. Percentage
should be used only if it is possible to express the size of a relationship either by
a number, or by a useful description, eg ‘a high percentage’.
4 A percentage does not mean a small part. ‘A part is always less than the whole,
but a percentage may be the whole or more than the whole.’ (Fowler)
example of change
A high percentage of Most drafters went to the training session.
further reading
Cambridge Style Guide pp 573–4
Fowler’s English Usage pp 584-5
Gowers’ Plain Words pp 252–3
Howard’s Guide pp 308-9 (per cent or percentage)
Howard’s Handbook p 292 (per cent/percentage)
Right Words p 299 (per)
Working Words pp 396-7
perceptible

usage—consider alternatives before using
try—perceptive / no change
extra information
1 formal word
2 Perceptive means showing fine perception. It implies the exercise of intelligence
and critical judgment, not just powers of observation.
3 Perceptible means able to be perceived (or observed).
4 Prefer a simpler alternative if appropriate.
further reading
Cambridge Style Guide p 574
perceptive
see—perceptible
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–8
P
per day / month / year

usage—consider alternatives before using
try—a [day/month/year] / for each [day/month/year] / no change
extra information
1 legalese
2 Prefer an alternative if appropriate.
further reading
Cutts p 39 (per annum)
Fowler’s English Usage pp 583-4 (per)
Garner’s Dictionary p 649 (per)
Gowers’ Plain Words pp 16, 252
Howard’s Guide p 308 (per)
Howard’s Handbook p 291 (per)
per diem

usage—never use
try—a day / by the day / for each day / per day / daily
extra information
foreign phrase
further reading
Cambridge Style Guide p 572
Cutts p 39
Garner’s Dictionary p 650
Gowers’ Plain Words pp 16, 252
Working Words p 397
perform

usage—consider alternatives before using
try—carry out / make / conduct / do / recasting (using more specific words) / no
change
extra information
Prefer the most specific, available word. However, prefer carry out to perform if
appropriate.
example of no change
The report must include performance indicators.
example of change
In performing carrying out the functions …
further reading
Gowers’ Plain Words p 253
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–9
P
perform and discharge

usage—never use
try—perform / discharge / recasting
extra information
doublet
further reading
Gowers’ Plain Words p 61
period
[of time]

usage—consider alternatives before using
try—omitting / term / time / day / date / recasting / no change
extra information
1 Use of period leads to verbosity. Period of is unnecessary when the period itself
is mentioned, eg ‘a period of 20 years’ means no more than ‘20 years’.
2 Do not use period of time.
3 A period is a length of time, not an instant in time. If you want to describe when
something happened or is to happen, use day or date rather than period.
examples of no change
1 if the offence took place over a period
2 the period of registration
3 allowing the claimant a reasonable period
examples of change
1 within the period of 1 year beginning on 1 July 2007
2 A member is to be appointed for a period term of not longer than 2 years.
3 For a period of Within 2 weeks before …
4 A person who has not been a grower for a period of at least 3 years …
5 in the period of within 28 days before the commencing day
6 a short period of time
further reading
Cwlth OPC Plain English p 19
Garner’s Legal Style p 184
Gowers’ Plain Words p 253
permanent layoff

usage—avoid using if possible
try—dismissal / termination (of employment)
extra information
euphemism
further reading
Garner’s Legal Style p 35
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–10
P
permissible
see—permissive
permissive

usage—consider alternatives before using
try—permissible / no change
extra information
1 Permissive means a hands-off approach, tending to permit anything.
2 Permissible implies limits on what is permitted.
further reading
Cambridge Style Guide p 575
permit
[as a verb]

usage—consider alternatives before using
try—let / allow / recasting (using may) / no change
see also—where the context permits
per month
see—per day/month/year
perpetrate
see—perpetuate
perpetuate

usage—consider alternatives before using
try—perpetrate / no change
extra information
1 formal word
2 Perpetuate and perpetrate are sometimes confused. Perpetuate means to
prolong or make last. Perpetrate means to commit or carry out.
3 Prefer a simpler alternative if appropriate.
example of no change
The rumours perpetuated the doubts about him.
example of change
He perpetuated perpetrated a fraud on his employer. [or committed]
further reading
Garner’s Legal Style p 132
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–11
P
per procurationem / per proc. / per pro. / p.p.

usage—never use
try—for / on behalf of
extra information
foreign phrase (literal meaning ‘through the agency of’).
example of change
AB per pro for CD
further reading
Cambridge Style Guide pp 572–3
Cutts p 39
Garner’s Dictionary p 653
Gowers’ Plain Words p 16
perquisite
see—prerequisite
per se

usage—never use
try—by itself / in itself / as such / essentially / for its own sake / standing alone /
as a matter of law
extra information
1 foreign phrase
2 can be legal term of art
further reading
Cambridge Style Guide p 572
Cutts p 39
Garner’s Dictionary pp 653–4
Gowers’ Plain Words p 16
person

usage—consider alternatives before using
try—individual / corporation / no change
extra information
Use individual to distinguish a natural person from a corporation (see LA, dict, pt 1,
def individual).
see also—another person; any other; body corporate; natural person
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–12
P
person or body

usage—consider alternatives before using
try—entity (if necessary after defining entity) / person / no change
extra information
1 can be a redundancy
2 See LA, dict, pt 1, defs body, corporation, entity, individual and person.
example of change
an instrument made by a person or body an entity
persons

usage—consider alternatives before using
try—people / peoples / anyone / someone / omitting / no change
extra information
1 It has been suggested that persons is used when speaking of a number of people
who can be counted and people is used when speaking of a large or uncounted
number of individuals (Harper quoted in Fowler’s English Usage). However, in
current usage persons is tending to yield to people in all contexts.
2 prefer an alternative.
example of change
1 Aboriginal persons peoples of Australia
2 Torres Strait Islander persons people
3 persons people with disabilities
4 persons people from non-English-speaking backgrounds
5 English-speaking persons people
6 children and young persons people
7 The persons people responsible for this crime must be punished.
8 Twelve persons people came to lunch.
9 This person has eaten, but the rest of the persons people are hungry.
10 The 3 people eligible to serve on the selection committee…
further reading
Cutts pp 29, 31
Cwlth Style Manual pp 121-44 (non-discriminatory language)
Fowler’s English Usage p 583 (people, persons)
Garner’s Dictionary pp 649-50 (people)
Garner’s Legal Style p 132 (people; persons)
Gowers’ Plain Words p 253
Howard’s Handbook p 291 (people/persons)
Howard’s Guide p 291 (people/persons)
Longman English Usage p 525
Partridge pp 241 (people), 244 (persons)
Right Words p 298 (people)
Working Words p 396 (people)
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–13
P
personally

usage—consider alternatives before using
try—omitting / no change
extra information
can be a redundancy
examples of change
1 I personally think …
2 Personally, I like the idea.
further reading
Garners’ Legal Style p 132
Strunk and White p 56
personam
see—in personam
personnel

usage—consider alternatives before using
try—staff / people / employees / no change
extra information
Prefer the simplest appropriate word.
per stirpes

usage—consider alternatives before using
try—recasting (adding an explanation of the phrase) / no change
extra information
1 foreign phrase
2 Also a technical legal term in succession law relating to the distribution of the
estate (or a part of the estate) of a deceased person. A distribution per stirpes
can happen if a person (B) who would have been entitled to share in the estate of
a deceased person (D) dies before D. B’s share will be taken in equal shares by
B’s surviving next of kin (if any) as representatives of B. A distribution per
capita is the opposite of a per stirpes distribution (see per capita). If it is
necessary to use the term, include a note (or provision) explaining what it
means.
further reading
Black’s Law Dictionary p 1181
Garner’s Dictionary pp 649 (per capita (B)), 834 (stirpital), 872 (terms of art)
Law Words 1995 pp 59–2
Mellinkoff’s Dictionary pp 474-5
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–14
P
pertaining to

usage—never use
try—about / of / in relation to / on
extra information
archaism
peruse

usage—avoid using if possible
try—read / study / consider / examine
extra information
1 formal word
2 One meaning of peruse is to read, study, consider or examine carefully or
thoroughly.
see also—it will be seen by a perusal of
example of no change
for perusal of any other document that it is necessary to peruse…$5.00 per
100 words
example of change
I enclose a document for your perusal you to consider.
further reading
Cutts p 29
Fowler’s English Usage pp 309 (formal words), 591
Garner’s Dictionary pp 370 (formal words), 656
Partridge p 244
Working Words p 400
per year
see—per day/month/year
phase

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
Avoid using phase as an omnibus word. See kind for extra information.
example of no change
a 3-phase electrical system
further reading
Garner’s Legal Style pp 32 (as vague word), 132 (as vague word), 205 (as omnibus word)
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–15
P
plan on … ing

usage—avoid using if possible
try—plan to …
extra information
verbosity
example of change
I plan on moving to move.
further reading
Garner’s Legal Style p 132
please
see—enclosed please find/please find enclosed
point of time
see—at this time/point of time/moment of time
point of view

usage—consider alternatives before using
try—recasting / no change
extra information
1 vogue phrase
2 Point of view (like angle, standpoint and viewpoint) can be useful if
appropriately used. However, it is sometimes used as a refuge from the trouble
of precise thought, and provides a clumsy way of saying something that could be
said more simply and effectively. It is used, for instance, as circumlocution for a
simple adverb, eg ‘from a temporary point of view’ instead of ‘temporarily’
(Gowers).
example of change
From an energy efficiency point of view, For energy efficiency, there are
advantages in having double glazed windows. [or recast]
further reading
Fowler’s English Usage p 604
Garner’s Dictionary p 916 (viewpoint; point of view; standpoint)
Gowers’ Plain Words pp 61–2
Partridge p 330 (standpoint; point of view; viewpoint; angle and slant)
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–16
P
portion

usage—consider alternatives before using
try—part / share / no change
extra information
1 formal word
2 Prefer part or share if appropriate.
3 A portion is something cut or taken away from the whole (eg ‘a portion of
cake’). By contrast, part is only a constituent part of the whole (eg ‘a part of the
house’).
examples of change
1 the portion part of the rate attributable to land occupied only by a pensioner
2 her portion share of the drink
further reading
Garner’s Dictionary pp 370 (formal words), 672
Partridge p 250 (portion and part)
position
[as a noun]

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 can be a vague word
2 Prefer an alternative if appropriate.
3 never use position in regard to
see also—in a position
example of no change
A retractable axle is taken to be an axle only when it is in the lowered position. [or
... only when it is lowered]
example of change
I am in a position to can…
further reading
Gowers’ Plain Words pp 4, 253–4
Partridge pp 4 (abstract nouns—position), 251 (position to do (something), not to be in a)
position
[as a verb]

usage—avoid using if possible
try—place / put
extra information
formal word
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–17
P
possess

usage—consider alternatives before using
try—have / keep / own / no change
extra information
formal word
further reading
Garner’s Dictionary pp 370 (formal words), 673
possession, custody and control

usage—never use
try—possession / ownership
extra information
1 triplet
2 If necessary, define possession to include particular kinds of control.
further reading
Garner’s Legal Style p 186
possible
see—as soon as is possible/practicable; as soon as possible; as soon as
practicable; practicable; if practicable
power
see—has/have no power to; has/have power to
power and / or authority

usage—never use
try—power / omitting
extra information
1 doublet
2 See LA, dict, pt 1, defs power and function.
p.p.
see—per procurationem / per proc. / per pro. / p.p.
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–18
P
practicable

usage—consider alternatives before using
try—practical / possible / feasible / recasting (using more precise words) / no
change
extra information
1 Practical, with its implied antithesis of theoretical, means useful in practice or
responding effectively to actual conditions. Practicable means capable of being
done or used, possible, or feasible (Gowers).
2 Practicable (in the sense of feasible) is virtually a synonym of possible.
see also—as soon as is possible/practicable; as soon as possible; as soon as
practicable; if practicable; if possible
further reading
Cambridge Style Guide p 599
Fowler’s English Usage p 612
Garner’s Dictionary pp 676 (possible; practicable), 678 (practical; practicable)
Garner’s Legal Style p 133
Gowers’ Plain Words p 254
Right Words p 323
Working Words pp 410–1
practical
see—practicable
practical considerations

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
vague phrase
further reading
Garner’s Legal Style p 32
practically

usage—consider alternatives before using
try—almost / nearly / virtually / no change
extra information
Since practically can also mean in a practical way, avoid using it in phrases where
it might be ambiguous, eg ‘practically trained lawyers’.
further reading
Gowers’ Plain Words p 254
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–19
P
practice

usage—consider alternatives before using
try—practise / no change
extra information
Practice is the spelling for the noun. Practise is the spelling for the verb.
further reading
Cambridge Style Guide p 599
Garner’s Legal Style p 133
practise
see—practice
practitioner
see—legal practitioner; medical practitioner
preceding

usage—avoid using if possible
try—last / before / earlier / previous / recasting
extra information
formal word
examples of change
1 28 days immediately preceding before the commencing day
2 the day immediately preceding before
3 the preceding previous year
4 During the 3 years immediately preceding before the accident, …
further reading
Gowers’ Plain Words p 255
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–20
P
precipitate

usage—consider alternatives before using
try—hasty / rushed / rash / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 The traditional meaning of precipitate is the doing of something in a hasty,
rushed and perhaps rash or uncontrolled way. It relates to time. The traditional
meaning of precipitous is a steep decline. It relates to space. However,
precipitous is increasingly used instead of precipitate to mean sudden.
Nevertheless, precipitous should not be used in this way.
further reading
Cambridge Style Guide p 601
Fowler’s English Usage pp 613–4 (precipitous)
Garner’s Dictionary p 681
Garner’s Legal Style p 133
Longman English Usage p 552
Oxford English Usage p 157 (precipitous)
Partridge pp 253-4 (precipitously)
Working Words p 412
precipitous
see—precipitate
precis

usage—avoid using if possible
try—summary
extra information
foreign word
further reading
Cambridge Style Guide p 601
preclude

usage—avoid using if possible
try—prevent / exclude / leave out / omit
extra information
formal word
example of change
Subsection (2) does not preclude prevent …
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–21
P
predecease

usage—avoid using if possible
try—die before
extra information
1 formal word
2 euphemism
further reading
Gowers’ Plain Words p 18
prefer … than

usage—never use
try—prefer … to / prefer … over / recasting / prefer … rather than
extra information
non-standard English
example of change
He prefers facts than to rumours.
further reading
Fowler’s English Usage p 615 (prefer)
Garner’s Plain Words p 133
prejudice
see—without prejudice to the generality of
preliminary to

usage—avoid using if possible
try—before
extra information
compound preposition
further reading
Garner’s Legal Style p 133
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–22
P
preparatory

usage—avoid using if possible
try—introductory / recasting (using prepare for / make ready)
extra information
legalese
example of no change
a preparatory school
further reading
Garner’s Legal Style p 133
prepare

usage—consider alternatives before using
try—set up / make ready / no change
extra information
Prefer the simplest, appropriate alternative.
see also—not prepared to
prerequisite

usage—consider alternatives before using
try—condition / perquisite / no change
extra information
1 formal word
2 Prerequisite means a prior condition.
3 Perquisite means a benefit or privilege attaching to a position.
4 Prefer an alternative if appropriate.
further reading
Cambridge Style Guide p 607
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–23
P
prescribe

usage—consider alternatives before using
try—set / fix / prescribed by regulation / recasting / omitting / no change
extra information
1 formal word
2 Prescribed is defined in LA, dict, pt 1 to mean, in an Act, ‘prescribed by the Act
or by regulation under the Act’. See also LA, dict, pt 1, def by regulation.
3 Prescribe should continue to be used, as appropriate, in provisions giving power
to make statutory instruments. In other contexts, prefer set or fix.
4 As prescribe is not a well understood concept, in provisions giving power to
make statutory instruments prefer an alternative phrase (eg declared by
regulation) or recasting. If it is necessary to use prescribed, prefer prescribed by
regulation (or another kind of legislative instrument) rather than just prescribed.
5 If possible, avoid using prescribe in the sense of prescribed by the Act (or
provision of the Act).
6 If an authorising provision states that something may be prescribed in a
statutory instrument, in prescribing the thing, it is usually unnecessary to use the
word prescribe. In prescribing things in a statutory instrument, avoid using
prescribe, especially in provision headings.
7 Prescribe and proscribe are sometimes confused. To prescribe is to lay down
rules to be followed. To proscribe is to condemn or prohibit something (see
proscribe).
see also—except as provided in/prescribed by
example of no change
A person may apply for a benefit in the way prescribed by regulation.
examples of change
1 The education board prescribed set the syllabus for subject.
2 Section X of an Act states: ‘The fee for a licence is as prescribed by regulation.’.
The regulation made under that section states:
Prescribed fee Fee for licences—Act, s X
‘Z. The prescribed fee for a licence is $100.’.
3 This section applies to a provision prescribing setting a penalty for an offence.
further reading
Cambridge Style Guide pp 607–9 (prescribe or proscribe)
Garner’s Legal Style p 133 (prescribe; proscribe)
Gowers’ Plain Words p 255
prescribed form

usage—avoid using if possible
try—approved form / recasting
extra information
1 Forms should not generally be prescribed in legislation, especially Acts.
2 If possible, use approved form or recast.
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–24
P
present
[as an adjective or adverb]
see—as at present advised; at present; at the present day; at the present time; the
present writer
present
[as a verb]

usage—consider alternatives before using
try—give / offer / introduce / no change
extra information
1 formal word
2 Prefer an alternative.
further reading
Garner’s Dictionary p 370 (formal words)
presently

usage—consider alternatives before using
try—now / soon / at present / currently / no change
extra information
1 Presently has 3 meanings: now, soon and currently.
2 The use of presently to mean now has been criticised (see Gowers).
3 Because of its possible meanings, use of presently can be ambiguous.
examples of change
1 The office is presently currently giving a number of seminars on its role.
2 I will join you at the Christmas party presently soon.
further reading
Garner’s Legal Style p 133
Gowers’ Plain Words p 255
Strunk and White p 57
preserve

usage—consider alternatives before using
try—keep / no change
extra information
1 formal word for keep
2 Prefer keep if appropriate.
further reading
Garner’s Dictionary p 370 (formal words)
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–25
P
presume

usage—consider alternatives before using
try—assume / no change
extra information
1 Presume and assume have similar meanings. When used to mean ‘to suppose’,
the words are interchangeable. Otherwise, the choice of word depends on usage
and the degree of tentativeness behind the presumption or assumption.
2 In Australian English, assume is more common than presume. Presume is,
however, invariably used in certain legal contexts, eg the presumption of
innocence and evidentiary presumptions.
3 Outside these legal contexts, a presumption expresses what the writer really
believes. By contrast, an assumption can be made for the sake of argument and
without implying belief in its truth.
4 Because of it depersonalised nature, assume slips readily into a discussion and
draws less attention to itself and more to the particular point the writer wants to
highlight. Presume, by contrast, seems to draw attention to itself and to the
presumptive act by the writer. It has the faint suggestion of presumptuousness.
further reading
Cambridge Style Guide pp 62–3 (assume or presume)
Fowler’s English Usage p 74 (assume, presume)
Garner’s Dictionary pp 84 (assume; presume), 689 (presumption)
Right Words p 39
Working Words p 50
presumptive

usage—consider alternatives before using
try—presumptuous / no change
extra information
1 formal word
2 Presumptive and presumptuous are sometimes confused. Presumptive means
based on a presumption or inference. It also means giving reasonable grounds
for presumption or belief. Presumptive is neutral in its connotations.
Presumptuous, by contrast, has negative connotations. It means arrogant,
presuming too much or taking unwarranted liberties.
3 Presumptive is used in some technical legal expressions, eg heir presumptive.
further reading
Cambridge Style Guide p 609
Garner’s Dictionary pp 400 (heir), 689
Garner’s Legal Style p 133
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–26
P
previous to

usage—avoid using if possible
try—before
extra information
compound preposition
further reading
Garner’s Legal Style p 133
Gowers’ Plain Words p 110
prima facie

usage—consider alternatives before using
try—at first sight / on the face of it / a strong case / an arguable case / recasting
(using, eg from what can be seen) / no change
extra information
1 foreign phrase
2 Prefer an alternative if appropriate (or include a note explaining what it means).
further reading
Butterworths Legal Dictionary pp 914 (prima facie), 914-5 (prima facie case), 915 (prima facie
evidence)
Bryson’s Troublesome Words p 15 (a priori, prima facie)
Cambridge Style Guide p 611
Gowers’ Plain Words p 207 (a priori)
Howard’s Guide p 28 (a priori or prima facie)
Howard’s Handbook p 31 (a priori/prima facie)
Right Words p 35 (a priori or prima facie)
primus inter pares

usage—never use
try—first among equals / having precedence but no greater authority
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 916
Cambridge Style Guide p 611
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–27
P
principal
[also principally]

usage—consider alternatives before using
try—main / chief / major / predominant / leading / first / recasting (using (most)
important / big / large / great) / principle / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate.
3 Principal and principle are frequently confused. Principal, as an adjective,
means chief or most important. As a noun, it means capital, as opposed to
interest or other income, or the head of a body (eg ‘the principal of a school’).
Principle means a rule, body of beliefs or the like.
examples of no change
1 principal and interest
2 the agent’s principal
3 the school principal
4 the company’s principal Australian register
5 principal executive officer
6 principal home
7 principal in the first degree
example of change
The principal main objects of this Act are ....
further reading
Butterworths Legal Dictionary p 916
Cambridge Style Guide p 611
Cutts p 29
principle
see—principal
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–28
P
prior

usage—avoid using if possible
try—earlier / before / previous / omitting / recasting
extra information
1 formal word
2 Although prior can be used as an adjective (eg ‘prior engagement’), prefer
earlier or previous if appropriate.
3 Prior to is a compound preposition that can readily be replaced by the simple
preposition before. As Bryson (pp 29-30) puts it, there is no difference between
before and prior to ‘except that prior to is longer, clumsier and awash with
pretension. If, to paraphrase Bernstein, you would use ‘prosterior to’ instead of
‘after’, then by all means use prior to instead of before’.
examples of change
1 A member who is absent without the local government’s prior leave … [or A
member who is absent without having obtained the local government’s leave …]
2 The trustees must not may exercise a power under subsection (1) without the
prior agreement of the Minister only with the Minister’s agreement.
3 An applicant must pay the fee prior to before the application is heard.
further reading
Bryson’s Troublesome Words p 22 (before, prior to)
Cutts pp 29, 31, 36 (prior to)
Garner’s Legal Style pp 134, 184
Garner’s Dictionary pp 370 (formal words), 692 (prior; previous), 692 (prior to)
Gowers’ Plain Words pp 55, 110
prioritise

usage—consider alternatives before using
try—rank / set priorities / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Cutts p 29
Garner’s Legal Style p 134
probability
see—in all probability
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–29
P
problematic
[also problematical]

usage—consider alternatives before using
try—questionable / recasting / no change
extra information
1 formal word
2 Problematic can mean either having the nature or appearance of a problem, or
questionable.
3 Use questionable if that is what is meant.
4 Prefer problematic to problematical.
further reading
Cambridge Style Guide pp 360-1 (-ic / -ical)
Working Words p 420
pro bono / pro bono publico

usage—avoid using if possible.
try—recasting (using more precise words, eg free or in the public interest)
extra information
1 foreign phrase
2 Pro bono (or pro bono publico) does not have a settled meaning.
further reading
71ALJ 735 (1997) (note about pro bono work)
Butterworths Legal Dictionary p 927
Garner’s Dictionary pp 695–7
Law Words 1995 pp 63–5
proceed

usage—consider alternatives before using
try—act / go / go ahead / continue / recasting / no change
extra information
formal word
examples of change
1 The commissioner must proceed act as quickly as possible.
2 The commissioner may proceed act in the absence of a person who has been
given reasonable notice.
3 The captain of a requisitioned ship must proceed with all practicable speed go as
quickly as possible to help a ship in distress.
4 Before proceeding to consider considering …
further reading
Garner’s Dictionary pp 370 (formal words), 680 (precede. A. and proceed)
Hudson p 305 (ploddery)
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–30
P
process

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
1 vague, vogue word
2 Prefer a more precise alternative if appropriate.
further reading
Garner’s Legal Style pp 32 (vague word as a noun), 34 (vogue word as a verb)
procure

usage—consider alternatives before using
try—obtain / get / cause / bring about / no change
extra information
1 formal word
2 also technical legal term
3 Prefer an alternative if appropriate.
example of no change
A person is taken to have committed an offence if the person aids, abets, counsels
or procures the commission of the offence by someone else.
further reading
Butterworths Legal Dictionary p 930
productive of

usage—avoid using if possible
try—recasting (using produces)
extra information
verbosity
example of change
Good research is productive of produces good outcomes.
further reading
Gowers’ Plain Words p 255
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–31
P
pro forma

usage—never use
try—as a matter of form / for the sake of form / as a gesture / recasting
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 927
Cambridge Style Guide p 613
Cutts p 39
Garner’s Dictionary p 700
promptly

usage—consider alternatives before using
try—as soon as practicable / recasting (mentioning a period, eg within 14 days
after …) / quickly / no change
extra information
1 The expression ‘prompt’ should not be given a meaning different from its
ordinary English meaning.: Bowling v Weinert [1978] 2 NSWLR 282 at 290 per
Lee J.
2 US judicial authority is consistent with prompt or promptly meaning without
delay or with reasonable speed. Terms such as as soon as practicable,
immediately, promptly, within a reasonable time, in relation to the time when
notice of an accident must be given to an insurer all mean essentially the same
thing, ie not instantaneous notice, but rather notice within a reasonable length of
time, taking into account all the facts and circumstances: Certified Indem. Co. v
Thun 439 P 2D 28 at 30; 165 Colo. 354 This view is consistent with Lee J’s
view in Bowling v Weinert.
3 Prefer an alternative if appropriate.
proof

usage—consider alternatives before using
try—evidence / no change
extra information
Proof is evidence found to be conclusive (or sufficiently persuasive) to establish the
existence of a fact. Evidence is any way in which a fact in issue might be proved or
disproved.
further reading
Butterworths Legal Dictionary p 938
Garner’s Legal Style p 134
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–32
P
proper

usage—consider alternatives before using
try—appropriate / suitable / adequate / no change
extra information
1 vague word
2 can be value-loaded word
3 For the use of adequate, see sufficient.
see also—fit and proper; fit and suitable/fitting and proper
proportion

usage—consider alternatives before using
try—some / few / many / most / recasting (using eg a formula including a figure or
adding an adjective such as high, low, large or small) / no change
extra information
1 If possible, use formulas instead of provisions that express concepts as
proportions of each other. However, avoid the unnecessary use of formulas.
x
For example, there is no point in saying ‘ ’ instead of ‘half of x’.
2
2 Proportion should be used only to express the relationship between a number
and another number, not to express an absolute number.
3 Do not use proportion when you mean some, few, many or most. Proportion
should be used only if it is possible to express the size of a relationship either by
a number, or by a useful description, eg ‘a large proportion’.
see also—percentage
example of no change
The levy must cover a fair proportion of the estimated cost.
example of change
A large proportion Most [or Many] of the audience left at interval.
further reading
Cwlth OPC Plain English p 23
Gowers’ Plain Words pp 252–3
Working Words p 427
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–33
P
proposition

usage—consider alternatives before using
try—plan / project / proposal / offer / no change
extra information
1 formal, blunderbuss word.
2 Prefer an alternative if appropriate.
example of no change
My argument is based on the proposition that there is life on Mars.
example of change
a promising commercial proposition proposal
further reading
Cambridge Style Guide p 616
Gowers’ Plain Words p 85
pro rata

usage—avoid using if possible
try—proportionately / in proportion
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 927
Garner’s Dictionary p 705
proscribe
usage—avoid using if possible
try—prohibit / forbid / condemn / recasting (using is not permitted / must not)
extra information
1 formal word
2 Proscribe and prescribe are often confused. See prescribe for more information.
example of change
Smoking is proscribed not permitted in our building.
further reading
Cambridge Style Guide pp 607–9 (prescribe or proscribe)
Garner’s Legal Style p 133 (prescribe; proscribe)
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–34
P
prosecute

usage—consider alternatives before using
try—carry on / conduct / no change
extra information
can be formal word for carry on or conduct
example of no change
The authority may prosecute offences against the Act.
example of change
prosecute carry on its business
protagonist

usage—consider alternatives before using
try—antagonist / party / supporter / advocate / spokesperson / recasting / no
change
extra information
1 The traditional meaning of protagonist was the chief champion of a cause.
However, it is now frequently used to mean simply one who fights for
something.
2 By contrast, antagonist is someone who fights against something.
3 formal word
4 Prefer an alternative if appropriate.
further reading
Cambridge Style Guide pp 617–8
Garner’s Legal Style pp 134–5
pro tanto

usage—avoid using if possible
try—in part / to that extent / as far as it goes / so much / recasting
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 927
Garner’s Dictionary p 708
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–35
P
pro tem(pore)

usage—avoid using if possible
try—for the time being / temporarily / recasting (using interim arrangement /
informal arrangement)
extra information
foreign phrase
further reading
Butterworths Legal Dictionary p 927
Cambridge Style Guide p 613
Garner’s Dictionary p 709
provide
[also provision]

usage—consider alternatives before using
try—give / supply / arrange for / make / is / no change
extra information
Prefer the simplest, appropriate alternative if appropriate.
see also—as provided by; except as provided in/prescribed by; except as/where
otherwise provided/indicated
examples of no change
1 An Act to provide for …
2 an amount provided for in the budget
3 the estimated cost of providing public hospital services
4 provide funds for research and education
5 the provision of aged care services
6 The council may charge for services and facilities provided by it.
7 The authority must arrange for someone else to provide meat processing
services.
examples of change
1 In providing giving information or advice to the Minister, …
2 A board must provide give the Minister with a written report of its findings.
3 The advisory committee may provide give advice to [or advise] the Minister.
4 The committee must provide make regular reports to the Minister.
5 Bridge provides is a game of skill.
6 The authority provided supplied electricity to the town.
further reading
Cwlth OPC Plain English p 41
Partridge p 266
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–36
P
provided (that)

usage—consider alternatives before using
try—however / if / only if / unless / providing / recasting / no change
extra information
1 Do not use provided that to introduce a proviso.
2 Provided (that) can be a heavyweight way of prefacing a condition. Generally,
prefer an alternative (eg if, however or only if) for this purpose.
examples of change
1 He said he would send the draft out provided that only if it was settled first.
2 I expect to finish the first draft by tomorrow provided that if I do not have any
interruptions.
further reading
Cambridge Style Guide p 619
Garner’s Dictionary p 710
Garner’s Legal Style pp 53–4, 135
Gowers’ Plain Words p 104
Law Words 1995 pp 66–8
Longman English Usage pp 574–5
Partridge p 266
Right Words p 336
Working Words pp 428–9
provision
see—make provision for
provisions
see—terms and provisions
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–37
P
provisions of

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
The phrase the provisions of is usually unnecessary unless it is used as a convenient
label to describe a list of different provisions, so that it can be used again later in
referring back to the same list of provisions. However, it can frequently be omitted
even in these cases.
example of no change
The ship must comply with the following provisions of the standard:...
examples of change
1 The provisions of section 5 apply Section 5 applies to ...
2 On the commencement of this section, the provisions of the management
agreement apply applies as if …
3 tell the person, in general terms, of the provisions of about section 20
4 The other provisions of this This section do does not apply to …
5 If the case is not covered by the provisions of these rules, …
further reading
Cutts p 30
Cwlth OPC Plain English p 19
prox.

usage—never use
try—recasting (using next month or the name of next month, eg February)
extra information
1 abbreviation of foreign phrase
2 commercialese
3 Prox. stands for proximo mense (‘next month’).
further reading
Cambridge Style Guide p 775 (ult.)
Garner’s Dictionary p 859 (ult.)
Gowers’ Plain Words p 16
Partridge p 367 (ult., prox., inst.)
proximity
see—in close proximity
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–38
P
punctually

usage—avoid using if possible
try—recasting (requiring the obligation to be carried out by a particular date)
extra information
1 Punctually means by the required date specified in the instrument concerned:
Sperry Rand Australia Ltd v Arrandale Properties Pty Ltd [1979] VR 409 at
411, 415 per Lush J.
2 Use of punctually is usually unnecessary. If a written notice must be given, a
payment made or an obligation carried out by a particular date, the provision
should state this.
purchase

usage—consider alternatives before using
try—buy / acquire / get / obtain / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Cutts p 30
Fowler’s English Usage pp 309 (formal words), 639
Garner’s Dictionary pp 370 (formal words), 719
Mellinkoff’s Dictionary pp 63–4 (buy/purchase)
Partridge p 275
purchaser

usage—consider alternatives before using
try—buyer / no change
extra information
1 formal word
2 Prefer buyer.
see also—purchase
further reading
Garner’s Dictionary p 719
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–39
P
purport
[as a noun]

usage—consider alternatives before using
try—gist / substance / purpose / object / no change
extra information
formal word
example of change
The purport substance of the claim for an extension of time was …
further reading
Gowers’ Plain Words p 256
purpose
see—for the purpose/purposes of
purpose is to

usage—avoid using if possible
try—omitting
extra information
padding
purposefully
see—purposely
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–40
P
purposely

usage—consider alternatives before using
try—intentionally / purposefully / purposively / no change
extra information
1 Purposely means done on purpose or intentionally. It is used to emphasise that
something happened intentionally, and not just by accident. Its opposite is
accidentally.
2 Purposefully means done for a particular purpose. It looks beyond the
immediate situation, and sees the action as a step toward a preconceived goal. Its
opposite is aimlessly.
3 Purposively means done to serve useful function, although not because of
planning. It represents the idea that behaviour is always directed towards an end,
and is not random. Unlike purposely and purposefully, it can be used of nonhuman and inanimate subjects.
further reading
Cambridge Style Guide p 623
Garner’s Legal Style p 135
purposively
see—purposely
pursuance
see—in pursuance of
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–41
P
pursuant to

usage—never use
try—under / in accordance with / according to / for
extra information
1 compound preposition
2 legalese
example of change
an approval given pursuant to under section 10
further reading
Cutts p 30
Garner’s Dictionary pp 721, 896
Garner’s Legal Style pp 135, 184
Gowers’ Plain Words p 256
Words and Phrases: A Guide to Plain Legal Language
October 2006
P–42
Q
qua

usage—never use
try—as / in the capacity of / recasting (using, eg as such)
extra information
1 foreign word
2 Use of qua may be obscure and irritating to those who do not understand what it
means, or pretentious to those who do.
examples of change
1 He was interested in money qua money for its own sake.
2 She attended the course qua as occupational health and safety officer.
further reading
Cambridge Style Guide pp 624–5
Gowers’ Plain Words p 256
quadrate
[as a verb]

usage—never use
try—conform /agree / adapt / recasting (using eg in accordance with /
meets the requirements of)
extra information
formal, obscure word
example of change
The draft quadrates with meets our instructions.
quantum

usage—never use
try—amount / share / portion
extra information
foreign phrase
Words and Phrases: A Guide to Plain Legal Language
October 2006
Q–1
Q
question
[as a noun]

usage—avoid using if possible
try—subject / topic /  issue / problem /  matter / dispute / challenge / proposal /
omitting
extra information
vague word
see also—beg the question; call in question; in question; leading question; no
question that/but that; question of whether/who/what/how etc
further reading
Cwlth OPC Plain English p 17
Gowers’ Plain Words p 256
question as to whether / who / what / how etc
see—as to whether/who/what/how etc
question of whether / who / what / how etc

usage—never use
try—omitting of
extra information
1 verbosity
2 non-standard English
further reading
Garner’s Legal Style p 135
quite

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 dogmatic word meaning completely, entirely or totally, eg ‘His conduct was
quite outrageous’
2 hedge word (compromiser) meaning rather, to a moderate degree or fairly,
eg ‘She worked quite fast’
3 vague word, however, the meaning is often clarified by the context
further reading
Cambridge Style Guide p 336 (hedge words)
Fowler’s English usage pp 645–6
Garner’s Dictionary p 926 (weasel words)
Garner’s Legal Style pp 192–3
Words and Phrases: A Guide to Plain Legal Language
October 2006
Q–2
R
rata
see—pro rata
rate
see—flat rate
rather

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 hedge word (compromiser)—weasel word, eg ‘It was rather dark.’
2 intensifier, eg ‘The car drove past rather fast.’
3 vague word, however, the degree of downtoning or intensification is often
clarified by the context.
4 Prefer an alternative if appropriate.
further reading
Cambridge Style Guide p 336 (hedge words)
Fowler’s English Usage pp 652–3
Garner’s Dictionary pp 124–5 (but rather), 926 (weasel words)
Garner’s Legal Style p 192
re

usage—never use
try—omitting / about / regarding / on / concerning / recasting
extra information
1 foreign word
2 re is an abbreviation of in re, which means in the matter of or in the case of.
examples of change
1 Dear Ms Smith
Re: Will of XYZ
2 Dear Mr Smith
Re About your letter of 10 November, … [or Thank you for your letter of
10 November.]
further reading
Butterworths Legal Dictionary p 548 (in re)
Cambridge Style Guide p 640
Cutts p 35
Gowers’ Plain Words p 16
Words and Phrases: A Guide to Plain Legal Language
October 2006
R–3
R
reaction

usage—consider alternatives before using
try—opinion / view / impression / response / no change
extra information
The traditional meaning of reaction is an automatic response to something.
example of change
She gave a considered reaction response to the letter.
further reading
Gowers’ Plain Words pp 256–7
read
see—is to be read
real
[also really]

usage—consider alternatives before using
try—true / genuine / actual / omitting / recasting / no change
extra information
1 Real is often used unnecessarily.
2 Prefer an alternative if appropriate.
see also—actually/actual; definitely/definite; realistic
example of no change
real estate
examples of change
1 real genuine fears
2 real true facts [or facts]
3 the real problem
further reading
Cambridge Style Guide pp 641–2
Fowler’s English Usage p 19 (actually)
Gowers’ Plain Words pp 51–2
Partridge p 280 (real; really, actually and definitely)
Working Words p 463 (real/realistic/really)
Words and Phrases: A Guide to Plain Legal Language
October 2006
R–4
R
realistic

usage—consider alternatives before using
try—frank / feasible / likely / practical / probable / reasonable / sensible /
workable / omitting / no change
extra information
1 vogue, question-begging vague word
2 Prefer a more precise alternative if appropriate.
examples of change
1 realistic reasonable offer
2 realistic workable solution
3 He spoke in realistic frank terms.
4 An increase in the shopping centre’s turnover is not realistic likely.
5 a realistic likeness
further reading
Garner’s Legal Style p 34
Gowers’ Plain Words pp 17, 257
Working Words p 463 (real/realistic/really)
reappoint

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
1 can be a redundancy
2 It is usually unnecessary to deal with reappointment to an office (see LA, s 208
(1) (c) and dict, pt 1, def appoint).
reason
see—by reason; by reason only; for the reason that; the reason being that; the
reason … is because
reasonable

usage—consider alternatives before using
try—recasting (using more precise words) / no change
extra information
can be a weasel word
further reading
Garner’s Dictionary p 926 (weasel words—reasonable and all reasonable means)
receipt
see—in receipt of
Words and Phrases: A Guide to Plain Legal Language
October 2006
R–5
R
recognisance

usage—avoid using if possible
try—undertaking / agreement / promise / bail undertaking
extra information
1 Recognisance is often used in criminal law, mainly in setting bail and
sentencing.
2 Recognisance is not usually a technical term and can often be given a plain
language alternative (if necessary after defining the alternative).
further reading
Butterworths Legal Dictionary p 989
Law Words 1995 pp 69–72
recognition to
see—give recognition to
reduce to writing

usage—never use
try—put in writing / write down / record in writing
extra information
formal phrase
reduction

usage—consider alternatives before using
try—cut / no change
extra information
a reduction cut in interest rates
further reading
Cutts p 30
Working Words p 154 (cut in)
redundant

usage—consider alternatives before using
try—inappropriate / too much / excessive / unnecessary / no change
extra information
Do not use redundant if you mean inappropriate.
further reading
Gowers’ Plain Words pp 258–9
Words and Phrases: A Guide to Plain Legal Language
October 2006
R–6
R
refer back to

usage—never use
try—refer to / mention
extra information
redundancy
further reading
Garner’s Legal Style p 136
referred to

usage—consider alternatives before using
try—mentioned / set out / stated / specified / recasting / no change
extra information
1 Prefer mention if appropriate.
2 Be careful not to draw artificial distinctions in provisions to mean essentially the
same thing, eg do not say in one provision ‘a person mentioned in section X’,
and then in another provision say ‘a thing referred to in section Y’, if the person
or thing is only being identified by the reference.
3 See state for a discussion of the use of mention, set out and state.
example of no change
It must be referred to the authority for certification.
examples of change
1 a representation referred to mentioned in paragraph (x)
2 for a licensee to whom mentioned in paragraph (a) refers
3 an exemption to which mentioned in paragraph (a) refers
4 operators referred to mentioned in paragraph (a)
5 the number of units referred to stated in the schedule
6 the map referred to set out in the schedule
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reference

usage—consider alternatives before using
try—recasting / no change
extra information
1 Generally use a quotes form of definition rather than a referential form of
definition.
2 If a referential definition is used, use the short form (see example 1, examples of
change).
see also—make reference to; with reference to
examples of no change
1 A guideline may incorporate a standard by reference.
2 A marine incident may be the subject of a reference by the Minister.
examples of change
1 A reference to X is to be read as not including a reference to Y. X does not
include Y.
2 a report about the operation of this Act, with particular reference mentioning
particularly
further reading
Cwlth OPC Plain English p 33
Drafting Practice Guide
refrain (from)

usage—avoid using if possible
try—recasting (using, eg do not)
extra information
formal word
example of change
Please refrain from smoking do not smoke in this building.
further reading
Gowers’ Plain Words p 259
refurbish

usage—consider alternatives before using
try—refurnish / no change
extra information
1 formal word
2 Both refurbish and refurnish deal with renovating.
3 Refurnish means renovating by buying furnishings.
4 Refurbish means renovating by fixing up or otherwise making do with what you
already have.
further reading
Cambridge Style Guide p 648
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October 2006
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refurnish
see—refurbish
refuse
[as a verb]

usage—consider alternatives before using
try—fail / decline / deny / omitting / recasting (using, eg does not or contravene) /
no change
extra information
1 It is usually unnecessary to deal with a person refusing to do something.
2 See LA, dict, pt 1, defs breach, contravene and fail.
see also—decide to grant/refuse
example of change
If the Minister refuses or fails to does not grant a licence, …
refute

usage—consider alternatives before using
try—contradict / deny / rebut / repudiate / no change
extra information
1 formal word
2 Refute has traditionally meant the use of proof to deny a charge or claim. Its use
to mean simply deny has been criticised.
3 Prefer an alternative if appropriate.
example of change
The company refuted denied claims that the release of oil from the tanker was
negligent.
further reading
Cambridge Style Guide p 648
Fowler’s English Usage pp 662–3
Garner’s Legal Style p 136
Gowers’ Plain Words p 259
regard
see—as regards; in regard to; regarded as; regarded as being; regarding; with
regard to
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regarded as

usage—consider alternatives before using
try—taken to be / no change
extra information
Prefer taken to be if appropriate.
example of no change
She is regarded as the best drafter in the office.
examples of change
1 The nominal defendant is to be regarded as taken to be a licensed insurer.
2 A restored vehicle is regarded as having taken to have been built when it was
originally built and not when it was restored.
regarded as being

usage—avoid using if possible
try—regarded as
extra information
verbosity
example of change
She is regarded as being the best drafter in the office.
further reading
Garner’s Legal Style p 136
Strunk and White p 41 (being)
regarding
[as a preposition]

usage—consider alternatives before using
try—about / in relation to / recasting / no change
extra information
1 formal word
2 Prefer an alternative.
further reading
Cutts pp 30, 31
Fowler’s English Usage p 663 (regard)
Garner’s Legal Style p 48 (as acceptable dangler)
Gowers’ Plain Words p 18
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regardless whether

usage—never use
try—regardless of whether
extra information
non-standard English
further reading
Garner’s Dictionary p 747
regards
see—as regards
regretful
see—regretfully
regretfully

usage—consider alternatives before using
try—recasting (using eg I regret to say / regrettably / no change
extra information
1 Regretfully traditionally meant with regret or in a regretful way. Like hopefully,
its meaning has been extended. Regretfully is now used to express the regret of
the person using it. This extended use is subject to the same criticisms that have
been made of hopefully and can give rise to ambiguity.
2 See hopefully for more information.
3 Regretful properly means feeling or showing regret, and regrettable means
causing regret. Errors are regrettable; those who have committed them are
regretful.
4 Regrettably and regretfully both involve regret. Both should be used only in
senses corresponding to the correct uses of the adjectives regretful and
regrettable that is, with regret or sadly, and unfortunately. However, both are
now commonly used as sentence adverbs (ie an adverb that qualifies the
sentence as a whole). In regretfully, the feeling of regret is more
straightforwardly expressed by the writer or is attributed directly by the writer to
someone else. Regrettably is more abstract and implies that regret is called for
by a situation. The writer puts the writer’s evaluation of the situation as calling
for regret and invites the reader to endorse the evaluation. However, the writer
does not directly express a feeling of regret or attribute the feeling directly to
someone else. Regrettably can, therefore, be used for a more impersonal style of
writing.
further reading
Cambridge Style Guide p 648 (regrettably and regretfully)
Fowler’s English Usage pp 664 (regretful, regrettable), 702–3 (sentence adverbs)
Garner’s Dictionary pp 748–9 (regretful; regrettable), 791-2 (sentence adverbs)
Garner’s Legal Style pp 136–7
Working Words p 468 (regretfully/regrettably)
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regrettable
see—regretfully
reimburse

usage—consider alternatives before using
try—repay / pay back / refund / pay / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
The employer must reimburse the employee for the employee’s expenses.
examples of change
1 The beneficiary must reimburse repay the amount of the overpayment.
2 The authority must reimburse refund any overpayments.
3 A care provider must reimburse pay a care recipient the full amount of any
unrefunded accommodation bond balance.
further reading
Cutts p 30
Gowers’ Plain Words p 259
relating to

usage—consider alternatives before using
try—about / for / in / of / over / to / with / in relation to / recasting / no change
extra information
1 compound preposition
2 Prefer a simple preposition if appropriate. If it is necessary to use a connecting
phrase, prefer in relation to if appropriate (see in relation to).
examples of no change
1 threatening processes relating to wildlife
2 anything else relating to local government declared by regulation
examples of change
1 an Act relating to about the functions of the Attorney-General
2 An award may require information about relating to the next crushing season.
3 An Act to consolidate and amend the law relating to for the management and
development of racecourse x
4 the person holds a current licence relating to for the vehicle
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relation
see—in relation to; to and/or in relation to
relatively

usage—consider alternatives before using
try—omitting / fairly / rather / no change
extra information
1 Relatively can only properly be used if something has been mentioned or
implied giving a standard of comparison. If there is no standard of comparison,
the use of relatively is meaningless. Its use is only a shrinking from the
nakedness of an unqualified statement (Gowers). It is a weasel word.
2 Relatively should not be used to mean fairly or rather.
example of no change
The stock can be expanded in a relatively short time.
example of change
About 100 people were taken to hospital but relatively few were detained.
further reading
Gowers’ Plain Words p 50
Working Words p 124
relevant

usage—consider alternatives before using
try—concerned / appropriate / omitting / recasting / no change
extra information
Relevant is sometimes used as a tagged term, eg the relevant employee. However,
more meaningful tagged terms should be preferred, eg the dismissed employee.
examples of no change
1 the date and, if relevant, time of the sale
2 allowing a general safety obligation to be discharged by complying with relevant
standards
3 as soon as practicable after the relevant facts come to the member’s knowledge
examples of change
1 from the beginning of the relevant financial year concerned
2 the period for which the relevant rate notice is issued
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relict

usage—never use
try—surviving spouse / spouse / domestic partner
extra information
archaism
example of change
if a pensioner dies leaving a relict spouse
further reading
Fowler’s English Usage p 666
Garner’s Dictionary p 750
relieve and discharge

usage—never use
try—discharge / recasting
extra information
doublet
remainder

usage—consider alternatives before using
try—rest / no change
extra information
formal word
further reading
Garner’s Dictionary p 370 (formal words)
remittance

usage—avoid using if possible
try—payment / amount / money
extra information
formal word
further reading
Cutts p 30
Gowers’ Plain Words p 259
remove

usage—consider alternatives before using
try—take away / take off / put out / move / no change
extra information
formal word
further reading
Garner’s Dictionary pp 370 (formal words), 755 (remove; removal)
Words and Phrases: A Guide to Plain Legal Language
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remuneration

usage—consider alternatives before using
try—pay / wages / salary / salary and allowances / income / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
remuneration package
example of change
An overpayment may be recovered by deduction from a member’s
remuneration salary.
further reading
Cutts p 30
Howard’s Guide pp 306-7 (pay, salary, wages, remuneration, stipend or emoluments)
render

usage—consider alternatives before using
try—make / give / do / send / carry out / perform / show / omitting / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
The plasterers rendered the wall.
examples of change
1 if road works on a State-controlled road are rendered necessary
2 requisition the ships that the captain considers best able to render assistance help
3 The so-called improvements rendered made the machine slower.
further reading
Cutts p 30
Gowers’ Plain Words p 259
repeat again

usage—consider alternatives before using
try—repeat / no change
extra information
Unless repeat for a second time (ie do a third time) is meant, again is redundant.
further reading
Garner’s Legal Style p 137
Words and Phrases: A Guide to Plain Legal Language
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repetitious

usage—consider alternatives before using
try—repetitive / no change
extra information
1 Both repetitious and repetitive deal with repetition.
2 Repetitious implies that the effects of the repetition are negative.
3 Repetitive is a more neutral word that only acknowledges the physical fact of
repetition.
further reading
Cambridge Style Guide p 654
repetitive
see—repetitious
replace
see—substitute
represent

usage—consider alternatives before using
try—show / be / act for / stand for / is / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
A Senator for a State represents all the people of the State.
example of change
The light green areas on the map represent are forests.
further reading
Gowers’ Plain Words p 260
represents
[in a formula]

usage—never use
try—means
extra information
Define terms used in a formula in the same way as other terms are defined.
example of change
A represents means the allocated amount.
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request

usage—consider alternatives before using
try—ask / require / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 However, request can be treated as the noun form of ask.
examples of no change
1 The corporation must comply with the request.
2 on the written request of the clerk
example of change
The Minister may request ask the corporation to reconsider the plan.
further reading
Garner’s Dictionary p 370 (formal words)
require

usage—consider alternatives before using
try—ask / impose / need / want / no change
extra information
1 Require is useful to indicate a formal, obligatory demand.
2 Require should not be used in the sense of need or want (see example 3,
examples of change).
see also—as the case may be/requires; as the case may require; is/are not required
to; is/are required to
examples of no change
1 Control in pilotage areas is achieved by requiring certain ships to use a pilot.
2 A regulation may require additional information to be provided to the authority.
examples of change
1 the duties of a pilot’s employer to develop and maintain the skills
required needed by the pilot
2 The approval is not required to need not be applied for.
3 Do you require need a pen?
4 The authority may, by written notice, require ask the applicant for additional
information necessary to consider the application properly.
further reading
Gowers’ Plain Words p 260
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requirements of

usage—consider alternatives before using
try—omitting / no change
extra information
can be a redundancy
examples of change
1 maintained in accordance with the requirements of chapter 10
2 The committee must compare the provision of the care with the requirements of
the standards.
see also—meets the requirements of
requisite
see—prerequisite
rescind
[also rescission]

usage—consider alternatives before using
try—revoke / repeal / cancel / no change
extra information
1 formal word
2 Prefer repeal for legislative instruments and revoke for non-legislative
instruments.
3 Rescission has a technical meaning in contract law.
4 See LA, dict, pt 1, def repeal.
further reading
Butterworths Legal Dictionary p 1016
Garner’s Dictionary p 761 (rescission; recision; recission; rescision)
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residence
[also residential]

usage—consider alternatives before using
try—home / address / recasting (using, eg place where the person lives / usually
lives / resides) / no change
extra information
1 formal pretentious word for home or house
2 Also, term with legal connotations in some contexts.
3 If possible, avoid place of residence.
4 Prefer a simpler alternative if appropriate.
examples of no change
1 The taxpayer’s place of residence is relevant in deciding liability to taxation.
2 Please state your residential address.
examples of change
1 He has a large residence house.
2 What is your place of residence? Where do you live?
3 An employee is entitled to the reasonable cost of travelling from and to the
employee’s place of residence place where the employee lives.
4 The notice may be served on the vehicle’s owner by posting it to the owner at
his or her place of residence or business residential or business address lastknown to the person serving the notice.
further reading
Butterworths Legal Dictionary p 1018
Cutts p 30
New Oxford Dicitonary p 1578
Partridge p 286 (reside and live; residence and house)
Words and Phrases: A Guide to Plain Legal Language
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reside

usage—consider alternatives before using
try—live / recasting / no change
extra information
1 formal word
2 To reside is to live permanently or for some time at a particular place.
3 Prefer a simpler alternative if appropriate.
see also—place of residence
examples of change
1 Most of the people who work in Civic reside live elsewhere.
2 Please state the names of your children who are residing living with you.
3 An officer is entitled to an allowance for a child who ordinarily resides lives
with the officer.
4 The power to issue a licence resides with the Minister. The Minister may issue a
licence.
further reading
Cutts p 30
New Oxford Dictionary p 1578
Partridge p 286 (reside and live; residence and house)
Working Words p 472
residue
see—rest, residue and remainder
respect
see—in a particular respect; in respect of/to; respecting; to and/or in respect of;
with respect to
respectfully
see—it is (respectfully) suggested that
respecting
[as a preposition]

usage—avoid using if possible
try—about / in relation to / recasting
extra information
formal word
further reading
Fowler’s English Usage p 671 (respect)
Garner’s Legal Style p 49 (as acceptable dangler)
Gowers’ Plain Words p 18
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respective(ly)

usage—avoid using if possible
try—omitting / recasting
extra information
1 Respective has the role of alerting the reader to the need to match up items in
2 separate series, eg 2 or more subjects with 2 or more verbs. However,
respective is often used unnecessarily, because it is usually clear from the
context that the provision is to be read distributively between multiple items and
the items appropriately matched (see example 1, examples of change).
If necessary, clarify the relationship between the items by recasting (see
example 2, examples of change).
2 Respective is also used in a general distributive sense. It can always be omitted
in these contexts. If necessary, improve the provisions by recasting (see
example 3, examples of change).
examples of change
1 The rates of salary, general allowance and jurisprudential expenses payable to
the Chief Judge, Senior Judge and other judges of the District Courts are those
respectively the rates fixed by the tribunal.
2 W, X, Y and Z are respectively the Office’s fire wardens, sector warden and
assistant fire wardens. W is the office’s fire warden, Y is the sector warden, and
Y and Z are assistant fire wardens.
3 Local governments are responsible for weed control in their respective areas. A
local government is responsible for weed control in its area.
further reading
Cambridge Style Guide p 657 (respectfully or respectively)
Fowler’s English Usage pp 671–2
Garner’s Legal Style pp 137–8
Gowers’ Plain Words pp 52–3
Strunk and White p 57
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responsibility

usage—consider alternatives before using
try—function / duty / recasting (using must) / no change
extra information
1 It is unnecessary to use responsibility and duty.
2 Prefer function to duty unless an obligation is to be imposed.
3 See LA, dict, pt 1, def function.
see also—has/have a responsibility to
examples of no change
1 adequate to allow a local government to accept autonomous responsibility
2 The order transfers responsibility for the harbours from the harbours corporation
to the ports corporation.
3 The captain of a ship is not relieved from responsibility for the ship’s operation
…
4 the degree of the repairer’s responsibility for the accident
examples of change
1 advise on the exercise of the commissioner’s statutory responsibilities functions
2 have a responsibility to must
further reading
Gowers’ Plain Words p 260
rest, residue and remainder

usage—never use
try—all other property / all remaining property / all the rest of the property / the
balance of the property / all property left over / rest / balance / residuary estate (in
a will)
extra information
1 triplet
2 The phrase rest, residue and remainder is sometimes used in wills to leave a
person the part of the testator’s property left after paying debts and giving gifts.
However, the phrase is tautological.
further reading
Garner’s Dictionary p 765
Law Words 1995 pp 73–6
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result

usage—consider alternatives before using
try—outcome / consequence / effect / recasting (using because) / no change
see also—as a/the result of; with the result that
examples of no change
1 changes that will result in a more effective and efficient maritime industry
2 to encourage the speedy settlement of claims resulting from motor vehicle
accidents
3 reduce the incidence of motor vehicle accidents and minimise the results
examples of change
1 resulting from because of the decision
2 The inspector must report the results outcome of the investigation to the chief
executive.
retain

usage—consider alternatives before using
try—keep / engage / employ / recasting (using continue to) / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
examples of change
1 The board may retain keep a document produced at an inquiry.
2 The board may retain continue to use its rules.
further reading
Garner’s Dictionary p 370 (formal words)
revenue enhancement

usage—avoid using if possible
try—tax increase
extra information
euphemism
further reading
Garner’s Legal Style p 35
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revoke

usage—consider alternatives before using
try—repeal / cancel / no change
extra information
1 Prefer repeal for Acts and subordinate laws and revoke for non-legislative
instruments.
2 Revoke and cancel can both mean to put an end to something. Cancel originally
pointed specifically to the crossing out of something, eg cancelling an entry by
drawing a line through it. It is also particularly apt to deal with the physical
marking or alteration of something to render it invalid for further use, eg
cancelling a postage stamp by overmarking it, cancelling a cheque by writing
cancelled across it or cancelling a bus ticket by perforating it. It is, therefore, the
appropriate word to use for bringing instruments to an end in a way that
involves (or usually involves) physical marking or alteration, eg cancelling a
licence. For bringing instruments to an end in other ways or for bringing rights
not necessarily embodied in an instrument to an end, prefer revoke if
appropriate, eg revoke an appointment, approval, decision, decree, exemption,
permission, promise or right of access.
3 See LA, dict, pt 1, def repeal.
example of no change
1 An appointment continues until the new council revokes it
2 The authority may revoke an exemption given to a person if...
further reading
Funk p 125
Garner’s Dictionary p 771 (revoke; retract)
Use the Right Word pp 190-1 (erase, cancel, etc) and (void, cancel, repeal, rescind, revoke etc)
rewarding
[as an adjective]

usage—consider alternatives before using
try—gratifying / satisfying / valuable / no change
extra information
1 overused word
2 Prefer an alternative if appropriate.
further reading
Gowers’ Plain Words p 261
right, title and interest

usage—never use
try—interest / recasting
extra information
triplet
further reading
Garner’s Legal Style p 188
Law Words 1995 pp 77–9
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sadly / sad

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 Sadly is a sentence adverb (ie an adverb that qualifies the sentence as a whole).
2 Sadly and sad are value-loaded words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
said
[as an adjective]

usage—never use
try—the / this / that / those / recasting (using another ‘pointing’ word or a
defined term) / omitting
extra information
1 archaism
2 legalese
see also—aforesaid; it might be said that
example of change
the said car
further reading
Cambridge Style Guide p 672
Fowler’s English Usage p 685
Dick pp 141–2
Garner’s Dictionary pp 366 (forbidden words and phrases—A. generally useless words and phrases),
778-9
Garner’s Legal Style pp 138, 182
Gowers’ Plain Words p 261
Law Words 1995 pp 80–2
Longman English Usage p 630
Partridge pp 293 (said, the), 358 (the said)
Words and Phrases: A Guide to Plain Legal Language
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same
[as a pronoun]

usage—avoid using if possible
try—he / she / him / her / it / they / them / recasting (using, eg the noun
itself)
extra information
1 commercialese
2 legalese
3 Same should not be used as a word to refer to provisions, Acts, legislative
instruments or other instruments.
4 If possible, avoid the substitution of gender-specific personal pronouns (see he;
she).
examples of change
1 Give same it to the buyer.
2 The registrar refused to file same it.
further reading
Cambridge Style Guide p 672
Fowler’s English Usage pp 686–7
Dick pp 143–4
Garner’s Dictionary pp 366 (forbidden words and phrases—A. generally useless words and
phrases), 780
Garner’s Legal Style pp 138–9
Gowers’ Plain Words pp 16, 117–8
Longman English Usage p 631
Partridge p 294
sanction
[as a verb]

usage—consider alternatives before using
try—approve / permit / allow / authorise / recasting (using may) / impose a
penalty / penalise / confirm / no change
extra information
1 formal word that can be ambiguous
2 Prefer an alternative if appropriate.
example of change
The Minister must sanction approve the transfer.
further reading
Fowler’s English Usage p 688
Garner’s Dictionary p 780
Garner’s Legal Style p 139
Right Words pp 361–2
Working Words p 482
Words and Phrases: A Guide to Plain Legal Language
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sans

usage—avoid using if possible
try—without
extra information
foreign word
example of no change
sans serif type
example of change
sans without advertisements
further reading
Fowler’s English Usage p 689
Garner’s Dictionary p 781
Longman English Usage p 631
Working Words p 482
satisfy

usage—consider alternatives before using
try—comply with / complete / fill in / carry out / perform / fulfil / answer /
meet / convince / make certain / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate.
see also—pay, satisfy and discharge
example of no change
if the chief executive is satisfied
examples of change
1 The notice may specify how it must be satisfied complied with.
2 An applicant must satisfy meet the requirements of the section. [or comply with
the section]
further reading
Longman English Usage p 632 (satisfied, happy)
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save
[as preposition or conjunction]

usage—never use
try—except (for) / but / other than / subject to / unless / recasting
extra information
archaism
examples of change
1 save as prescribed by except for …
2 All the plaintiff’s claims, save except the claims based on contract, have been
accepted.
further reading
Cutts p 30
Fowler’s English Usage p 692
Garner’s Dictionary p 781
Hudson p 35 (archaism)
Longman English Usage p 632
Partridge p 294
save and except

usage—never use
try—except / other than / subject to / unless / recasting
extra information
1 doublet
2 archaism
further reading
Garner’s Dictionary pp 293 (doublets, triplets and synonym-strings), 782
Gowers’ Plain Words p 60
scarcely … than

usage—never use
try—scarcely … when / scarcely … before / recasting
extra information
1 Because scarcely is not a true comparative, the use of scarcely with than in
comparative structures has been criticised. Since there is usually little to be
gained by using than with scarcely, an alternative should be used.
2 Because scarcely means ‘almost not’, it should not be used with another
negative.
example of change
He had scarcely just opened the door than when the telephone rang.
further reading
Cambridge Style Guide pp 329 (hard or hardly), 677 (scarcely), 746 (than)
Fowler’s English Usage pp 693 (scarcely), 770 (than)
Gowers’ Plain Words p 231 (hard, hardly)
Longman English Usage p 332 (hardly, barely, scarcely)
Partridge p 144 (hardly….than)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
scenario

usage—consider alternatives before using
try—scheme / plan / program / outline / prediction / possible state of affairs / idea /
development / no change
extra information
1 vogue word
2 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary p 919 (vogue words)
Garner’s Legal Style p 34 (worst-case scenario)
Gowers’ Plain Words p 261
Longman English Usage pp 633–4
Partridge p 379 (vogue words)
sealed
see—signed, sealed and delivered
seasonable

usage—consider alternatives before using
try—seasonal / no change
extra information
Seasonable means in keeping with the season. It affirms that what is described is
right for the time of the year and is to be expected then. By contrast, seasonal
means changing with, depending on, or associated with, the season. It reflects the
periodic character of the seasons and is a neutral word.
examples of no change
1 Hot weather is seasonable in Canberra for January.
2 Grape picking is seasonal work.
further reading
Cambridge Style Guide p 679
Fowler’s English Usage p 697
Garner’s Dictionary p 785
Garner’s Legal Style p 139
Gowers’ Plain Words p 261
Longman English Usage p 636
Partridge p 296
seasonal
see—seasonable
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
secondly

usage—never use
try—second
further reading
Cambridge Style Guide p 280
Longman English Usage p 280 (firstly)
Working Words p 225
seems

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
weasel word
see also—it seems
further reading
Garner’s Dictionary p 787
semble

usage—avoid using if possible
try—it seems / omitting
extra information
legalese
example of change
…but, semble, the point may still be arguable.
further reading
Garner’s Dictionary p 790
senior … than

usage—never use
try—senior … to / recasting
extra information
Because senior is not a true comparative, the use of senior with than in comparative
structures has been criticised. (The same criticism applies to junior … than.) Since
there is little to be gained by using than with senior, senior … to or recasting should
be used.
see also—hardly … than; scarcely … than; superior … than
further reading
Cambridge Style Guide p 746 (than)
Fowler’s English Usage p 770 (than)
Words and Phrases: A Guide to Plain Legal Language
October 2006
S–6
S
sense
see—my sense is that
sensual

usage—consider alternatives before using
try—sensuous / no change
extra information
Depending on the context, sensual can be a value loaded word, hinting at lust and
gratification of physical senses and appetites (including sexual ones).
further reading
Cambridge Style Guide p 682
Fowler’s English Usage p 701
Garner’s Dictionary p 791
Garner’s Legal Style p 139
Longman English Usage p 640
Partridge p 299 (sensual, sensuous, sensory)
separate and apart

usage—avoid using if possible
try—separate / apart
extra information
doublet
further reading
Garner’s Dictionary pp 292–4 (doublets, triplets and synonym-strings), 794
separate and distinct

usage—avoid using if possible
try—separate / distinct
extra information
doublet
further reading
Garner’s Dictionary pp 292–4 (doublets, triplets and synonym-strings), 794
sequential order

usage—never use
try—in order / in sequence / sequentially / recasting
extra information
redundancy
example of change
The books were arranged in sequential order by accession date.
further reading
Garner’s Dictionary p 795
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
seriatim

usage—never use
try—in a series / in turn / one after another / in sequence / successively / serially /
one at a time / in the same order
extra information
foreign word
example of change
The claims were dealt with seriatim one after another.
further reading
Garner’s Dictionary p 796
Partridge p 299
servant

usage—consider alternatives before using
try—employee / no change
extra information
1 Dated word with negative overtones in some contexts.
2 Prefer an alternative if appropriate.
example of no change
public servant
example of change
servant employee or agent
further reading
Garner’s Dictionary pp 312 (employer and employee; master and servant), 550 (master)
Longman English Usage pp 674–5 (staff)
service
[as a verb]

usage—consider alternatives before using
try—serve / satisfy / no change
extra information
Prefer an alternative if appropriate.
examples of no change
1 The mechanic serviced the car.
2 The rent serviced the loan.
example of change
A branch is to be established to service serve the needs of the town.
further reading
Fowler’s English Usage p 704
Garner’s Dictionary p 796
Gowers’ Plain Words p 28
Longman English Usage p 643
Partridge p 299
Words and Phrases: A Guide to Plain Legal Language
October 2006
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serviceable

usage—consider alternatives before using
try—useful / durable / wearing well / in working order / working (well) / no change
extra information
Prefer an alternative if appropriate.
example of change
The operator must ensure that the aircraft’s emergency systems are serviceable in
working order.
servitude

usage—avoid using if possible
try—recasting (using, eg easement / land subject to an easement / land benefited by
an easement / imprisonment)
extra information
1 formal word
2 Technical legal word with simpler alternatives.
further reading
Butterworths Legal Dictionary p 1071
Garner’s Dictionary p 797
Mellinkoff’s Dictionary pp 186–9 (easement/servitude)
set out

usage—consider alternatives before using
try—state / include / mention / required by / specify / explain / arrange /
omitting / recasting / no change
extra information
1 Prefer an alternative if appropriate.
2 For the use of state, mention and set out, see state.
examples of no change
1 The approved standard must be set out in the regulation.
2 the map set out in the schedule [or omit ‘set out’]
examples of change
1 the corporation’s progress in achieving financial and other performance targets
set out stated in its current operational plan
2 The application must set out state the grounds on which the warrant is sought.
3 The document does not set out include a statement of reasons for the decision.
4 the markings set out in required by chapter 6
5 the markings set out mentioned in chapter 4
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
several

usage—consider alternatives before using
try—separate / different / respective / individual / various / some / omitting / no
change
extra information
1 legalese
2 becoming archaism in many contexts
3 Prefer an alternative if appropriate.
4 By contrast with a few, several (for a number) cannot be qualified with quite or
only.
see also—jointly and severally
example of no change
Several spectators left the game early in disgust.
examples of change
1 They went their several different ways.
2 He called on 3 several separate occasions. [or He called 3 times.]
3 She outlined the several steps in the process.
further reading
Cambridge Style Guide pp 275–6 (few or a few)
Fowler’s English Usage p 705
Garner’s Dictionary p 799
Right Words p 367
shall


usage—never use (in legislation)
avoid using if possible (elsewhere)
try—must / will / recasting
extra information
Traditionally, shall is used for the first person, simple future tense (eg ‘I/We shall
go to town tomorrow’), and will is used for the second or third person simple future
tense (eg ‘You/he/they will go to town tomorrow’). Avoid the use of shall or will in
the first person simple future tense in legislation by recasting. Elsewhere, if
possible, avoid the use of shall by using must or will or recasting.
further reading
Cambridge Style Guide pp 687–8 (shall or will)
Cutts pp 30, 36-7
Cwlth OPC Plain English p 20
Fowler’s English Usage pp 706–7 (shall and will)
Garner’s Dictionary pp 830–1 (statute drafting), 939–42 (words of authority)
Garner’s Legal Style p 139 (shall; will)
Gowers’ Plain Words pp 141–2 (shall and will)
Longman English Usage p 646 (shall, will)
NZ Legislation Manual p 43
Partridge pp 300–2 (shall and will)
Words and Phrases: A Guide to Plain Legal Language
October 2006
S–10
S
she

usage—avoid using if possible
try—recasting (avoiding gender-specific personal pronouns)
extra information
1 Avoid personal pronouns in the masculine or feminine form as far as possible. If
it is necessary to use a personal pronoun, both masculine and feminine forms
should be used, eg he or she. The neuter form need not be used (see LA, s 145
(a)).
2 The use of he or she occasionally in a document is appropriate, but it makes the
text laboured and cumbersome if used repeatedly. It also gives rise to
unnecessary argument, eg whether she should be used before he and, if so, how
often. Usually it is convenient (and often clearer) to repeat the relevant noun, eg
the applicant, the judge, the authorised person. He or she should, therefore, be
used only where it is idiomatically required.
3 If a provision applies only to the neuter form (eg to a corporation), a personal
pronoun in the neuter form only (eg ‘it’) may be used wherever appropriate.
4 They can be used to avoid personal pronouns in the masculine and feminine
forms. It works well if the sentence is written in the plural. However, this kind
of sentence is usually not suitable for legal drafting.
5 The use of the pronoun they (or their) to refer to a singular subject is now
increasing, eg ‘If a person wishes to apply for a licence, they must complete a
driving test’. However, the use of they (or their) is still contentious and it should
only be used as a last resort.
6 In some situations you can be substituted. It creates a style that addresses the
reader much more directly. However, it should be clear to the reader who you is.
This approach is still a fairly novel one for legislation and needs to be used with
caution.
further reading
Cambridge Style Guide pp 331–3 (he and/or she)
Cwlth OPC Plain English p 18
Corporations Law Simplification Task Force paper on singular use of they
Fowler’s English Usage p 358 (he or she)
Garner’s Dictionary pp 799–803 (sexism)
Garner’s Legal Style pp 45, 200–3
Gowers’ Plain Words pp 118–19 (they for he or she)
New Oxford Dictionary pp 844-5 (he), 1711
Right Words p 154 (the female critique)
Working Words pp 184 (discriminatory language), 245 (he/she)
Words and Phrases: A Guide to Plain Legal Language
October 2006
S–11
S
short supply
see—in short supply
should

usage—consider alternatives before using
try—must / would / no change
extra information
1 Use must if a duty is to be imposed (see LA, s 146 (Meaning of must and may).
2 Should may be used in legislation only in provisions that are not intended to
have substantive legal effect, eg objects clauses. In a provision of this kind,
should can be useful to make it clear that the provision is not intended to impose
a legally enforceable duty, eg that the provision is intended to be directory.
3 Should can be used to express an assumption about what is likely, eg ‘The draft
should be ready by tomorrow’. Should is also used in subordinate clauses to
express a judgment, plan, reaction or wish, eg ‘The meeting agreed that the
committee should start work immediately’.
4 By contrast, would is now the usual way to express the hypothetical future, eg ‘I
said that I would have the draft ready tomorrow’. In particular, there is no longer
any rule requiring the use of should in the first person. Would is also used to
express a willingness or preference, eg ‘I would like to come’.
example of no change
The committee must make recommendations to the chief executive about the
sanctions the chief executive should consider.
further reading
Cambridge Style Guide pp 691–3 (should or would)
Cutts p 37
Fowler’s English Usage p 711 (should and would)
Garner’s Dictionary pp 805, 942 (words of authority)
Gowers’ Plain Words p 143
Longman English Usage p 649 (should, would)
Partridge pp 397–8 (would and should)
Right Words p 370 (should/would)
Working Words p 491 (should/would)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
show cause

usage—avoid using if possible
try—recasting (using, eg give reasons / make representations)
extra information
1 legalese
2 Show cause means to give a legally satisfactory reason why action should (or
should not) be taken.
3 If possible, use an alternative.
example of change
1 The defendant must show cause give a satisfactory reason why summary
judgment should not be entered for the plaintiff.
2 The registrar may take disciplinary action against a person only if the person has
been given a reasonable opportunity to show cause give reasons why the
disciplinary action should not be taken. [Note The ‘reasonable opportunity’
should be fully spelt out in the legislation.]
further reading
Butterworths Legal Dictionary p 1082 (show cause) and (show cause notice)
Garner’s Dictionary pp 805-6
New Oxford Dictionary p 1724 (show)
sibling

usage—consider alternatives before using
try—brother(s) / sister(s) / brother(s) and sister(s) / recasting (using a defined
term) / child / kin / no change
extra information
Prefer a less formal word if appropriate.
further reading
Fowler’s English Usage p 712
Garner’s Dictionary p 806
Gowers’ Plain Words p 261
Longman English Usage p 651
Words and Phrases: A Guide to Plain Legal Language
October 2006
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[sic]

usage—avoid using if possible
try—recasting
extra information
1 foreign word
2 Sic should be used only to indicate that a quote is reproduced as it appeared in
the original document. It should be used selectively, and never as a snide form
of criticism.
3 It is usually better to quote without editorial interpolation, even if the quoted
material contains an obvious error. The use of sic can excessively highlight the
error, and can trivialise the quote or impliedly criticise its author.
4 It is often more sensible to avoid erroneous words and phrases by paraphrasing
or ellipsis. Errors can also be pointed out using less obtrusive techniques, eg an
appropriately worded footnote.
further reading
Cambridge Style Guide pp 694
Cutts p 39
Fowler’s English Usage p 712
Garner’s Dictionary pp 806–7
Longman English Usage p 651
Partridge p 302
Right Words p 370
Working Words p 492
signed, sealed and delivered

usage—avoid using if possible
try—recasting
extra information
1 triplet
2 Signed, sealed and delivered does not have a completely clear legal meaning.
further reading
Garner’s Dictionary p 808
Law Words 1995 pp 83–5
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
significant

usage—consider alternatives before using
try—important / considerable / substantial / recasting (using more precise
words) / no change
extra information
1 vague, weasel word
2 Prefer a more precise alternative if appropriate
further reading
Garner’s Dictionary p 572 (weasel words)
Garner’s Legal Style p 32
Gowers’ Plain Words pp 261–2
simple / simply

usage—consider alternatives before using
try—omitting / recasting (using more ‘neutral’ words) / no change
extra information
1 The use of simple or simply can be depreciative or dogmatic.
2 Prefer a more ‘neutral’ alternative if appropriate.
examples of no change
1 fee simple
2 simple interest
example of change
The existence of native title is simply not relevant in this case.
further reading
Garner’s Legal Style pp 36–7
simpliciter

usage—never use
try—simply / taken alone / taken by itself / summarily / unconditionally /
absolutely / on its own
extra information
foreign word
further reading
Garner’s Dictionary pp 366 (forbidden words and phrases—A. generally useless words and
phrases), 809
Garner’s Legal Style p 186
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
simplistic

usage—consider alternatives before using
try—simple / no change
extra information
1 Simplistic means excessively simple.
2 Since simplistic itself contains the idea of ‘too much’, do not use over simplistic.
further reading
Cambridge Style Guide p 695 (simple or simplistic)
Fowler’s English Usage p 714
Garner’s Dictionary pp 809–10
Hudson p 305 (ploddery (simplistic for simple))
Longman English Usage p 653
Partridge p 305
sine die

usage—never use
try—indefinitely / without fixing a day
extra information
foreign phrase
example of change
The court adjourned the hearing sine die indefinitely.
further reading
Butterworths Legal Dictionary p 1084
Cambridge Style Guide p 696
Cutts p 39
Fowler’s English Usage p 714
Garner’s Dictionary p 810
Longman English Usage p 654
Partridge p 306
Working Words p 493
sine qua non

usage—never use
try—recasting (using essential / indispensable / necessary / necessity)
extra information
foreign phrase
example of change
It was a sine qua non an essential part of our agreement that you would meet all
out-of-pocket expenses.
further reading
Butterworths Legal Dictionary p 1084
Cambridge Style Guide p 696
Fowler’s English Usage p 714
Garner’s Dictionary p 810
Longman English Usage p 654
Partridge p 306
Working Words p 493
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
singular
see—all and singular
situate

usage—never use
try—situated / it is / omitting / recasting
extra information
archaism
example of change
I give all my property, wherever situate it is, to … [or omit ‘, wherever situate,’]
further reading
Fowler’s English Usage p 716
Garner’s Dictionary p 811
Longman English Usage p 655
Partridge p 306
situation

usage—consider alternatives before using
try—location / position / condition / plight / state of affairs / omitting / recasting
(using more precise words) / no change
extra information
1 vague, vogue word
2 can lead to woolly writing
3 Prefer an alternative if appropriate.
examples of change
1 The situation location of the photocopier is unsuitable.
2 The parties are in a conflict situation.
further reading
Fowler’s English Usage p 716
Garner’s Dictionary p 811
Gowers’ Plain Words pp 4, 190, 253–4
Longman English Usage pp 655–6
Partridge pp 4 (abstract nouns—situation), 369 (vogue words)
Right Words p 372
Working Words pp 494–5
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
so

usage—consider alternatives before using
try—as / very / much / therefore / recasting / no change
extra information
1 So can be useful to refer back to lengthy or complex concepts (see example 2,
examples of no change). However, it should be used sparingly for this purpose
and care should be taken to avoid possible ambiguity or momentary uncertainty.
2 Because so has a number of meanings, care needs to be taken to avoid ambiguity
in other contexts.
see also—as/so far as … is/are concerned; as/so long as; at least as/so far as is/are
concerned; in so much as
examples of no change
1 If a traffic sign is installed at or near a place so that a person parking at the place
is likely to see the sign, …
2 (1) An employer must not reduce an employee’s remuneration because an
application has been made under this division.
(2) If an employer purports to do so, the reduction is ineffective.
examples of change
1 unless the person has a reasonable excuse for doing so
2 it is to be read so that it authorises taken to authorise
3 while the vehicle is being driven so as far as is necessary to obtain a permit
4 He cannot write so very well.
further reading
Cambridge Style Guide pp 701–2
Fowler’s English Usage pp 720–2
Garner’s Dictionary pp 813–14
Longman English Usage pp 659–60
Partridge p 312
sole and exclusive

usage—never use
try—exclusive / only / recasting
extra information
doublet
further reading
Garner’s Dictionary pp 294 (doublets, triplets and synonym-strings), 816
Words and Phrases: A Guide to Plain Legal Language
October 2006
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some
see—in some instances; somewhat
somewhat

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 hedge word (diminisher)—weasel word
2 vague word
3 Prefer an alternative if appropriate.
further reading
Cambridge Style Guide p 336 (hedge words)
Garner’s Dictionary pp 817, 926 (weasel words)
Garner’s Legal Style p 192
soon
see—as soon as is possible/practicable; as soon as possible; as soon as
practicable; as soon as reasonably possible/practicable
sort of

usage—avoid using if possible
try—omitting / recasting (using more precise words) / kind of / somewhat /
rather
extra information
1 Do not use sort of as a hedge word (diminisher)—weasel word or a fudge word,
eg ‘It was sort of cold’.
2 Do not use sort of with the plural, eg ‘those or these sort of things’.
3 can be non-standard English
further reading
Cambridge Style Guide p 427 (kind of)
Fowler’s English Usage p 728 (sort)
Garner’s Dictionary p 818
Garner’s Legal Style p 123 (kind of; sort of)
Gowers’ Plain Words p 134 (these kinds of things)
Longman English Usage p 398 (kind, sort)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
southerly (direction) / southwardly / southward(s)
see—easterly (direction)/eastwardly/eastwards
spearhead
[as a verb]

usage—avoid using if possible
try—head / lead / direct
extra information
vogue word
example of change
She was appointed to spearhead head our quality program.
further reading
Gowers’ Plain Words p 262
Longman English Usage p 665
specific

usage—consider alternatives before using
try—particular / omitting / no change
extra information
Specific is occasionally used unnecessarily in writing, particularly for emphasis.
example of change
This specific section deals with …
further reading
Gowers’ Plain Words p 54
Words and Phrases: A Guide to Plain Legal Language
October 2006
S–20
S
specify

usage—consider alternatives before using
try—mention / state / name / nominate / set out / omitting / recasting / no
change
extra information
1 Be careful not to draw artificial distinctions in legislation by using different
words to say essentially the same thing, eg do not say in one provision ‘a person
mentioned in section X’, and then in another provision say ‘a (thing) specified in
section Y’, if the person or thing is only being identified by the reference.
2 Take particular care in legislation not to draw unnecessary distinctions in
provisions between state and specify as this can create an artificially complex
structure.
3 Prefer mention or state if appropriate. For the use of mention, state and set out,
see state.
examples of change
1 a standard specified mentioned in paragraph (a)
2 an offence provision specified mentioned in schedule 2, column 2
3 a test specified in required by chapter 4
4 someone else specified nominated by the authority
5 Do not exceed the maximum permitted filling ratio specified in under
chapter 10.
6 If chapter 10 specifies the way in which the goods are to be transferred applies
to the transfer of the goods, …
7 the day specified stated by the applicant
8 endangered species means a species specified mentioned in the schedule.
9 A map of the area is specified set out in the schedule.
spectrum

usage—consider alternatives before using
try—range / no change
extra information
vogue word
example of no change
the radio-frequency spectrum
example of change
a spectrum range of views
further reading
Gowers’ Plain Words p 262
Longman English Usage p 666
Words and Phrases: A Guide to Plain Legal Language
October 2006
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S
standpoint

usage—consider alternatives before using
try—recasting / no change
extra information
1 vogue word
2 Standpoint (like angle, point of view and viewpoint) can be useful if
appropriately used. However, it is sometimes used as a refuge from the trouble
of precise thought, and provides a clumsy way of saying something that could be
said more simply and effectively.
further reading
Fowler’s English Usage p 604 (point of view)
Garner’s Dictionary p 916 (viewpoint; point of view; standpoint)
Gowers’ Plain Words pp 61–2
Longman English Usage p 546 (point of view, standpoint, viewpoint)
Partridge p 330
start

usage—consider alternatives before using
try—begin / commence / no change
extra information
For the use of begin and start, see commence.
state
[as a verb]

usage—consider alternatives before using
try—mention / declare / say / specify / set out / fix / tell / inform / no
change
extra information
1 State is much stronger than say and similar words, and should be reserved for
formal or impressive contexts. State should be used for the initial declaration of
something. To avoid the problem of elegant variation, prefer state for this
purpose to alternatives such as specify or stipulate if appropriate. In less formal
contexts, however, prefer a simpler alternative, eg tell.
2 Mention should be used for cross-references, eg ‘a person mentioned in section
X’. Be careful not to draw artificial distinctions in provisions by using different
words to say essentially the same thing, eg do not say in one provision ‘a person
mentioned in section X’, and then in another provision say ‘a (thing) stated in
section Y’, if the person or thing is only being identified by the reference. Use
mention consistently for cross-reference purposes to avoid the problem of
elegant variation in cross-references.
Words and Phrases: A Guide to Plain Legal Language
October 2006
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state
[as a verb] [continued]
3 The use of mention for cross-referencing purposes is supported by the comments
of Dixon CJ in Tooheys Limited v Commissioner for Stamp Duties (1960) 105
CLR 602 at 612. That case concerned the application of the NSW Stamp Duties
Act to a trust made by Tooheys. A declaration of trust was defined as an
instrument under which property was held in trust for the persons or purposes,
‘mentioned therein’. No particular persons were mentioned in the trust made by
Tooheys. Dixon CJ held that ‘This argument appears to me to limit too narrowly
the meaning of the phrase in which the word “mentioned” occurs. It may be
conceded that the word “mentioned”, when applied to persons and objects,
usually imports or implies some reference which identifies them by name or
designation. … But it is apparent from the subject matter with which we are
concerned … that there is no point manner of identifying, describing or defining
the objects of the trust declared and that the word “mentioned” is used in as
wide a sense as “referred to” or “described”.’
4 Use set out if a document, map, diagram or other item is being incorporated
into, and reproduced in, an instrument, eg ‘the map set out in the schedule’, or
simply say ‘the map in the schedule’.
see also—described; referred to; listed
examples of no change
1 The application must state the grounds on which the warrant is sought.
2 the day stated by the applicant
examples of change
1 the corporation’s progress in achieving financial and other performance targets
stated in its current operational plan
2 a standard stated mentioned in paragraph (c)
3 an offence provision stated mentioned in schedule 2, column 2
4 endangered species means a species stated mentioned in the schedule
5 the map stated set out in the schedule [or in]
further reading
Gowers’ Plain Words p 18
Longman English Usage p 677
Partridge p 331 (state and say)
statement
see—make a statement
State of

usage—consider alternatives before using
try—omitting / no change
example of change
the State of New South Wales
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S
state-of-the-art

usage—consider alternatives before using
try—recasting / no change
extra information
vogue word
further reading
Garner’s Dictionary pp 828, 919 (vogue words)
Garner’s Legal Style p 34
Partridge p 379 (vogue words)
steps
see—take steps to
stipulate

usage—avoid using if possible
try—set / state / impose / require / insist on / ask / provide (for)
extra information
1 formal word
2 Stipulate originated in the language of contracts and is not appropriate for
statutory contexts.
examples of change
1 A determination must stipulate set standards to be followed.
2 The application must stipulate state the following details: …
further reading
Cutts p 30
Garner’s Dictionary pp 833–4
stop
see—cease
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S
strangely / strange

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 Strangely is a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Strangely and strange are value-loaded words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs)
structure
[as a verb]

usage—consider alternatives before using
try—organise / set up / prepare / form / no change
extra information
formal word
subject of

usage—consider alternatives before using
try—recasting / no change
extra information
legalese
examples of change
1 a block that is the subject of a declaration declared to be reserved under
2 The approval need not be the subject of an application applied for.
further reading
Garner’s Dictionary p 839
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subject to

usage—avoid using if possible
try—with / under / on / omitting / recasting (using, eg  However)
extra information
1 legalese
2 General expressions like subject to this Act/this regulation are very unhelpful to
readers, lead to loose drafting and may give rise to legal uncertainty. They must,
therefore, never be used. The provisions to which the relevant provision is
subject should always be identified (as precisely as possible) or the provisions
recast to make it clear what provisions are the dominant ones.
3 It is not necessary to provide expressly that a provision is subject to another
provision if this appears unambiguously from the provisions themselves. The
relationship between provisions can often be clarified by rearrangement.
4 Consider if it is appropriate to break a section (or equivalent) into 2 or more
subsections. For example, the section, ‘Subject to section X, Y and Z, a person
may fish for gemfish in the fishery only if the person has a gemfish fishing
right.’, may be rewritten as:
‘(1) A person may fish for gemfish in the fishery only if the person has a
gemfish fishing right.
‘(2) This section applies subject to:
•
•
•
section X (section heading)
section Y (section heading)
section Z (section heading).’
5 Alternatively, use However (if necessary after rearranging the order of
provisions).
see also—under and subject to
example of no change
Subsection (2) has effect subject to any relevant industrial award or agreement.
examples of change
1 (1) Subject to subrule (2), a A document in accordance with a form in
schedule 1 must have a cover sheet.
(2) A However, a document in accordance with form 45 or form 45A must not
have a cover sheet. [or recast to put the exceptions in subrule (1) and omit
subrule (2)]
2 to be read subject to the modifications with the changes necessary to …
3 … subject to under any artificial confinement
4 The licence is renewed subject to on conditions.
5 whether the person is or has been subject to a domestic violence order has been
made against the person
further reading
Garner’s Dictionary p 840 (subject to the provisions of this Act)
NZ Legislation Manual pp 43–4 (notwithstanding—subject to)
Piesse pp 89–91
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submit

usage—consider alternatives before using
try—refer / send / give / state / subject / say / put / make / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
see also—would argue/contend/submit
example of no change
The company submitted [or made] a bid for the land.
examples of change
1 The committee must submit give a report to the Minister.
2 Counsel submitted said that he had not received the doctor’s report before the
hearing.
further reading
Longman English Usage p 685
subscribe

usage—consider alternatives before using
try—sign / recasting (using agree (with) / think / consent (to) / approve (of)) / no
change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
He subscribed to the magazine as soon as it became available.
examples of change
1 The summons must be subscribed signed by the magistrate who issues it.
2 I subscribe to agree with the view set out in the dissenting judgment.
further reading
Garner’s Dictionary p 846
subsequent to

usage—avoid using if possible
try—after
extra information
1 compound preposition
2 officialese
further reading
Garner’s Dictionary pp 846–7
Garner’s Legal Style pp 140, 184
Gowers’ Plain Words pp 55, 110
Partridge p 338
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subsequently

usage—consider alternatives before using
try—after / afterwards / later / then / following / consequently / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of change
If the corporation subsequently later establishes a superannuation scheme, …
further reading
Garner’s Dictionary p 846
Gowers’ Plain Words p 262
Longman English Usage p 686
Working words p 131 (consequent/consequential/subsequent)
subsist

usage—consider alternatives before using
try—exist / live / recasting / omitting / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
examples of change
1 The relationship subsisting between the parties when the contract was signed
was one of mutual trust.
2 They were able to subsist live on wild berries. [or They lived on wild berries.]
further reading
Garner’s Dictionary p 847
substantial
[also substantially]

usage—consider alternatives before using
try—considerable / big / large / omitting / recasting (using more precise words) /
no change
extra information
1 vague word
2 can be a weasel word
3 Prefer a more precise alternative if appropriate.
examples of no change
1 substantial performance
2 Strict compliance with an approved form is not necessary and substantial
compliance is sufficient.
further reading
Garner’s Dictionary p 926 (substantially in weasel words)
Gowers’ Plain Words p 52
Longman English Usage p 686 (substantial, substantive)
Partridge p 338 (substantial and substantive)
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substitute

usage—consider alternatives before using
try—replace / no change
extra information
Substitute and replace are complementary words. Substitute means to put a person
or thing in the place of another. Replace means, among other things, to take the
place of another person or thing.
example of change
The object of the scheme was to substitute replace exports with domestically
produced goods.
further reading
Cambridge Style Guide pp 654–5 (replace or substitute)
Fowler’s English Usage p 748
Garner’s Dictionary p 848
Gowers’ Plain Words p 263
Longman English Usage pp 686–7
Partridge p 284 (replace; substitute)
subtenancy

usage—consider alternatives before using
try—sublease / no change
extra information
formal word
further reading
Garner’s Dictionary pp 844 (sublease etc), 848
succeeding
[as a preposition]

usage—never use
try—after /  next /  following / recasting
extra information
formal word
example of change
the day next / immediately succeeding after
further reading
Garner’s Dictionary p 848
Partridge p 338 (succeed and follow)
successor
see—heirs, executors, administrators, successors and assigns
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such

usage—avoid using if possible
try—the / that / this / these / those / as / a / an / any / omitting /
recasting / like / similar
extra information
1 Do not use such if an article (the, that, this, these or those) can be used (see
example 1, examples of change).
2 Do not use the such … as form if it is not necessary(see examples 2–4, examples
of change).
3 Such … that/which/who should not be used for such … as.
see also—as such; during such time as; until such time as
examples of change
1 A member is entitled to be paid such the remuneration and allowances as the
Minister decides.
2 within 6 months or such a [or any] longer period as allowed by the chief
executive allows
3 take such steps as are appropriate steps [or take appropriate steps]
4 subject to such conditions as are decided by the Minister [or subject to the
conditions / the conditions (if any) decided by the Minister]
5 if no such an audit has not been carried out
6 before making or revoking a declaration under subsection (1) or revoking such a
declaration
7 nuts such as like almonds and walnuts
8 The instrument was structured in such a way that made it difficult to read. [or
The instrument’s structure made it difficult to read.]
further reading
Cambridge Style Guide pp 725–6 (such and such as)
Dick pp 137–41
Dickerson p 131
Fowler’s English Usage pp 749–50
Garner’s Dictionary p 849
Garner’s Legal Style pp 140, 187
Gowers’ Plain Words p 114
Longman English Usage pp 687–8
Partridge pp 338-9
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suffer

usage—consider alternatives before using
try—permit / allow / have / recasting (using, eg may) / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of no change
The accident victim suffered patiently.
examples of change
1 The owner of premises must not suffer allow the premises to be used for …
2 The organisation must agree to make good any loss suffered by of a care
recipient.
further reading
Garner’s Dictionary p 850
Longman English Usage p 688
suffice

usage—never use
try—do / recasting (using enough / adequate / sufficient / appropriate /
satisfactory)
extra information
1 formal word
2 Prefer recasting using enough if appropriate.
3 For the use of enough, see sufficient.
example of change
Two copies of the document will suffice do.
further reading
Gowers’ Plain Words p 263
Longman English Usage p 688
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sufficient
[also sufficiently]

usage—consider alternatives before using
try—enough / adequate / reasonable / omitting / no change
extra information
1 formal word
2 Prefer enough if appropriate.
3 However, whenever considerations of quality or kind are essential, sufficient or
adequate is the better word (see example 1, examples of no change).
4 Adequate means suitable to the occasion or circumstances. It can apply to
quality as well as quantity, eg ‘an adequate performance’.
5 Sufficient means enough for a particular need or purpose. It implies a quantity
adequate for a particular need or to fulfil a particular purpose. It does not imply
measuring up to a standard. It emphasises instead the end being sought; the
degree to which something contributes to the achievement of the end is what
makes the thing sufficient or insufficient.
see also—good and sufficient
examples of no change
1 A peppercorn can be sufficient consideration for a contract even though it is not
adequate consideration.
2 a jurisdiction of local government sufficient to allow …
3 If the child is in need of care and family members cannot provide sufficient
care,...
examples of change
1 this Act does not make provision or sufficient adequate provision
2 it is sufficient enough to show that a representative had the state of mind
3 a sufficient number enough
further reading
Cutts p 30
Fowler’s English Usage pp 251–2 (enough, sufficiently)
Garner’s Dictionary pp 23 (adequate; sufficient), 850 (sufficient number of)
Garner’s Legal Style p 184 (sufficient number of)
Howard’s Guide p 9 (adequate, enough or sufficient)
Howard’s Handbook p 153 (enough/sufficient/adequate)
Longman English Usage p 245 (enough, sufficient)
Partridge pp 330–1 (sufficient and enough)
Use the Right Word p 9
suggested
see—it is (respectfully) suggested that
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sui generis

usage—never use
try—unique / one of a kind
extra information
foreign phrase
further reading
Cambridge Style Guide pp 727–8
Garner’s Dictionary pp 851–2
Garner’s Legal Style pp 140, 187
sui juris

usage—never use
try—of full legal capacity
extra information
foreign phrase
further reading
Garner’s Dictionary pp 851–2
Garner’s Legal Style p 140
suitable
see—fit and suitable/fitting and proper
sum

usage—consider alternatives before using
try—quantity / amount / total / no change
extra information
Prefer an alternative if appropriate.
example of no change
the sum of human experience
example of change
the sum total of the amounts
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summon
[as a verb]

usage—consider alternatives before using
try—send for / call (eg for / together / into action) / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary p 370 (formal words)
Longman English Usage p 689
superior … than

usage—never use
try—superior … to / better than / greater than / recasting
extra information
Because superior is not a true comparative, the use of superior with than in
comparative structures has been criticised. (The same criticism also applies to
inferior … than.) Since there is little to be gained by using than with superior, an
alternative should be used.
see also—hardly … than; scarcely … than; senior … than
further reading
Cambridge Style Guide p 746 (than)
Fowler’s English Usage pp 753 (superior), 770
Longman English Usage p 690
Partridge pp 71 (false comparatives), 154 (inferior (or superior) than)
supersede

usage—avoid using if possible
try—replace / set aside
extra information
formal word
example of change
until it is superseded replaced
further reading
Garner’s Dictionary p 855
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supplementary

usage—consider alternatives before using
try—additional / extra / more / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
examples of change
1 supplementary additional benefit
2 The instructions are supplementary additional to …
further reading
Gowers’ Plain Words p 263
supply
see—in short supply
support
see—in support of
sure
see—make sure
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sustain

usage—consider alternatives before using
try—bear / undergo / experience / suffer / keep (eg up / going / from giving way)
/ supply / support / confirm / uphold / receive / get / have / recasting / no change
extra information
1 formal word
2 Sustain implies endurance without giving way or yielding, not only the fact of
something adverse.
3 Prefer an alternative if appropriate.
examples of change
1 damages for injury or loss sustained received
2 sustain a broken arm break an arm
3 The beam sustained bore [or carried] the weight of the pulley.
4 sustain keep up a conversation
5 The town was sustained supplied with food by air.
6 The applicant’s claim was sustained upheld.
7 The site can sustain support a viable multi-purpose sports centre.
8 If the trust sustains makes a loss on an investment, the trustees must set aside
funds to cover the loss.
further reading
Fowler’s English Usage pp 756–7
Garner’s Dictionary p 862
Longman English Usage p 693
Partridge p 339
syndrome

usage—consider alternatives before using
try—disease / condition / attitude / recasting / no change
extra information
1 vogue word
2 A syndrome is a set of symptoms that may suggest a disease or medical
condition. It is not the disease or condition itself.
further reading
Fowler’s English Usage p 759
Gowers’ Plain Words p 263
Longman English Usage p 695
Partridge p 369 (vogue words)
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take a decision

usage—never use
try—decide
extra information
verbosity
take exception to

usage—consider alternatives before using
try—object to / disagree with / no change
extra information
verbosity
further reading
Garner’s Dictionary p 866
taken
see—is to be taken
take steps to

usage—consider alternatives before using
try—omitting / recasting (using more direct words) / no change
extra information
1 verbosity
2 Prefer a more direct alternative if appropriate.
example of no change
Steps have been taken to acquire land for the new school.
example of change
I will take steps to refund your application fee.
further reading
Gowers’ Plain Words p 63
tanto
see—pro tanto
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target

usage—consider alternatives before using
try—goal / ambition / purpose / aim / object / no change
extra information
1 vogue word
2 Avoid illogical metaphorical uses of target, eg ‘Target in danger’ to mean that
the target is in danger of not being reached (see Gowers, p 264).
further reading
Fowler’s English Usage p 763
Gowers’ Plain Words pp 40, 75, 88, 263–4
Partridge p 369 (vogue words)
telephonic

usage—consider alternatives before using
try—telephone / recasting/ no change
extra information
needless, more formal variant for telephone
example of change
telephonic telephone warrant
further reading
Garner’s Dictionary p 868
tenancy

usage—consider alternatives before using
try—lease / term / no change
extra information
formal word with a number of legal meanings in land law.
examples of no change
1 The owner cannot terminate the occupier’s tenancy.
2 joint tenancy
further reading
Butterworths Legal Dictionary p 1155
Garner’s Dictionary p 869
tenement

usage—avoid using if possible
try—interest (in land) / estate (in land) / house / building
extra information
formal word without a fixed legal meaning
further reading
Butterworths Legal Dictionary p 1157
Garner’s Dictionary p 870
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term
see—the term; the term includes/also includes
terminate

usage—consider alternatives before using
try—end / finish / stop / cancel / dismiss / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 For the use of end and stop, see cease.
examples of change
1 terminate end an agreement
2 terminate end the chair’s appointment
further reading
Cutts pp 30, 31
Fowler’s English Usage p 768
Garner’s Dictionary p 370 (formal words)
Gowers’ Plain Words p 264
Mellinkoff’s Dictionary pp 65–6 (cancel/terminate)
terms and conditions

usage—never use
try—terms / conditions
extra information
doublet
see also—in terms of; terms and conditions; terms and provisions; the terms of
terms and conditions
examples of change
1 on terms and conditions agreed between the parties
2 The terms and conditions [or conditions] on which the members hold office are
to be decided by the Minister.
further reading
Garner’s Dictionary p 872
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terms and provisions

usage—never use
try—terms / provisions
extra information
doublet
further reading
Garner’s Dictionary p 872
Territory

usage—consider alternatives before using
try—recasting / omitting/ no change
extra information
1 can be a redundancy
2 Connection with the ACT is often implied and need not be stated (see LA, dict,
pt 1, def the Territory.
3 A reference to an office or body of the Territory need not include ‘the Australian
Capital Territory’, ‘ACT’ or ‘the Territory’ only because it is included in its
name or title.
4 Avoid the unnecessary use of ‘Territory of the’ (see example 2, examples of
change).
examples of change
1 the Parliamentary Counsel of the Territory
2 the Territory of Christmas Island
testament

usage—consider alternatives before using
try—will / no change
extra information
1 formal word
2 Prefer will.
3 Do not use the doublet will and testament.
see also—last will and testament
further reading
Butterworths Legal Dictionary p 1162
Garner’s Dictionary pp 873–4
Law Words 1995 pp 47–9 (last will and testament)
Words and Phrases: A Guide to Plain Legal Language
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than

usage—consider alternatives before using
try—as / other than / recasting/ no change
extra information
Do not use than as a substitute for as or other than.
see also—different to/than; greater than; hardly … than; inferior … than; junior
…than; no later than; not later than; otherwise than; scarcely … than; senior …
than; superior … than; than me/him/her/us/them; than what
examples of change
1 More than twice as much work was done this week than as last week.
2 He disliked hearing any view than other than his own.
further reading
Fowler’s English Usage p 770
Gowers’ Plain Words p 105
Partridge p 347
Working Words p 517
thankfully

usage—consider alternatives before using
try—recasting using (eg I am pleased to say) / no change
extra information
1 Thankfully traditionally meant with thanks or in a thankful (or grateful) way.
Like hopefully its meaning has been extended. Thankfully is now used to express
the thanks (or gratitude / relief) of the person using it. This extended use is
subject to the same criticisms that have been made of hopefully and can cause
ambiguity.
2 see hopefully for more information
further reading
Cambridge Style Guide p 648
Fowler’s English Usage pp 770–1, 702–3 (sentence adverb)
Garner’s Dictionary pp 791–2 (sentence adverbs), 876
Garner’s Legal Style p 140
Gowers’ Plain Words pp 232–3
Longman English Usage pp 640-1 (sentence adverbs), 703
Working Words p 517
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than me / him / her / us / them

usage—consider alternatives before using
try—than I / than he / than she / than we / than they (with verb expressed) /
recasting/ no change
extra information
1 Than can be used as a conjunction, introducing a clause, eg ‘They found the task
easier than we did’.
2 It can also be used as a preposition, before a noun or pronoun, eg ‘I would rather
have the time than the money’.
3 However, sometimes its function is disguised because a verb has been left
unstated, eg ‘They stayed longer than us [than we did]’. The strict grammatical
view is that the correct pronoun in this example is we, not us, whether or not the
verb is expressed. However, the use of me, him, her or us, rather than I, he, she
or we, after than is in accordance with common usage and sounds less formal.
Indeed, the use of than with the correct pronoun without the verb expressed may
sound pedantic.
4 The use of than to introduce an elliptical clause can cause ambiguity. For
example, ‘You give her more challenging work than me’ is ambiguous. Does it
mean you give her more challenging work than you give me, or you give her
more challenging work than I give her? To settle the ambiguity, the point needs
to be spelt out more fully, for example, by introducing the relevant verb.
further reading
Cambridge Style Guide pp 745–6
Fowler’s English Usage pp 769–70
Garner’s Dictionary p 876
Gowers’ Plain Words pp 104–5
Partridge pp 347–8
Working Words p 517
than what

usage—never use
try—than / recasting
extra information
non-standard English
example of change
She worked harder than what I did.
further reading
Cambridge Style Guide pp 745–6 (than)
Garner’s Dictionary p 875 (than)
Partridge p 348
Right Words p 394
Working Words p 517 (than)
Words and Phrases: A Guide to Plain Legal Language
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that

usage—consider alternatives before using
try—the / omitting / so / recasting / who / which/ no change
extra information
1 Use that instead of the only if it is necessary to avoid ambiguity or for emphasis
(see example 6, examples of change).
2 Avoid the false subjects there is and there are etc. This will also avoid use of
the unnecessary that (see example 7, examples of change). See also—there
is/are/was/were/will be.
3 That can frequently be omitted in defining clauses without loss of clarity or
inelegance (see examples 4 and 8, examples of change).
4 That is frequently overused in drafting. This can make writing seem formal and
even stilted. Used more sparingly, that helps to make writing more lively and
more in line with everyday speech. Generally, use that only if it is grammatically
or stylistically necessary, or necessary to avoid ambiguity (including momentary
ambiguity).
5 It is difficult to lay down precise rules for when that is stylistically necessary.
However, that is more likely to be necessary as a conjunction after the following
verbs: answer, agree, announce, argue, assert, assume, assure, calculate,
ensure, inform, learn, maintain, reckon, request, state, suggest.
On the other hand, that is unusual with the following verbs: ask, believe,
presume, suppose, think.
The use of that is optional with the following verbs: be told, confess, consider,
declare, grant, hear, know, perceive, propose, say, see, understand.
Generally, do not use that if its use is stylistically optional (or unusual). If a less
formal writing style is used, that is less likely to be stylistically necessary even
with verbs usually accompanied by that in more formal writing. If in doubt,
leave that out.
6 Sometimes the absence of that may cause readers to be put on the wrong track at
least temporarily, eg ‘He felt (that) her many fine features suited her for the
task’. In other cases, the meaning may be permanently elusive, eg ‘The
instructor said on finishing we must turn off our computers’. Does this mean
that the instructor said that we must turn off our computers when we finish, or
that the instructor gave the instruction when she finished?
7 The use of that as a conjunction can lead to unduly long or complex sentences
and structural mistakes.
8 Do not use that if since, if or so would be appropriate.
9 For the use of who and that, see who.
10 For the use of which and that, see which.
see also—the fact that; who or that
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that [continued]
examples of no change
1 The authorised officer must warn the person that it is an offence to fail to state
the person’s name.
2 in a way that preserves its confidentiality
3 The court must assume that the exercise of power …
4 The application [to set aside a bankruptcy notice] must be accompanied by a
copy of any application to set aside the judgment for which the bankruptcy
notice was issued and any material in support of that application.
examples of change
1 in detail that is sufficient in sufficient detail
2 at the times and places that the chairperson determines decided by the
chairperson
3 … the date and time that when the magistrate signed …
4 … is satisfied that it is necessary …
5 a State that corresponds corresponding
6 proposed performance targets for that the year
7 If there are any conditions that do not comply with this section, …
8 Everybody knows that money does not grow on trees.
9 any salary that is paid
10 a voyage that begins or ends beginning or ending in Australian waters
11 on a day that is not other than a Saturday or Sunday
12 It was not that so important that the meeting had to be cancelled.
further reading
Cambridge Style Guide pp 746–7
Cwlth OPC Plain English pp 13, 23
Cwlth Style Manual p 75
Fowler’s English Usage (2nd ed) pp 622–30 (tentative list of verbs that prefer that
expressed/omitted/used or not according to context on p 624)
Fowlers’ English Usage pp 771–5
Garner’s Dictionary pp 564 (miscues), 876–7 (discussion of usage: wrongly suppressed and
unnecessarily repeated)
Gowers’ Plain Words pp 121–4, 189–90
Longman English Grammar p 14 (useful discussion on the use of that)
Partridge p 348
Right Words pp 394–5
Working Words pp 517–8
the course of
see—during the course of; in the course of
the effect that
see—to the effect that
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the equivalent to
see—equivalent
the expression
[in definitional sense]

usage—avoid using if possible
try—omitting
extra information
1 redundancy
2 formal phrase
example of change
A reference to the expression relevant law is a reference to the law of the State
where the person lives.
the fact that

usage—consider alternatives before using
try—omitting / recasting (using eg because / although / that) / no change
extra information
The expression the fact that can be useful and appropriate, but it is sometimes a
clumsy way of saying what might be said more simply. If it is preceded by because
of, despite, in spite of, in view of, notwithstanding or owing to, it may be only an
intricate way of saying because or although.
see also—owing to the fact that
examples of change
1 Owing to the fact that Because the public holiday fell on a Saturday, …
2 Despite the fact that he was late Although he was late,...
further reading
Cutts pp 27 (despite the fact that), 29 (in view of the fact that)
Fowler’s English Usage p 233 (due to the fact that)
Garner’s Dictionary pp 347 (fact that, the), 876 (that (D))
Garner’s Legal Style p 57
Gowers’ Plain Words pp 59–60
Longman English Usage pp 227 (due to the fact that), 264 (fact)
Partridge p 388
Strunk and White pp 24, 46 (fact)
Working Words p 66 (because of/owing to/due to)
the generality of
see—without limiting the generality of; without prejudice to the generality of
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the greatest number of

usage—never use
try—most / recasting
extra information
1 verbosity
2 Use an alternative.
example of change
The candidate with the greatest number of most votes is elected.
theme

usage—consider alternatives before using
try—subject / recasting (using more precise words) / no change
extra information
1 vague, vogue word
2 Prefer more precise words if appropriate.
further reading
Garner’s Legal Style p 32
thence

usage—never use
try—from that place / from there / from that source / recasting / from that direction
/ for that reason / therefore
extra information
archaism
further reading
Cambridge Style Guide p 338 (hence)
Fowler’s English Usage pp 316 (from whence), 777
Garner’s Dictionary p 878
Partridge p 121 (from hence)
Right Words p 399
Working Words p 519
thenceforth / thenceforward

usage—never use
try—from that time on(wards) / since then / from then / omitting / recasting
extra information
archaism
further reading
Garner’s Dictionary p 878
Partridge pp 35 (archaisms), 349
Working Words p 519
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the option of
see—has/have the option of
theoretically / theoretical

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 Theoretically is a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Theoretically and theoretical can be value-loaded words.
3 Prefer of more ‘neutral’ alternative if appropriate.
further reading
Fowler’s English Usage pp 702–3 (sentence adverbs)
Garner’s Dictionary pp 791–2 (sentence adverbs), 878 (theoretic(al)(ly))
the present writer

usage—avoid using if possible
try—I / we / my client / our client / omitting / recasting
extra information
often circumlocution for the first person
further reading
Garner’s Dictionary pp 360 (first person (A)), 688 (present)
Garner’s Legal Style pp 81–2
Partridge p 388
thereabout(s)

usage—avoid using if possible
try—about then / about there / recasting
extra information
appears to be becoming an archaism
further reading
Fowler’s English Usage p 777
Garner’s Dictionary p 878
Partridge p 349
Working Words p 519 (there–)
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thereafter

usage—never use
try—afterwards / after [X] / then / omitting
extra information
formal word, becoming an archaism
example of change
If an authorised person asks a person to state the person’s name and address, the
authorised person must record the reasons for doing so as soon as possible
thereafter afterwards.
further reading
Cambridge Style Guide p 750
Cutts p 30
Fowler’s English Usage pp 777–8
Garner’s Dictionary p 401 (here– and there– words)
Partridge pp 35 (archaisms), 349
Working Words p 519 (there–)
the reason
see—for the reason that; the reason being that; the reason … is because
the reason being that

usage—never use
try—because
extra information
verbosity
further reading
Garner’s Legal Style p 184
the reason … is because

usage—never use
try—recasting (using eg because)
extra information
verbosity
example of change
The reason for the delay is The delay happened because the file was misplaced.
further reading
Garner’s Dictionary p 737 (reason … is because)
Garner’s Legal Style p 136
Gowers’ Plain Words p 258
Howard’s Guide p 344 (the reason is because and the reason why)
Longman English Usage p 595 (reason)
Partridge p 271 (reason... because, or why ... because)
Right Words pp 348-9 (reason)
Working Words pp 66 (because), 463 (reason)
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thereat

usage—never use
try—recasting (using, eg at it / there)
extra information
archaism
further reading
Garner’s Dictionary pp 401 (here– and there– words), 878
Working Words p 519 (there–)
thereby

usage—never use
try—by [X] / by way of [X] / recasting
extra information
formal word, becoming an archaism
further reading
Cambridge Style Guide p 750
Fowler’s English Usage p 777 (thereabout(s))
Garner’s Dictionary pp 401 (here– and there– words), 878
Working Words p 519 (there–)
therefor

usage—never use
try—for [X] / recasting / omitting
extra information
archaism
example of change
She bought the latest model of the computer, paying $5,000 therefor for it.
further reading
Cambridge Style Guide p 750
Fowler’s English Usage p 778
Garner’s Dictionary pp 878–9 (therefore, therefor)
Garner’s Legal Style pp 141–2
Partridge p 349
Working Words p 519 (there–)
therefrom

usage—never use
try—from [X] / recasting
extra information
archaism
further reading
Fowler’s English Usage p 778 (thereat)
Garner’s Dictionary pp 401 (here– and there– words), 879
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therein

usage—never use
try—in [X] / recasting
extra information
archaism
further reading
Cambridge Style Guide p 750
Garner’s Dictionary p 401 (here– and there– words)
Garner’s Legal Style p 116
Gowers’ Plain Words p 18
Working Words p 519 (there–)
thereinto

usage—never use
try—in [X] / recasting
extra information
archaism
further reading
Fowler’s English Usage p 778 (thereat)
Garner’s Dictionary p 401 (here– and there– words)
there is / are / was / were / will be

usage—consider alternatives before using
try—there are / there is / there were / there was / recasting / omitting/ no change
extra information
1 These phrases are enemies of a lean writing style.
2 If it is important to assert the present, past or future existence of something,
there is etc may be necessary (see example of no change). In other cases, the use
of there as the introductory slot-filler in a sentence is padding.
3 There is (or was) should be used if what follows is singular or may be regarded
as a single unit. There are (or were) should be used if what follows is plural.
Two or more singular things add up to a plural.
see also—that
example of no change
There is enough work to keep everyone fully occupied.
examples of change
1 There are 3 reasons why I disagree with you. I disagree with you for 3 reasons.
2 If there are any conditions that do not comply with this section, …
3 This section applies to an intersection where there are no without traffic lights.
further reading
Cambridge Style Guide pp 749–50 (there–)
Fowler’s English Usage p 778
Garner’s Dictionary p 879
Garner’s Legal Style p 142
Gowers’ Plain Words p 131
Working Words p 520
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thereof

usage—never use
try—of [X] / from / out of / recasting
extra information
archaism
further reading
Garner’s Dictionary pp 401 (here– and there– words), 880
Garner’s Legal Style p 116
Gowers’ Plain Words p 18
Partridge p 35 (archaisms)
thereon

usage—never use
try—on / then / recasting
extra information
archaism
further reading
Cambridge Style Guide p 750
Fowler’s English Usage p 778 (thereat)
Garner’s Dictionary p 401 (here– and there– words)
Working Words p 519 (there–)
thereout

usage—never use
try—out of [X] / from [X] / recasting
extra information
archaism
further reading
Fowler’s English Usage p 778 (thereat)
Garner’s Dictionary pp 401 (here– and there– words), 880
Garner’s Legal Style p 116
thereto / theretofore

usage—never use
try—to [X] / recasting
extra information
archaism
further reading
Garner’s Dictionary pp 401 (here– and there– words), 404 (hitherto; thitherto), 880
Gowers’ Plain Words p 18 (thereto)
Partridge p 35 (archaisms)
Working Words p 519 (there–)
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thereunder

usage—never use
try—under [X] / recasting
extra information
archaism
further reading
Cambridge Style Guide p 750
Garner’s Dictionary p 401 (here– and there– words)
Gowers’ Plain Words p 18
thereunto

usage—never use
try—recasting
extra information
archaism
further reading
Fowler’s English Usage p 778 (thereat)
Garner’s Dictionary pp 401 (here– and there– words), 880 (thereunto appertaining)
thereupon

usage—never use
try—at that instant / recasting
extra information
formal word, becoming an archaism.
further reading
Fowler’s English Usage p 777 (thereabouts)
Garner’s Dictionary pp 401 (here– and there– words), 880
therewith

usage—never use
try—with [X] / recasting
extra information
archaism
further reading
Fowler’s English Usage p 778 (thereat)
Garner’s Dictionary p 401 (here– and there– words)
Gowers’ Plain Words p 18
Working Words p 519 (there–)
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these

usage—consider alternatives before using
try—the / no change
extra information
1 Except in references to the instrument containing the word (eg ‘these rules’), use
these instead of the only if it is necessary for stylistic reasons to avoid
ambiguity, or for particular emphasis.
2 As a demonstrative adjective, these should modify a plural noun (eg kinds), not
a singular one (eg kind).
see also—kind; sort of (for these kinds/sorts of)
example of no change
In these rules: …
further reading
Garner’s Dictionary pp 259–60 (deictic terms), 880 (these kind of; these type of; these sort of)
the term
[in definitional sense]

usage—avoid using if possible
try—omitting
extra information
1 redundancy
2 formal phrase
the term includes / also includes

usage—never use
try—and includes
extra information
1 redundancy
2 formal phrase
the terms of

usage—consider alternatives before using
try—omitting/ no change
extra information
This phrase is the agreement equivalent to provisions of (see provisions of).
example of change
The person is required by the terms of the person’s appointment to live on the land.
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the time when
see—time
they

usage—consider alternatives before using
try—recasting / no change
extra information
1 The use of the plural is usually unsuitable for legal drafting.
2 For discussion of the use of they to refer to a singular subject (see he; she).
thing

usage—consider alternatives before using
try—recasting / something / no change
extra information
Thing can be very useful in contexts where a more specific term is not needed or
available. However, it can be overused.
see also—any act/matter/thing
example of change
a thing something complying with the ADR
further reading
Garner’s Dictionary p 880
think

usage—consider alternatives before using
try—consider / recasting / no change
extra information
1 Think has been criticised as colloquial. However, it can be useful in achieving a
less formal writing style.
2 Use consider if use of think could be taken to be inappropriate. For example, to
say that a corporation thinks something could be regarded as inappropriate.
Consider does not solve the problem, but makes it less obvious. The preferable
solution would be to recast the provision.
3 Do not use thinks fit.
see also—inclined to think
example of change
Do what you think fit consider appropriate.
further reading
Fowler’s English Usage p 780
Partridge p 350
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this
[as an adjective]
see—in this instance
this
[as a pronoun]

usage—consider alternatives before using
try—recasting / no change
extra information
This should always have a clear, single antecedent (eg a noun, phrase, clause or
sentence). If it is not crystal clear what this refers to, the sentence should be recast.
examples of no change
1 This section applies if …
2 This part provides for …
further reading
Fowler’s English Usage p 780
Garner’s Dictionary pp 62 (antecedents, false), 259–60 (deictic terms)
Garner’s Legal Style p 142
this office / department etc

usage—consider alternatives before using
try—recasting (using more personal language, eg I / me / we / us) / no change
extra information
starchy language
further reading
Gowers’ Plain Words p 248
this writer

usage—avoid using if possible
try—I / we / my client / our client / omitting / recasting
extra information
often circumlocution for the first person
further reading
Garner’s Dictionary p 360 (first person)
Garner’s Legal Style pp 81–2
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thither

usage—never use
try—there / to that place / to there / in that direction / recasting
extra information
archaism
further reading
Cambridge Style Guide p 338 (hence)
Fowler’s English Usage p 362 (hither)
Garner’s Dictionary p 881
Right Words p 400
those

usage—consider alternatives before using
try—the / no change
extra information
1 Use those instead of the only if it is necessary for stylistic reasons to avoid
ambiguity, or for particular emphasis.
2 As a demonstrative adjective, those should modify a plural noun (eg kinds), not
a singular one (eg kind).
see also—kind; sort of (for those kinds/sorts of)
example of change
The container is not suitable for those the dangerous goods.
further reading
Garner’s Dictionary pp 259–60 (deictic terms), 880 (these kind of; these type of; these sort of)
thrice

usage—never use
try—3 times
extra information
archaism
further reading
Fowler’s English Usage p 781
Garner’s Dictionary p 881
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thus

usage—consider alternatives before using
try—so / therefore / for example / in this way / as follows / no change
extra information
Prefer an alternative if appropriate.
further reading
Cambridge Style Guide p 755
Garner’s Dictionary p 881
Gowers’ Plain Words p 264
thusly

usage—never use
try—thus / so / therefore / for example
extra information
Americanism
further reading
Fowler’s English Usage p 782
Garner’s Dictionary pp 881–2 (thus)
Garner’s Legal Style p 143
Working Words p 521 (thus)
till

usage—avoid using if possible
try—until
extra information
1 Till and until are equally acceptable in formal English. In formal writing until is
the more common word, particularly at the beginning of a sentence. Till is
perhaps less formal, at least in some contexts. However, as till is less known,
use until.
2 Till is a word in its own right and is not a mere contraction of until. Til, ’til and
’till are all incorrect forms of the word.
further reading
Cambridge Style Guide p 756
Fowler’s English Usage pp 782–3
Garner’s Dictionary p 882
Garner’s Legal Style p 143
Partridge p 350
Right Words p 401
Working Words p 521
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time

usage—avoid using if possible
try—recasting (using eg when / now)
extra information
1 The word time is often superfluous. Phrases mentioning time should generally
be simplified unless it is necessary to refer back to an identified time.
2 Mention of time can imply the date as well as the actual time or date.
3 It is unnecessary to say at the time and when (see example 2, examples of
change).
see also—at all times; at any time; at the present time; at the time that/when/of/at
this time/point of time/moment of time; from time to time; until such time as
examples of no change
1 The vehicle was stolen at the time of the offence.
2 the time and date of the offence stated in the notice
3 any further time the authority allows
4 The chair may call a meeting at any time.
examples of change
1 at this point in time now
2 open for business at the time when the person …
3 The policy comes into force as from the time when …
4 3 days time in 3 days
further reading
Working Words p 521
time is of the essence

usage—avoid using if possible
try—recasting (using more precise words)
extra information
1 legalese
2 The phrase time is of the essence is not necessary in contracts and may not be
sufficient to enable a party to rescind a contract if a relevant act is not done by
the time mentioned in the contract. It should not be used in legislation.
3 Prefer recasting explaining the consequences of not complying with time limits.
further reading
Butterworths Legal Dictionary p 1170 (time stipulation)
Garner’s Dictionary p 882
Law Words 1995 pp 86–8
timely
see—in a timely manner/way
times
see—at all times
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times more than / greater than

usage—never use
try—recasting (using, eg times)
extra information
redundancy
example of change
The monthly output was 3,000 widgets—more than 3 times greater than in the
previous month last month’s output.
further reading
Gowers’ Plain Words pp 264–5
title
see—right, title and interest
to
see—as to; compare to/with; different to/than
to and including

usage—avoid using if possible
try—not later than / recasting (using before / not less than / at least / x months
ending on or ending at the end of)
extra information
1 Pearce and Geddes suggest that from and including a particular day to and
including another day should be used to precisely fix the start and end of a
period. However, this formulation is ungrammatical and is not often used in
normal speech.
2 See LA, s 151 (Working out periods of time generally).
see also—from and including
further reading
Pearce and Geddes pp 305-9
to and / or in relation to

usage—never use
try—to / about / for / of / in relation to
extra information
1 doublet
2 Prefer a simple preposition if appropriate. If a connecting phrase is necessary,
use in relation to if appropriate (see in relation to).
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to and / or in respect of

usage—never use
try—about / for / to / of / in relation to
extra information
1 doublet
2 Prefer a simple preposition if appropriate. If a connecting phrase is necessary,
use in relation to if appropriate (see in relation to).
to date

usage—never use
try—so far
further reading
Gowers’ Plain Words p 218
together

usage—consider alternatives before using
try—omitting / no change
extra information
Together is redundant with words like assemble, connect, consolidate, cooperate,
gather, join, link and merge.
further reading
Garner’s Dictionary p 844
Working Words p 525
too

usage—consider alternatives before using
try—also / very / either / no change
extra information
Do not use too if also, very or either would be appropriate.
examples of change
1 A notice may also be revoked too.
2 not too very popular [or not popular]
further reading
Fowler’s English Usage p 787
Garner’s Dictionary pp 884–5
Garner’s Legal Style p 143
Partridge p 353
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total
[also totally]

usage—consider alternatives before using
try—omitting / no change
extra information
Total is often used for emphasis, but is usually redundant.
examples of change
1 total devastation
2 total absence
3 totally void
further reading
Garner’s Dictionary p 919 (void; voidable)
Working Words p 526
to the effect that

usage—avoid using if possible
try—so that
extra information
verbosity
further reading
Garner’s Dictionary p 886
to the extent that

usage—consider alternatives before using
try—if /  when / as far as / so far as / so that / no change
extra information
1 verbosity
2 Prefer a simpler alternative if appropriate.
examples of change
1 If the vehicle has been modified to the extent that so that the manufacturer’s
specification is no longer appropriate...
2 The chief executive must provide regular care planning and review for a child
that fully involves the child to the extent that so far as the child can take part.
further reading
Gowers’ Plain Words p 228
toto
see—in toto
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touching
[as a preposition]

usage—never use
try—for / about / in relation to
extra information
archaism
further reading
Garner’s Dictionary p 886
toward / towards
[as a preposition]

usage—consider alternatives before using
try—if / when / so far as / no change
extra information
1 Towards generally implies movement and is sometimes misused for to. Use to
unless movement is implied (or stated) or the use of towards is otherwise
appropriate.
2 In other contexts, prefer towards. However, for the increasing trend not to use
an ‘s’ in words ending in wards(s), see forward/forwards.
examples of no change
1 It was much hotter towards the end of the afternoon.
2 The car slid towards the edge of the road.
3 She gave $2 towards the gift.
4 His attitude towards the proposal was ambiguous.
5 untoward
examples of change
1 He sat with his back towards to me.
2 Parents have responsibilities towards to their children.
further reading
Blamires’ Queen’s English p 150
Bryson’s Troublesome Words p 202 (towards, toward)
Cambridge Style Guide p 763
Fowler’s English Usage p 788
Garner’s Dictionary pp 886, 924 (-ward(s))
Howard’s Guide p 391
Howard’s Handbook p 353
Longman English Usage p 724
Macquarie Dictionary p 2237
Right Words p 404
Working Words p 527
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to which this [provision] applies

usage—avoid using if possible
try—omitting
extra information
1 redundancy
2 If a provision states that it applies to something, it is unnecessary in later
references to the thing to state that it is a thing to which the provision applies.
further reading
Cwlth OPC Plain English p 22
to wit

usage—never use
try—omitting / recasting / for example / that is
extra information
archaism
further reading
Garner’s Dictionary p 549
Garner’s Legal Style p 183
Partridge p 35 (archaisms)
transfer and assign

usage—never use
try—transfer / give / sell / recasting (using more precise words)
extra information
doublet
further reading
Law Words 1995 pp 89–91
transmit

usage—consider alternatives before using
try—send / give / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
example of change
The registrar must transmit send a copy of the notice to each party.
further reading
Garner’s Dictionary p 888
Partridge p 354
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transpire

usage—consider alternatives before using
try—become known / happen / take place / pass / elapse / recasting / no change
extra information
1 Apart from its technical botanical or biological meanings, transpire originally
meant to become known. Its extension to happen or take place is contentious.
2 formal word
3 Prefer an alternative if appropriate.
examples of change
1 If it transpires that [X] … If [X] happens, …
2 Six months transpired passed before the plaintiff filed her claim.
further reading
Fowler’s English Usage pp 790–1
Garner’s Dictionary p 888
Garner’s Legal Style p 143
Gowers’ Plain Words p 265
Working Words p 528
transportation

usage—consider alternatives before using
try—transport / no change
extra information
1 Transportation has a penal meaning. It also means a system, or the act, of
transporting or the state of being transported.
2 In other contexts, prefer transport.
further reading
Gowers’ Plain Words p 184
Right Words p 405
trauma / traumatic

usage—consider alternatives before using
try—recasting / no change
extra information
1 Trauma strictly means a serious injury or shock that has long-term effects.
2 Used as a vogue word to mean anything unpleasant.
further reading
Garner’s Dictionary p 888
Gowers’ Plain Words p 88
Right Words p 406
Working Words pp 528–9
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true and correct

usage—never use
try—correct / accurate / true
extra information
doublet
further reading
Garner’s Dictionary p 294 (doublets, triplets and synonym-strings)
try
see—attempt
try and

usage—never use
try—try to
extra information
Try and is non-standard English.
further reading
Cambridge Style Guide p 771
Fowler’s English Usage pp 796–7
Garner’s Dictionary p 893
Garner’s Legal Style p 143
Gowers’ Plain Words p 265
Partridge p 356
Right Words p 407
Working Words p 530
turbid
see—turgid
turgid

usage—consider alternatives before using
try—turbid / no change
extra information
1 formal word
2 Turbid means (of water) muddy, soiled, cloudy or unclear, and (of writing)
confused, unclear, perplexing or obscure.
3 Turgid means (of things), bloated, swollen or distended, and (of writing)
inflated, pompous or bombastic.
further reading
Cambridge Style Guide p 772
Fowler’s English Usage p 798
Garner’s Dictionary p 893 (turbid; turgid; torpid)
Garner’s Legal Style p 143
Right Words p 407
Working Words p 531
Words and Phrases: A Guide to Plain Legal Language
October 2006
T–29
T
two

usage—consider alternatives before using
try—2 / no change
extra information
Except at the beginning of a sentence, express the number 2 as a figure and not as a
word.
further reading
Garner’s Dictionary pp 605–6
type

usage—consider alternatives before using
try—omitting / kind / recasting (using more precise words) / no change
extra information
1 Most legal drafting is expressed in the singular, and it is usually unnecessary to
distinguish between a class (using, eg type) and its members (see LA, s 48 and
s 145 (b)). Avoid mentioning type unless it is necessary. See class for extra
information.
2 If it is necessary to mention class, prefer kind if appropriate.
3 Avoid using type as an omnibus word. See kind for extra information.
further reading
Garner’s Dictionary p 894 (type of)
Garner’s Legal Style p 205
Partridge p 357
type and kind

usage—never use
try—omitting / kind / type
extra information
1 doublet
2 If it is necessary to mention class, prefer kind if appropriate.
further reading
Garner’s Dictionary p 294 (doublets, triplets and synonym-strings)
Words and Phrases: A Guide to Plain Legal Language
October 2006
T–30
U
uberrima fidei

usage—avoid using if possible
try—of the utmost good faith / recasting (adding an explanation of the phrase)
extra information
foreign phrase
further reading
Garner’s Dictionary pp 894–5
ult.

usage—never use
try—recasting (using last month or the name of the last month, eg July).
extra information
1 abbreviation of foreign word
2 commercialese
3 Ult. stands for ultimo mense (last month).
further reading
Cambridge Style Guide p 775
Fowler’s English Usage p 802 (ultimo)
Garner’s Dictionary p 895
Gowers’ Plain Words p 16
Partridge p 357
ultimate

usage—consider alternatives before using
try—final / decisive / best / most advanced / successful / last / no change
extra information
vogue word
see also—in the final / last / ultimate analysis
further reading
Garner’s Dictionary p 895 (ultimate destination)
Partridge p 72 (comparatives, false)
Working Words p 535
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–1
U
ultimately

usage—consider alternatives before using
try—at last / in the end / finally / eventually / no change
extra information
Prefer a simpler alternative if appropriate.
example of change
He ultimately finished the task in the end. [or eventually]
further reading
Garner’s Dictionary p 895
ultra vires

usage—consider alternatives before using
try—beyond power / unauthorised / invalid / no change
extra information
foreign phrase
further reading
Cambridge Style Guide p 776
Garner’s Dictionary p 895
un
see—not un–/in–
unable to
see—is/are unable to
unbeknown / unbeknownst

usage—never use
try—unknown
extra information
1 Unbeknownst is an archaism. Unbeknown is becoming an archaism.
2 colloquialisms
further reading
Fowler’s English Usage p 805
Garner’s Dictionary pp 895–6, 901 (unknown)
Partridge p 358
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–2
U
uncontroverted and uncontradicted

usage—never use
try—not disputed / not denied / not opposed
extra information
doublet
further reading
Garner’s Dictionary p 294 (doublets, triplets and synonym-strings)
Garner’s Legal Style p 188
undeniably / undeniable

usage—consider alternatives before using
try—omitting / no change
extra information
1 Undeniably is a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Undeniably and undeniable are dogmatic words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Legal Style pp 129, 192–3
under
see—below; by and/or under
under and subject to

usage—never use
try—under / recasting
extra information
doublet
under that name

usage—consider alternatives before using
try—omitting / no change
extra information
can be a redundancy
example of change
XYZ, a the corporation incorporated under that name in the Netherlands, …
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–3
U
under the hand of

usage—never use
try—signed by
extra information
archaism
underlay

usage—consider alternatives before using
try—underlie / no change
extra information
Underlay and underlie are sometimes confused. Underlay means to put underneath.
Underlie means lying underneath.
see also—overlay
further reading
Cambridge Style Guide p 778
Fowler’s English Usage pp 563–4 (overlay, overlie), 806
Gowers’ Plain Words p 240 (lay, lie)
Partridge pp 359–60
Working Words p 537
underlie
see—underlay
undermentioned

usage—never use
try—the [item mentioned later / on the next page / on page ‘x’] / omitting /
recasting
extra information
archaism
further reading
Garner’s Dictionary p 103 (below-mentioned; under-mentioned)
underneath
see—below
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–4
U
undersigned

usage—never use
try—I / we
extra information
commercialese
further reading
Garner’s Dictionary p 360 (first person), 897
Gowers’ Plain Words p 265
Partridge p 360
understood and agreed

usage—never use
try—recasting (using agreed) / omitting
extra information
doublet
further reading
Garner’s Dictionary pp 294 (doublets, triplets and synonym-strings), 897
undertake
[also undertaking]

usage—consider alternatives before using
try—carry out / perform / do / take on / agree / promise / attempt / try /
say you will / task / recasting (using more precise words) / no change
extra information
1 An undertaking can be a formal promise to give, to do or not to do something.
2 Prefer a simpler alternative if appropriate.
example of no change
1 The defendant’s solicitor undertook to enter an appearance on behalf of the
defendant.
2 A firm of builders from Sydney undertook the project. [or (less formally) took
on]
3 The task was a mammoth undertaking that involved hundreds of volunteers.
examples of change
1 a person undertaking carrying out building work
2 A ship is in an appropriate condition for the voyage that it is undertaking its
voyage if …
3 undertake agree to make good
4 I undertake to will prepare copies of signature.
further reading
Butterworths Legal Dictionary p 1209 (undertaking)
Garner’s Dictionary p 898
Gowers’ Plain Words p 265
New Oxford Dictionary p 2016
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–5
U
undertake and agree

usage—never use
try—agree
extra information
doublet
further reading
Gowers’ Plain Words p 61
undoubtedly / undoubted

usage—consider alternatives before using
try—omitting / recasting (using more ‘neutral’ words) / no change
extra information
1 Undoubtedly is a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Undoubtedly and undoubted are dogmatic words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Dictionary pp 161 (clearly), 632 (overstatement), 791–2 (sentence adverbs), 926 (weasel
words)
Garner’s Legal Style pp 36, 192
Gowers’ Plain Words p 54
unduly
[also undue]

usage—consider alternatives before using
try—omitting / too / unusually / no change
extra information
1 weasel word
2 Unduly can only properly be used if something has been mentioned or implied
giving a standard of comparison. If there is no standard of comparison, the use
of unduly is meaningless. Its use is only a shrinking from the nakedness of an
unqualified statement.
further reading
Garner’s Dictionary p 926 (weasel words)
Gowers’ Plain Words pp 50–2
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–6
U
unequal for

usage—never use
try—unequal to
extra information
non-standard English
example of change
The photocopier was unequal for to the task.
further reading
Fowler’s English Usage p 807
Gowers’ Plain Words p 265
unequivocal
[also unequivocally]

usage—consider alternatives before using
try—clear / plain / unambiguous / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary p 899 (unequivocal; unequivocable)
Working Words p 538
unexceptionable

usage—consider alternatives before using
try—entirely satisfactory / acceptable / not meriting criticism / inoffensive /
unremarkable (because, eg it will not raise objection) / no change
extra information
1 formal word
2 Unexceptionable can have negative overtones.
3 Prefer an alternative if appropriate.
4 Unexceptionable and unexceptional can have similar meanings, but are
frequently confused.
see also—unexceptional
further reading
Cambridge Style Guide p 261 (exceptional or exceptionable)
Fowler’s English Usage pp 273 (exceptionable, exceptional etc), 807
Garner’s Dictionary p 335 (exceptionable; exceptional)
Right Words pp 409–10
Working Words p 214 (exceptionable/exceptional)
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–7
U
unexceptional
[also unexceptionally]

usage—consider alternatives before using
try—not unusual / not extraordinary / not out of the ordinary / usual / normal /
ordinary / unremarkable (because, eg of blandness) / no change
extra information
1 formal word
2 Unexceptional can have negative overtones.
3 Prefer an alternative if appropriate.
4 Unexceptional and unexceptionable can have similar meanings, but are
frequently confused.
see also—unexceptionable
further reading
Cambridge Style Guide p 261 (exceptional or exceptionable)
Fowler’s English Usage pp 273 (exceptionable, exceptional etc), 807
Garner’s Dictionary p 335 (exceptionable; exceptional)
Right Words pp 409–10
Working Words p 214 (exceptionable/exceptional)
uninterested
see—disinterested
unique

usage—consider alternatives before using
try—unusual / uncommon / special / outstanding / remarkable / interesting /
novel / rare / recasting (using eg sole) / no change
extra information
1 The traditional meaning of unique is something that is one of a kind and has no
like or equal. Although it is now often used more loosely, unique should be
reserved for things that are one of a kind. However, because the meaning of
unique is now disputed, it is preferable to use other words (eg sole) to express
the absoluteness implicit in the traditional meaning of unique.
2 According to its traditional meaning, unique is an absolute and cannot be
qualified by words like comparatively, more, less, most, somewhat or very. By
implication, there are no degrees of uniqueness. However, modifiers like almost,
nearly or absolutely are acceptable because they comment on whether
uniqueness has been achieved rather than its quality.
3 To avoid these difficulties, prefer an alternative if appropriate.
further reading
Cambridge Style Guide pp 779–80
Fowler’s English Usage pp 808–9
Garner’s Dictionary pp 24–5 (adjectives (B)), 900
Garner’s Legal Style p 143
Gowers’ Plain Words pp 150–1
Partridge pp 72 (comparatives, false), 361
Right Words pp 410–1
Working Words p 538
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–8
U
unlawfully
[also unlawful]

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
Avoid the use of unlawfully in contexts where the word begs the question of
precisely when the relevant act is unlawful.
further reading
Garner’s Dictionary p 902
unless
[in must not … unless]

usage—consider alternatives before using
try—may … only if
extra information
Except in simple offences, avoid the use of double negatives wherever possible.
example of change
The registrar must not may renew a licence unless only if the determined fee has
been paid.
unless and until

usage—avoid using if possible
try—unless / when / if / until / recasting
extra information
doublet
see also—as and when; if and when
further reading
Cutts p 37
Fowler’s English Usage pp 809–10
Garner’s Dictionary p 902
Gowers’ Plain Words p 61
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–9
U
unless the contrary intention appears

usage—avoid using if possible
try—omitting / recasting (identifying particular provisions)
extra information
1 legalese
2 General expressions like unless the contrary intention appears are often
unhelpful to readers, lead to loose drafting, and may give rise to legal
uncertainty. They should never, therefore, be used. The provisions that are in
conflict (or possible conflict) should be identified as precisely as possible and
the conflict dealt with in a way that makes it clear what provision is the
dominant one.
3 See LA, s 155 (Definitions apply subject to contrary intention).
further reading
Garner’s Dictionary p 601 (notwithstanding anything to the contrary contained herein)
NZ Legislation Manual p 26
unnatural

usage—consider alternatives before using
try—recasting (using ‘neutral’ words) / no change
extra information
1 value-loaded word
2 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Garner’s Dictionary pp 902–3
unquestionably / unquestionable

usage—consider alternatives before using
try—preferably / omitting / recasting (using ‘neutral’ words) / no change
extra information
1 Unquestionably is a sentence adverb (ie an adverb that qualifies a sentence as a
whole).
2 Unquestionably and unquestionable are dogmatic words.
3 Prefer a more ‘neutral’ alternative if appropriate.
further reading
Partridge p 361
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–10
U
unreadable

usage—consider alternatives before using
try—illegible / not interesting to read / difficult to read / uninteresting / no change
extra information
Illegible means text not clear enough to be read. It is used to describe poor quality
or defaced handwriting or printing. Unreadable means too dull or difficult to read.
However, unreadable is sometimes used as a synonym for illegible and can,
therefore, be ambiguous.
further reading
Fowler’s English Usage p 378 (illegible, unreadable)
Garner’s Dictionary p 416 (illegible; unreadable)
Garner’s Legal Style p 118
Partridge p 361
Working Words p 269
unrealistic
see—realistic
unserviceable

usage—consider alternatives before using
try—defective / not useful / incapable of being used / unfit / unsuitable / not in
working order / no change
extra information
vague word
until
see—till; unless and until
until such time as

usage—consider alternatives before using
try—until / when / no change
extra information
1 verbosity
2 However, the phrase can be used to stress the uncertainty about whether a
contemplated event will ever happen.
further reading
Garner’s Dictionary p 903
Garner’s Legal Style p 184
Gowers’ Plain Words p 60
Fowler’s English Usage p 812
Partridge p 362
Working Words p 521 (till/until)
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–11
U
unto

usage—never use
try—to / omitting / recasting
extra information
archaism
further reading
Fowler’s English Usage p 812
Garner’s Dictionary pp 903–4
up till / until

usage—consider alternatives before using
try—until / no change
extra information
To combine up with till or until is strictly redundant and should be avoided unless
particular emphasis is required.
further reading
Cambridge Style Guide p 756 (till or until)
Working Words p 521 (till/until)
upon

usage—consider alternatives before using
try—on / to / in / no change
extra information
1 formal word
2 Used as prepositions, on and upon usually mean exactly the same thing.
However, on is less formal and less emphatic than upon.
3 Prefer on if appropriate.
see also—upon / on the expiration; upon / on the occurrence / happening of
examples of no change
1 once upon a time
2 row upon row
examples of change
1 She climbed upon on the roof.
2 The frog jumped upon on the tank.
3 The bailiff served the writ upon on the defendant.
further reading
Fowler’s English Usage p 814
Garner’s Dictionary p 904
Partridge p 362
Working Words p 376 (on/upon)
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–12
U
upon / on the expiration

usage—never use
try—at the end
extra information
formal phrase
upon / on the occurrence / happening of

usage—never use
try—when [X] happens
extra information
starchy or formal phrase
usage

usage—consider alternatives before using
try—use / no change
extra information
1 formal word
2 Usage can be used when referring to treatment or rules, especially rules formed
by customary practice. In other contexts, prefer use.
examples of no change
1 harsh usage
2 historical usage
3 modern English usage
4 common usage
examples of change
1 public transport usage use of public transport
2 come into usage use
further reading
Cambridge Style Guide p 782
Garner’s Dictionary p 905
Gowers’ Plain Words p 266
Working Words p 540
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–13
U
utilise

usage—avoid using if possible
try—use / make use of
extra information
1 formal word
2 Utilise is generally a pompous synonym for use.
3 However, utilise can connote something more than use. It can imply that a
resource has been used to its best advantage. If you need to emphasise an
opportunistic element, make use of is a less pompous alternative.
further reading
Cambridge Style Guide p 783
Cutts pp 30, 31
Fowler’s English Usage p 816
Garner’s Dictionary pp 370 (formal words), 905 (use; utilization), 906
Garner’s Legal Style p 143
Gowers’ Plain Words pp 59, 266
Partridge p 362
Right Words p 414
Working Words p 543
utterly
[also utter]

usage—consider alternatives before using
try—completely / omitting / recasting / no change
extra information
Utterly can be used as depreciative, dogmatic word.
further reading
Garner’s Legal Style p 36
Words and Phrases: A Guide to Plain Legal Language
October 2006
U–14
V
valid
[in non-legal sense]

usage—consider alternatives before using
try—sound / just / well-founded / authoritative / having merit / no change
extra information
A valid argument is one in which the conclusion follows from the premises, even if
the premises are false.
example of change
valid sound argument
further reading
Gowers’ Plain Words p 266
validate
[in non-legal sense]

usage—consider alternatives before using
try—confirm / no change
extra information
vague word
example of change
validate confirm a hypothesis
further reading
Gowers’ Plain Words p 266
various different

usage—avoid using if possible
try—various / several different
extra information
can be a redundancy
further reading
Garner’s Dictionary p 908
Working Words p 545
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–1
V
vary

usage—consider alternatives before using
try—change / amend / differ / no change
extra information
1 Avoid elegant variation.
2 Prefer amend or change if appropriate.
3 For the use of amend, see alter.
examples of change
1 the agreement as varied from time to time the amended agreement [or the
agreement as amended]
2 The premiums may vary differ according to the class of the vehicle.
3 varying changing the aid to navigation’s character
4 The Minister may vary amend the order.
5 The authority may vary amend an exemption.
further reading
Garner’s Dictionary pp 907–8 (variance; at variance; variation; variant)
venal

usage—consider alternatives before using
try—corrupt / dishonest / venial / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 Venal and venial are sometimes confused. Venal means able to be bribed or
influenced by bribery. Venial means excusable or pardonable.
further reading
Cambridge Style Guide p 787
Fowler’s English Usage p 820
Garner’s Dictionary pp 908–9
Garner’s Legal Style p 145
Partridge p 363
Working Words p 546
vendee

usage—avoid using if possible
try—buyer / purchaser
extra information
1 formal word
2 Prefer buyer if appropriate.
further reading
Garner’s Dictionary p 909
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–2
V
vendor

usage—consider alternatives before using
try—seller / no change
extra information
1 formal word
2 Prefer seller if appropriate.
further reading
Garner’s Dictionary p 909
venial

usage—consider alternatives before using
try—excusable / pardonable / slight / trivial / venal / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
3 For the use of venal and venial, see venal.
veracity

usage—consider alternatives before using
try—truthfulness / accuracy / correctness / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary pp 813 (slipshod extension), 910
Partridge p 363
verbal
[also verbally]

usage—consider alternatives before using
try—oral / no change
extra information
For the use of oral and verbal, see oral.
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–3
V
verbatim

usage—consider alternatives before using
try—exact / literal / word for word / accurate / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary p 912 (verbatim; ipissima verba; literatim)
verbose

usage—consider alternatives before using
try—wordy / no change
extra information
formal word
further reading
Cambridge Style Guide p 789 (verbiage and verbosity)
Partridge p 364 (verbiage and verbosity)
verify

usage—consider alternatives before using
try—confirm / check / swear (or affirm) / prove / find out / state (to be true) / no
change
extra information
formal word
example of change
Please verify check that I have given you the right change.
further reading
Cutts p 30
Garner’s Dictionary p 913
verily

usage—never use
try—omitting
extra information
archaism
example of change
I verily believe …
further reading
Garner’s Dictionary p 913
Partridge p 35 (archaisms)
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–4
V
veritable

usage—avoid using if possible
try—real / genuine / true / omitting
extra information
formal word
example of change
a veritable genuine belief
very

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / much / no change
extra information
1 Do not use very unless it adds something. Used too frequently it ceases to have
any meaning.
2 Worse still, very can operate as a weasel word and have the effect of weakening
rather than strengthening a statement, eg ‘My toothache was very excruciating’.
3 Do not use very to intensify weak or commonplace words, eg very good, very
bad, very nice. Recast using more precise words.
4 Very should be used to modify adjectives (eg happy, sad, sorry) and not,
properly, past participles (eg enhanced or uninterested). However, the
distinction can sometimes be difficult to apply in practice, particularly if the
participle is operating as an adjective rather than as a verb (eg tired, drunk or
depressed).
example of no change
very tired
examples of change
1 very evident
2 very much liked
3 I am very reluctant …
further reading
Fowler’s English Usage pp 823–4
Garner’s Dictionary p 914
Garner’s Legal Style p 144
Gowers’ Plain Words pp 53–4, 267
Partridge p 365
Working Words p 548
very approximate
see—approximately
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–5
V
via

usage—consider alternatives before using
try—by way of / by / through / in / from / recasting / no change
extra information
1 Via is useful in explaining the precise route taken on a journey, eg ‘London via
Athens’.
2 In other contexts, prefer an alternative.
examples of change
1 The message was sent via by fax.
2 She received the information via from her brother.
3 Please reply via in code.
further reading
Cambridge Style Guide p 791
Fowler’s English Usage p 824
Garner’s Dictionary p 915
Partridge p 365
Working Words p 548
viable

usage—consider alternatives before using
try—durable / effective / feasible / lasting / practicable / profitable / promising
/ successful / useable / workable / recasting (using more precise words) / no change
extra information
1 vague, vogue word
2 Prefer a more precise alternative if appropriate.
3 Viable originally meant capable of independent existence or survival. It is best
reserved for cases where its original meaning is appropriate.
further reading
Fowler’s English Usage p 824
Garner’s Dictionary pp 813 (slipshod extension), 915, 919 (vogue words)
Garner’s Legal Style pp 34, 144, 199
Gowers’ Plain Words pp 40, 217, 267
Right Words p 418
Working Words p 548
vicinity
see—in the vicinity of
view
see—in view of; point of view; with a view to
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–6
V
viewpoint

usage—avoid using if possible
try—recasting
extra information
1 vogue word
2 Viewpoint (like angle, point of view and standpoint) can be useful if
appropriately used. However, it is sometimes used as a refuge from the trouble
of precise thought and provides a clumsy way of saying something that could be
said more simply and effectively.
example of change
There is no reason to keep applications that have been processed, apart from a
statistical information viewpoint except for statistical information.
further reading
Fowler’s English Usage p 604 (point of view)
Garner’s Dictionary p 916 (viewpoint; point of view; standpoint)
Gowers’ Plain Words pp 61–2
Partridge p 321 (standpoint etc)
vires

usage—avoid using if possible
try—power / authority
extra information
foreign word
see also—ultra vires
further reading
Garner’s Dictionary p 917
virtually
[also virtual]

usage—consider alternatives before using
try—omitting / recasting (using more precise words) / no change
extra information
1 hedge word (diminisher)—weasel word
2 vague word
3 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary pp 917, 926 (weasel words)
Garner’s Legal Style pp 144, 192
Right Words p 419
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–7
V
virtue
see—by virtue of
vis-à-vis

usage—avoid using if possible
try—face to face / opposite / in relation to / about / as regards / regarding /
on / for / in / of / over / to / with / recasting (using more precise words)
extra information
foreign phrase
further reading
Cambridge Style Guide p 793
Fowler’s English Usage p 827
Garner’s Dictionary p 917
Right Words pp 419–20
Working Words p 549
visit with

usage—never use
try—visit / afflict (with)
extra information
1 phrasal verb
2 Use the simple verb.
see also—consult with; meet with / meet up with; miss out on
examples of change
1 There was nothing to do but visit with each other.
2 They were visited with afflicted with epidemics of a strange disease.
further reading
Cambridge Style Guide p 583 (phrasal verbs)
Fowler’s English Usage pp 594–5 (phrasal verbs), 828
Gowers’ Plain Words p 184
Longman English Usage p 758
New Oxford Dictionary p 2066 (visit)
vitiate

usage—consider alternatives before using
try—invalidate / weaken / impair / lessen / reduce / contaminate / corrupt / cure /
correct / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary pp 813 (slipshod extension), 918
Right Words p 420
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–8
V
viva voce

usage—never use
try—orally / spoken / oral examination
extra information
foreign phrase
further reading
Cambridge Style Guide p 794
Fowler’s English Usage p 828
vivos
see—inter vivos
viz

usage—never use
try—namely / that is to say / recasting (using the following) / omitting
extra information
abbreviation of foreign word (videlicet)
further reading
Cambridge Style Guide p 792
Cutts p 39
Fowler’s English Usage p 828
Garner’s Dictionary pp 918–19
Garner’s Legal Style p 144
Working Words p 550
void

usage—consider alternatives before using
try—voidable / no change
extra information
1 Void means of no legal effect at all. A void contract, therefore, gives no rights at
all.
2 Voidable, on the other hand, means capable of being voided or confirmed. A
voidable contract, therefore, is capable of being enforced until it is ended by one
of the parties or declared to be void.
see also—ab initio; void and of no effect
further reading
Garner’s Dictionary p 919 (void; voidable)
void ab initio
see—ab initio
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–9
V
void and unenforceable
see—void and of no effect
void and of no effect

usage—never use
try—void / of no (legal) effect / has no (legal) effect / invalid
extra information
doublet
further reading
Garner’s Dictionary p 920
voidable
see—void
voluntary
[also voluntarily]

usage—consider alternatives before using
try—by choice / unpaid / intentional / spontaneous / willing / no change
extra information
vague word
further reading
Gowers’ Plain Words p 268
Words and Phrases: A Guide to Plain Legal Language
October 2006
V–10
W
want

usage—consider alternatives before using
try—lack / need / require / wish / would like to have / no change
extra information
1 can be vague word
2 can be formal word
3 Prefer an alternative if appropriate.
examples of change
1 Their wants needs were minimal.
2 want lack of resources
further reading
Fowler’s English Usage pp 832–3
Garner’s Dictionary p 924
Partridge p 372
Working Words pp 552–3
warrant
[as a verb]

usage—consider alternatives before using
try—authorise / permit / allow / justify / guarantee / assure / no change
extra information
1 formal word
2 Prefer an alternative if appropriate.
further reading
Garner’s Dictionary pp 924–5
Partridge pp 372–3
wastage
see—waste
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–1
W
waste

usage—consider alternatives before using
try—destroy / throw away / wastage / recasting / no change
extra information
1 Wastage originally meant the quantity wasted or lost by use, decay or other
natural processes. Used in this sense wastage is neutral in its connotations.
2 By contrast, waste can mean to use or expend carelessly, extravagantly or
without purpose. Used in this sense waste has negative connotations.
3 Waste can also mean something eliminated or discarded as no longer useful or
required after completion of a process. Used in this sense waste is generally
neutral in its connotations.
4 Waste is also a legal term of art in property law.
5 Wastage is increasingly used as a formal word for waste. Wastage takes on the
negative connotations of waste when used as its synonym. If a neutral word is
wanted to refer to the natural attrition of a resource, prefer an alternative.
6 Do not use wastage as a long variant of waste.
examples of no change
1 a waste of time
2 go to waste
3 waste disposal
4 wasteland
5 Plants produce oxygen as a waste product.
6 We can’t afford to waste our resources.
7 nuclear waste
example of change
Energy wastage waste was cut by 75%.
further reading
Butterworths Legal Dictionary p 1260 (waste), (wasteland) and (wasteland of the Crown)
Cambridge Style Guide p 801 (waste or wastage)
Fowler’s English Usage p 833 (wastage)
Garner’s Dictionary p 925 (wastage)
Gowers’ Plain Words p 268 (wastage)
Howard’s Guide p 407 (wastage or waste)
Howard’s Handbook p 367 (wastage/waste)
Longman English Usage p 763 (wastage, waste)
New Oxford Dictionary p 2085 (wastage) and (waste)
Working Words p 553 (wastage/waste of)
way
see—by way of; in a … manner/way; in a timely manner/way
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–2
W
westerly (direction) / westwardly / westward(s)
see—easterly (direction) / eastwardly / eastwards
what

usage—consider alternatives before using
try—which / that / who / whom / omitting / no change
extra information
1 In a question, use what if the inquiry is general, because it implies open choice.
Use which if the inquiry is more specific, because it implies alternatives.
2 What is often unnecessary if used with than or as.
3 Do not use what as a relative pronoun instead of who, whom, which or that.
see also—as to whether / who / what / how etc
examples of change
1 She worked harder than what I did.
2 He was the one what whom I most admired.
further reading
Cambridge Style Guide p 805
Fowler’s English Usage pp 839–41
Garner’s Dictionary pp 927–8
Gowers’ Plain Words pp 119–20 (singular or plural verb)
Partridge p 374
Working Words p 558
whatever

usage—consider alternatives before using
try—however / omitting / no change
extra information
Whatever should be used sparingly as an intensifier, and generally only when it is
necessary to emphasise the universal application of a provision.
see also—however; whenever; whichever; whoever / whomever
example of no change
A ship is any kind of vessel, whatever its size, used in navigation by water.
example of change
… (by whatever name called) (however called) …
further reading
Cambridge Style Guide pp 258–9 (–ever or ever)
Dick p 149
Fowler’s English Usage p 841
Garner’s Dictionary p 928
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–3
W
whatsoever

usage—never use
try—of any kind / whatever / recasting
extra information
archaism
example of change
A ship is any kind of vessel, whatsoever whatever its size, used in navigation by
water.
further reading
Dick p 149
Garner’s Dictionary pp 366 (forbidden words and phrases—A. generally useless words and phrases),
928
when

usage—consider alternatives before using
try—where / if / and then / as / no change
extra information
1 For the use of where, if and when, see where.
2 When is sometimes mistakenly used for and then, as or in.
example of no change
A retractable axle is taken to be an axle only when it is lowered.
examples of change
1 Please send me your instructions when I will and I will then estimate how long it
will take to prepare a draft.
2 She was working on the draft when the file server went down. As she was
working on the draft, the file server went down.
3 When In deciding whether to give an approval...
see also—as and when; at the time that/when; if and when; on each occasion when
further reading
Garner’s Dictionary p 928 (when (A))
Garner’s Legal Style pp 65, 81
Gowers’ Plain Words p 105
Partridge p 375
Working Words p 558
when and as

usage—never use
try—when / whenever / as and when / as / recasting
extra information
1 doublet
2 compound preposition
further reading
Fowler’s English Usage p 70 (as and when)
Garner’s Dictionary pp 78–9 (as and when)
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–4
W
whence

usage—never use
try—from where / from which place / from that direction
extra information
archaism
further reading
Cambridge Style Guide pp 338 (hence), 805
Fowler’s English Usage pp 316 (from whence), 842
Garner’s Dictionary pp 376 (from hence; from thence), 878 (thence; whence; hence), 928
Partridge p 375
Right Words p 426
Working Words p 558
whenever

usage—consider alternatives before using
try—when / if / omitting / no change
extra information
1 Whenever should be used sparingly as an intensifier, and generally only if it is
necessary to emphasise a provision’s recurring application.
2 For the use of when and if, see where.
see also—however; whatever; wherever; whichever; whoever/whomever
further reading
Cambridge Style Guide pp 258–9 (–ever or ever)
Fowler’s English Usage p 842
Garner’s Dictionary p 928
Working Words p 260 (how ever/however)
whensoever

usage—never use
try—when / whenever / omitting
extra information
archaism
further reading
Cutts p 30
Gowers’ Plain Words p 268
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–5
W
where

usage—consider alternatives before using
try—if / when / in which / that / recasting / no change
extra information
1 Use where for place, but if to introduce a set of facts, conditions or cases.
However, avoid the use of double ‘if clauses’ (especially ‘if clauses’ within ‘if
clauses’)—preferably by recasting rather than using where for the second if
clause (see example 7, examples of change).
2 Use if when it is possible that something will happen, but not certain. If an
event is so certain that if is inappropriate, use when.
3 Use in which as a relative pronoun rather than where, except to refer to a place.
However, in less formal writing, where may be appropriate.
see also—and (and where); except as / where otherwise provided / indicated
examples of no change
1 The officer must leave the notice where the seizure or damage happened.
2 the place where the car was found
examples of change
1 Where If a person is granted a licence, …
2 Where When this Act expires, …
3 Where If there are 2 or more applicants, …
4 the appeal where in which the precedent was set
5 An emergency situation is where happens if … [or An emergency situation is a
situation in which …]
6 I see where that …
7 An order is an order made in favour of a person if—
(a) if the order is for a residence order—....
further reading
Cwlth OPC Plain English pp 20–1
Garner’s Dictionary pp 928–9
Howard’s Handbook pp 34-5 (as and when/if and when)
Partridge p 287 (see where)
whereabout

usage—never use
try—about that / about which / whereabouts / recasting
extra information
archaism
further reading
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary p 929
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–6
W
whereas

usage—avoid using if possible
try—considering / because / while / although / since / on the contrary / but (by
contrast) / by which / because of which / recasting
extra information
1 formal word
2 archaism (except in contrasts)
3 Before using a preamble or recital, consider if it is necessary.
4 Avoid the use of whereas in preambles, eg by using an introduction like ‘The
Legislative Assembly’s reasons for enacting this Act are—’, followed by short,
numbered sentences. (The enacting words should remain the same whether or
not there is a preamble.)
5 Avoid the use of whereas in recitals, eg by using a heading such as
‘Background’, followed by short declaratory sentences.
further reading
Cambridge Style Guide pp 805–6 (where–)
Cutts p 30
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary pp 929, 931 (while)
Garner’s Legal Style p 144
Law Words 1995 pp 92–4
Partridge p 35 (archaisms)
whereat

usage—never use
try—at which / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary p 929
Partridge p 35 (archaisms)
whereby

usage—avoid using if possible
try—under which / by which / under what / from which / according to which /
recasting
extra information
1 formal word
2 possibly archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary p 929
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–7
W
wherever

usage—consider alternatives before using
try—omitting / no change
extra information
Wherever should be used sparingly as an intensifier, and generally only if it is
necessary to emphasise the exhaustive application of a provision.
see also—however; whatever; whenever; whichever; whoever / whomever
further reading
Cambridge Style Guide pp 258–9 (–ever or ever), 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
wherever occurring

usage—consider alternatives before using
try—omitting / no change
extra information
1 formal phrase
2 legalese
wherefor(e)

usage—never use
try—for that / for which / why / for what purpose / therefore / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary p 929
Garner’s Legal Style pp 96, 116
Partridge p 35 (archaisms)
wherefrom

usage—never use
try—from that / from which / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–8
W
wherein

usage—never use
try—in which / where / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Garner’s Legal Style p 116
whereof

usage—never use
try—of which / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary pp 929–30
Garner’s Legal Style p 116
Partridge p 35 (archaisms)
whereon

usage—never use
try—on which / where / on what / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Partridge p 35 (archaisms)
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–9
W
wheresoever

usage—never use
try—wherever / recasting
extra information
archaism
example of change
This Act applies to all ships connected with Australia, wheresoever they may
be wherever they are.
further reading
Cambridge Style Guide pp 805–6 (where–)
Dick p 149
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary pp 366 (forbidden words and phrases—A. generally useless words and
phrases), 930
where / if the context permits / allows

usage—never use
try—omitting / recasting (using eg unless the contrary intention appears)
extra information
legalese
whereto

usage—never use
try—to which / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
wheretofor

usage—never use
try—recasting
extra information
archaism
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–10
W
whereunder

usage—never use
try—recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
whereupon

usage—never use
try—at / after which / and then / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary p 930
wherewith

usage—never use
try—with which / recasting
extra information
archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
wherewithal

usage—never use
try—the means (esp. financial) / the resources (esp. financial) / recasting
extra information
1 formal word
2 possibly archaism
further reading
Cambridge Style Guide pp 805–6 (where–)
Fowler’s English Usage p 843 (where– compounds)
Garner’s Dictionary p 930
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–11
W
whether / whether or not

usage—consider alternatives before using
try—if / no change
extra information
1 Prefer if if appropriate. However, whether is generally preferable to express an
alternative or possibility rather than a conditional idea. Whether leaves the
possibility of something happening evenly balanced, while if suggests greater
uncertainty about whether the possibility will happen. In using if, take care to
avoid ambiguity (see example 1, examples of no change).
2 In the phrase whether or not the words or not are usually superfluous, since
whether implies or not. Whether or not should be reserved for cases where it
means regardless of whether (see example 3, examples of no change).
see also—as to whether/who/what/how/etc; issue as to whether/of whether;
regardless whether
examples of no change
1 Please tell me whether there is any change in your circumstances. [if the person
is required to say now whether there is any change, rather than telling of a future
change]
2 X’s appointment depends on whether there are sufficient funds.
3 Change is coming, whether or not you want it.
4 The committee must find whether the provision of the care complies with the
standards.
examples of change
1 The captain of the ship must decide whether or not to use the emergency beacon.
2 If the court is considering whether or not to make an order about a child...
further reading
Bryson’s Troublesome Words p 214 (whether or not)
Cambridge Style Guide p 806 (whether)
Garner’s Dictionary pp 414 (if (A)), 930 (whether)
Garner’s Legal Style p 144 (whether (or not))
Gowers’ Plain Words p 103
Howard’s Guide p 408 (whether or if)
Howard’s Handbook p 200 (if/whether)
Hudson p 429 (whether or not)
Longman English Usage pp 355 (if 1), 770 (whether)
New Oxford Dictionary pp 904 (if), 2102 (whether)
Partridge pp 148 (if), 376 (whether or no; whether or not)
Right Words pp 201-2 (if / whether), 426 (whether)
Working Words pp 268 (if), 558 (whether or not)
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–12
W
which

usage—consider alternatives before using
try—that / who / whose / and / omitting / recasting (using where, how or
when) / no change
extra information
1 Prefer that wherever grammatically and idiomatically appropriate.
2 That cannot be used in a commenting clause—the relative pronoun must be
which. With a defining clause, either which or that is grammatically permissible.
3 Gowers’ Plain Words (p 158) explains defining and commenting clauses in this
way:
If you say, ‘The man who was here this morning told me that’, the relative
clause is a defining one, it completes the subject ‘the man’, which conveys no
definite meaning without it. But if you say, ‘Jones, who was here this morning,
told me that’, the relative clause is commenting; the subject ‘Jones’ is already
complete and the relative clause only adds a bit of information about him which
may or may not be important but is not essential to the definition of the subject.
4 A useful test for distinguishing between commenting and defining clauses is
given by Garner (Legal Style p 141). If putting the clause in brackets leaves the
basic meaning of the sentence intact, the clause is a commenting clause
(properly introduced by which). If the sentence is rendered nonsensical or its
meaning is changed, the clause is a defining clause (properly introduced by
that).
5 Commenting clauses should be used infrequently in legislative drafting.
6 Although that as a relative pronoun may not be preceded by a preposition, it is
permissible for which to be preceded by a preposition.
7 Do not use which to refer to people, other than people in a body (see that).
8 Do not use which without a proper antecedent. Which should only be used to
refer to a specific antecedent, and not to a general idea or whole statement (see
example 13, examples of change).
9 For the use of whose instead of of which for inanimate objects, see whose.
10 If which is needed as the subject of a subclause, try restructuring as a new
provision.
see also—and (and which/or which); during which; for which (there is); in which;
on which; to which this [provision] applies
examples of no change
1 the journey for which the ticket was issued
2 the salary or wage to which the officer was entitled
3 a newspaper circulating generally in the locality to which the recommendation
relates
4 a program by which stated objectives are to be achieved
5 The consequences of entering into the agreement are stated in section Y, which
has effect despite anything in the agreement. [However, it would be preferable
to recast this as 2 sentences (using separate provisions).]
6 a scheme under which participants …
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–13
W
which [continued]
7 as long as the premises are used for the purposes for which they are presently
used
examples of change
1 premises at which where …
2 the times at which when the road may be used
3 land on which where …
4 state the place at which where …
5 stating the way in which how the accreditation
6 Section 10 explains the way in which how meat processing is to be recorded.
7 the day on which notice is given
8 a corporation the assets of which whose assets [or having assets or with assets]
9 the court by which that convicts an insurer is convicted
10 the parts of the land in which where a pensioner has rights to exclusive
occupancy
11 state the place at which, the way in which and the person to whom where and
how the penalty may be paid.
12 the month in which when the system is installed
13 You must finish your homework, after which and only then may you watch
television.
14 property of which the defendant is the sole owner owned solely by the defendant
15 The application must state the grounds on which the warrant is sought for
seeking the warrant.
16 The vehicle standards set the standards with which that vehicles must comply
with to be registered.
further reading
Cambridge Style Guide pp 806–7
Dick pp 132–3
Cwlth OPC Plain English p 19 (of which)
Fowler’s English Usage pp 774–5 (which/that), 844–5
Garner’s Dictionary pp 765–7 (restrictive and non–restrictive clauses), 930-1
Garner’s Legal Style pp 140–1
Gowers’ Plain Words pp 120–1, 189–90
Partridge pp 376–7
Right Words pp 395–7
Working Words pp 558–9
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–14
W
whichever

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
Whichever should be used sparingly as an intensifier, and generally only when it is
necessary to emphasise the universal application of a provision.
see also—however; whatever; whenever; wherever; whoever/whomever
further reading
Cambridge Style Guide pp 258–9 (–ever or ever)
whichever first occurs / occurs first

usage—never use
try—omitting / recasting (using earlier) / whichever happens first
extra information
1 formal phrase
2 legalese
whichever happens first

usage—avoid using if possible
try—omitting / recasting (using earlier)
extra information
1 legalese
2 Often it is clear from the context that one event in a list of events will happen
first and cause a particular result.
examples of change
1 The licence remains in force after its current term ends until—
(a) the licence is renewed; or
(b) a provisional renewal of the licence lapses; or
(c) an application for renewal is withdrawn or refused;
whichever happens first.
2 The notice must be filed and served within 1 week after the earlier of—
(a) the day when the bill was served; and
(b) the day when the notice of rights was served;
whichever happens first.
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–15
W
whichsoever

usage—never use
try—omitting / recasting / whichever
extra information
archaism
while

usage—consider alternatives before using
try—although / and / but / when / no change
extra information
1 While should be used only in its temporal sense, eg ‘Your letter came while I
was on holidays’.
2 Its use as a conjunction equivalent to although can be ambiguous and
inappropriate in formal writing.
3 While should not be used as a synonym for and.
see also—while … at the same time
examples of no change
1 I will draft the first instrument while you are preparing instructions for the next.
2 The guard may not leave the entry door while on duty.
examples of change
1 While Although the language of the draft is plainer, its substance is unchanged.
2 The first edition of the book was published in English and in French, while and
the second edition was published only in French.
further reading
Cambridge Style Guide pp 807–8
Fowler’s English Usage p 845
Garner’s Dictionary p 931
Garner’s Legal Style pp 144–5
Gowers’ Plain Words pp 105–6
Partridge p 378
Working Words p 559
while … at the same time

usage—avoid using if possible
try—while
extra information
redundancy
example of change
While she was carrying on her practice, she was at the same time working on her
thesis.
further reading
Garner’s Dictionary p 931
Words and Phrases: A Guide to Plain Legal Language
October 2006
W–16
W
whilst

usage—never use
try—while / although / and / but / when
extra information
1 formal word
2 becoming an archaism
example of change
a person who, whilst although not qualifying as an operator, …
further reading
Cambridge Style Guide pp 807–8
Cutts pp 30, 31, 37
Fowler’s English Usage 845 (while)
Garner’s Dictionary p 932
Gowers’ Plain Words p 106
Partridge p 26 (among and amongst; amid, amidst; while, whilst)
Right Words p 426
Working Words p 559
whither

usage—never use
try—to where / to which place / where / in which direction
extra information
archaism
further reading
Cambridge Style Guide p 338 (hence)
Fowler’s English Usage pp 846–7
Garner’s Dictionary p 932
Right Words p 426 (whence)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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who

usage—consider alternatives before using
try—that / whom / recasting / no change
extra information
1 Normally, who is used as the relative pronoun to refer to human beings, and that
(or which) is used to refer to inanimate things. However, that can also be used to
refer to people or words that might be thought of as people-substitutes, eg
anyone, everyone and someone (although who comes more naturally in most
cases).
2 Either who or that may be used to refer to groups of people described using a
collective noun (eg a committee), but that should be preferred.
3 Use that to refer to both humans and animals or humans and things.
4 The traditional distinction between who and whom is that who acts as the subject
of a verb (eg ‘the person who is talking’) and whom as the object of a verb or
preposition (eg ‘the person of whom we spoke’). However, whom is increasingly
rarely used (except after prepositions) and often sounds unnatural and even
excessively pedantic. If possible, avoid both infringing the traditional distinction
and the use of whom by using that, omitting whom, or otherwise recasting.
see also—and (and who); as to whether/who/what/ how/etc; who has; who or that;
whom
examples of change
1 The corporation who that made the decision no longer exists.
2 The draft was prepared by a team of drafters, none of who whom are here today.
[or ..., and none of them are here today]
further reading
Cambridge Style Guide pp 809–10 (whom)
Cwlth OPC Plain English p 18
Fowler’s English Usage pp 773 (who or that), 847–9 (who and whom)
Garner’s Dictionary pp 932–4
Garner’s Legal Style pp 145 (who; whom), 202 (to avoid sexist language)
Gowers’ Plain English pp 122, 189–90 (who or that) 124–5 (who or whom)
Partridge pp 378–9
Right Words pp 395 (who or that), 427–8 (who/whom)
Working Words pp 559 (who/that), 559–60 (who/whom)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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whoever / whomever

usage—consider alternatives before using
try—omitting / recasting / no change
extra information
1 Whoever should be used sparingly as an intensifier, and generally only when it is
necessary to emphasise the universal application of a provision.
2 Whomever sounds very stilted. If possible, avoid using whomever.
see also—however; whatever; whenever; wherever; whichever
further reading
Cambridge Style Guide pp 258–9 (–ever or ever)
Fowler’s English Usage p 849
Garner’s Dictionary pp 934–5
Right Words p 427 (whoever/who ever)
Working Words p 260 (how ever/however)
who has

usage—consider alternatives before using
try—with / no change
example of change
The person who has with the strongest claim will succeed.
whole of

usage—consider alternatives before using
try—entire / full / total / whole / all of / omitting / recasting / no change
examples of change
1 the value of the whole of the entire property
2 If the whole of all of the insurer’s CTP business is transferred …
3 a road with street lighting along the whole of the road
wholly

usage—consider alternatives before using
try—completely / entirely / fully / totally / recasting / no change
extra information
Do not use more or less wholly.
examples of change
1 a structure wholly completely enclosed by walls
2 a business wholly totally or substantially owned by the family
3 wholly fully or mainly engaged in primary production
further reading
Gowers’ Plain Words p 151 (more or less wholly)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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whom

usage—avoid using if possible
try—that / who / omitting / recasting
extra information
see also—who
examples of change
1 He needs someone in whom he can trust who can be trusted.
2 She needs someone in whom she can confide in.
3 He is the person whom we believe will be successful.
who or that

usage—never use
try—who / that
extra information
see also—who
whose

usage—consider alternatives before using
try—recasting / of which / no change
extra information
1 Although whose is increasingly being used to refer to animals and things as well
as people, it should not generally be used in this way in formal writing.
2 Prefer recasting if practicable. If not, prefer whose to of which.
examples of change
1 The pedestrian was hit by a car whose lights were not on without its lights on.
[or that did not have its lights on]
2 We stayed at a farm whose owner is owned by a wine maker.
3 the dog whose leg was broken with a broken leg
further reading
Cambridge Style Guide pp 808–9 (who and whose)
Fowler’s English Usage pp 849–50
Garner’s Dictionary p 934
Garner’s Legal Style p 145
Gowers’ Plain Words pp 125–6
Partridge p 379
Right Words pp 396–7 (that/which/who/whose)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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whosoever / whomsoever
usage—never use
try—whoever / whomever / omitting
extra information
archaism
further reading
Fowler’s English Usage p 849 (whoever)
Garner’s Dictionary pp 366 (forbidden words and phrases—A. generally useless words and
phrases), 934
Garner’s Legal Style p 145
Partridge pp 35 (archaisms), 379
wife

usage—consider alternatives before using
try—spouse / partner / domestic partner / no change
extra information
1 Discrimination on the ground of marital status is unlawful under the
Discrimination Act 1991.
2 Prefer an alternative if appropriate.
3 See LA, s 169 (References to domestic partner and domestic partnership).
will
[as a verb]

usage—consider alternatives before using
try—may / must / recasting / no change
extra information
1 Traditionally, shall is used for the first person, simple future tense (eg ‘I/we
shall go to town tomorrow’) and will is used for the second or third person,
simple future tense (eg ‘You/he/they will go to town tomorrow’). Avoid the use
of shall or will with the first person, simple future tense by recasting.
2 Will can usefully be used instead of must:
in a standard form contract—to express the obligations of
the party supplying the contract; or
in a contract or arrangement involving delicate relations
between the parties—to express both parties’
obligations; or
in an instrument—to direct a person of the same standing
as the maker of the instrument to do something (see
example 3, examples of no change).
However, must should be used to create obligations intended to have criminal or
direct civil consequences.
see also—last will and testament
Words and Phrases: A Guide to Plain Legal Language
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will
[as a verb] [continued]
examples of no change
1 The insurer must tell the commissioner that the issue will not be referred to the
tribunal.
2 changes that will result in a more effective and efficient maritime industry [used
in an objects clause]
3 An agency head will ensure that workplace conditions do not have an indirect
effect of discriminating against employees because of race, sex, or physical
disability. [from a direction given by an official of the same standing as the
agency head.
Note There are no criminal or direct civil consequences for not complying with
the direction.]
examples of change
1 Payment of the amount will be enforceable may be enforced under this part.
2 The authority will must grant a statutory fishing right to a person who is eligible
for the grant of the right.
3 The commissioner will may exercise the following powers of the agency: …
further reading
Cambridge Style Guide pp 687–8 (shall or will)
Fowler’s English Usage pp 706–7 (shall and will)
Garner’s Dictionary pp 941–2 (words of authority)
Garner’s Legal Style p 139 (shall; will)
Gowers’ Plain English pp 141–2 (shall and will)
will and testament
see—last will and testament
will / would you be good enough to advise me

usage—never use
try—please tell me / please let me know
extra information
officialese
further reading
Gowers’ Plain Words p 18
Words and Phrases: A Guide to Plain Legal Language
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–wise

usage—consider alternatives before using
try—recasting / no change
extra information
New words formed by adding –wise as a suffix to a noun should be used with
caution (eg population-wise, saleswise, taxwise).
further reading
Cambridge Style Guide p 812
Fowler’s English Usage pp 851–2
Garner’s Legal Dictionary p 936
Garner’s Legal Style pp 34, 135
Gowers’ Plain Words p 268
Right Words p 424 (the way of the wise)
Working Words p 553
wit
see—to wit
with
see—by and with; compare to/with; differ with
withal

usage—never use
try—in addition / also / as well / nevertheless / with / omitting / recasting
extra information
archaism
further reading
Fowler’s English Usage pp 833 (Wardour Street), 852
Garner’s Dictionary p 937
Garner’s Legal Style p 146
Partridge pp 35 (archaisms), 380
Words and Phrases: A Guide to Plain Legal Language
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with a view to

usage—avoid using if possible
try—to / for / recasting
extra information
compound preposition
officialese
example of no change
The appeal must be conducted with a view to its prompt disposal. [or The appeal
must be heard and decided as quickly as possible.]
examples of change
1 a proceeding with a view to for the summary conviction of a person
2 a division established with a view to for the election of a member
3 cause an investigation to be made with a view to ascertaining conduct an
investigation to find out
further reading
Gowers’ Plain Words pp 55, 267, 63 (cause an investigation to be made with a view to ascertaining)
Partridge p 380
within / within-named
[as an adjective]

usage—never use
try—omitting / enclosed / recasting
extra information
archaism
examples of change
1 the within property
2 the enclosed document within
further reading
Garner’s Dictionary p 937
Garner’s Legal Style p 146
without doubt

usage—consider alternatives before using
try—omitting / no change
extra information
1 dogmatic phrase
2 Prefer omitting if appropriate.
further reading
Garner’s Dictionary pp 161 (clearly), 632 (overstatement), 926 (weasel words)
Garner’s Legal Style pp 36, 192
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without limiting the generality of

usage—never use
try—without limiting / including, for example / in particular / including / for
example / without limiting the scope of
extra information
1 formal phrase
2 legalese
examples of change
1 Without limiting the generality of subsection (3), …
2 … board a ship and operate it, including, without limiting the generality of the
foregoing, for example, by moving it …
without prejudice to the generality of

usage—never use
try—without limiting / including, for example / in particular / including / for
example / without limiting the scope of
extra information
1 formal phrase
2 legalese
further reading
Garner’s Dictionary p 581 (without prejudice)
Law Words 1995 pp 95–8 (without prejudice as used in negotiations)
with reference to

usage—avoid using if possible
try—for / about / concerning / recasting (using, eg I refer to)
extra information
compound preposition
further reading
Cutts p 30
Gowers’ Plain Words pp 4, 56
Words and Phrases: A Guide to Plain Legal Language
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with regard to

usage—avoid using if possible
try—about / concerning / to / in / for / recasting
extra information
compound preposition
examples of change
1 I am writing to ask with regard to about the availability of suitable staff.
2 Similar considerations apply with regard to the review of decisions.
further reading
Cutts p 30
Fowler’s English Usage p 663 (regard)
Garner’s Dictionary p 747 (regard (A))
Gowers’ Plain Words p 56
with respect to

usage—consider alternatives before using
try—about / for which / for / concerning / in relation to / no change
extra information
1 connecting phrase
2 compound preposition
3 Prefer a simple preposition if appropriate.
4 With respect to should be used as a connecting phrase in instrument-making
powers if the broadest power is wanted (but see LA, dict, pt 1, def in relation
to).
examples of change
1 any matter with respect to which for which provision may be made by a standard
2 a standard with respect to about industry-funded support arrangements
further reading
Cutts p 30
Garner’s Dictionary p 764 (respect)
Garner’s Legal Style p 137 (respect)
Gowers’ Plain Words p 56
with the exception of

usage—never use
try—other than / except / excluding
extra information
verbosity
further reading
Gowers’ Plain Words p 55
Words and Phrases: A Guide to Plain Legal Language
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with the object of

usage—avoid using if possible
try—to
extra information
verbosity
example of change
with the object of preventing to prevent accidents in the workplace
further reading
Garner’s Dictionary p 938
with the result that

usage—avoid using if possible
try—so that
extra information
verbosity
further reading
Gowers’ Plain Words p 260
workman / working man

usage—never use
try—worker / employee / working person
extra information
gender-specific word
further reading
Cwlth Style Manual pp 58 (Sex-neutral references to individuals), 59 (Occupational titles)
Fowler’s English Usage pp 705–6 (sexist language)
Garner’s Dictionary pp 789–803 (sexism), 943
Garner’s Legal Style p 203
Longman English Usage p 645 (sexism)
Words and Phrases: A Guide to Plain Legal Language
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workmanlike

usage—never use
try—skilful / well made / businesslike / recasting
extra information
gender-specific word
see also—man
worthwhile

usage—consider alternatives before using
try—useful / valuable / promising / worth / recasting / no change (using more
precise words) / no change
extra information
1 vague word
2 Prefer a more precise alternative if appropriate
3 When used adjectively, worth needs an object. The object can be either while (ie
the spending of time) or something else (eg having). It is not appropriate to
describe something as simply being worth
4 It is permissible to use worth, but not worthwhile before an –ing word
examples of change
1 Our meeting was worthwhile useful in solving the outstanding issues.
2 The trip was worthwhile worth making.
further reading
Fowler’s English Usage p 857
Garner’s Dictionary p 943
Gowers’ Plain Words p 269
Right Words pp 430–1
Strunk and White p 64
Working Words p 565
would

usage—consider alternatives before using
try—should / omitting / no change
extra information
1 For the use of would and should, see should.
2 Would is often used as a hedge-word, qualifying the absoluteness of the verb
following. Prefer the unqualified verb if appropriate (see would
argue/contend/submit).
example of change
I would agree …
further reading
Garner’s Dictionary pp 943–4, 944 (would seem)
Words and Phrases: A Guide to Plain Legal Language
October 2006
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would argue / contend / submit

usage—avoid using if possible
try—contend / claim
extra information
timid phrase
further reading
Garner’s Legal Style pp 36, 146
writer
see—the present writer; this writer
writing
see—in writing; instrument in writing; notice in writing; reduce to writing
writing signed

usage—avoid using if possible
try—signed notice / signed document / signed instrument / recasting
extra information
1 formal phrase
2 legalese
example of change
A member may resign by writing signed by the member and signed notice of
resignation given to the Minister.
written instrument

usage—never use
try—in writing / written notice / notice / document / instrument / recasting
extra information
redundancy
further reading
Garner’s Dictionary p 456 (instrument)
Law Words 1995 p 42
Mellinkoff’s Dictionary p 319 (instrument)
Words and Phrases: A Guide to Plain Legal Language
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written notice

usage—consider if use is necessary
try—notice / no change
extra information
can be a redundancy
example of no change
The chief executive may, by written notice to the chairperson of the committee,
give the committee a reference.
example of change
A member may resign by signed written notice of resignation given to the Minister.
Words and Phrases: A Guide to Plain Legal Language
October 2006
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Figures
0
see—nought
1
see—more than 1; one
2
see—two
12 am

usage—consider alternatives before using
try—12 noon / midday / midnight / no change
extra information
1 Prefer an alternative.
2 The correct designation for the time at noon is 12 noon or midday, not 12 am
(which strictly speaking means before noon).
further reading
Cambridge Style Guide p 38
Fowler’s English Usage p 46
Right Words p 272
[X] days

usage—consider alternatives before using
try—[Y] weeks/months / no change
extra information
1 Prefer periods expressed in weeks or months rather than days if appropriate.
This is consistent with normal usage.
2 See LA, dict, pt 1, defs calendar month, calendar year, financial year and
month.
example of change
14 days 2 weeks
Words and Phrases: A Guide to Plain Legal Language
October 2006
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Use of Figures
[X] months

usage—consider alternatives before using
try—[Y] year(s) / no change
extra information
1 Prefer periods expressed in years rather than days, weeks or months if
appropriate. This is consistent with normal usage.
2 See LA, dict, pt 1, defs calendar month, calendar year, financial year and
month.
example of change
24 months 2 years
Words and Phrases: A Guide to Plain Legal Language
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