Words and Phrases

ACT Parliamentary Counsels Office
Words and
Phrases
A Guide to Plain
Legal Language
October 2006
The ACT Parliamentary Counsels 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
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guide, please tell us so that we can make the necessary corrections.
Contents
Page
Some thoughts
How to use this Guide
vii
Classification of entries
xv
References
Alphabetical list of words and phrases
Use of figures
xxv
AZ
Other1
Words and Phrases: A Guide to Plain Legal Language

October 2006
iii
Some thoughts
Make everything as simple as possiblebut 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 receivernot 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

October 2006
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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vii
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
usagenever use
tryrecasting / omitting
extra information
archaism
further reading
Butterworths Legal Dictionary p 36
Cutts p 27
Fowlers English Usage p 32 (afore-)
Garners Dictionary pp 37 (aforesaid; aforementioned) , 366 (forbidden words and phrasesA
generally useless words and phrases)
Garners Legal Style p 101
Garners Redbook pp 161, 162
Gowers Plain Words p 202
Howards Guide p 12
Howards Handbook p 12 (aforementioned/aforesaid)
Longman English Usage p 630 (said)
Mellinkoffs Dictionary p 19 (afore-)
avoid using
Practice If possible, avoid using the word or phrase.
Example
emolument
usagenever use
trybonus / pay / wages / salary / remuneration / earnings / money / income /
salary and allowances
extra information
formal word

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example of change
The emolument she received for The income from her part-time work were was not
large.
further reading
Fowlers English Usage p 309 (formal words)
Garners Dictionary p 370 (formal words)
Gowers Plain Words p 223 (emoluments)
Howards 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
usageconsider alternatives before using

tryend / 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 plaintiffs death.
further reading
Blacks 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)
Garners Dictionary p 4
Mellinkoffs Dictionary p 2 (abate, abatement of an action, abatement of legacies; abatement of
nuisance, abatement of taxes)
New Oxford Dictionary p 2

October 2006
ix
acting
[in an office]

tryomitting / no change
extra information
1 It is usually unnecessary to refer to the person acting in an officesee 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

October 2006
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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xi
Further reading
Cambridge Style Guide p 57
Cutts pp 22, 77-8
Fowlers English Usage pp 65-6
Garners Legal Style pp 1824
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
Fowlers English Usage p 163
Gowers Plain Words pp 1617
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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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
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 writers conviction about them. They are, however, often
used unnecessarily or inappropriately.
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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
Garners Legal Style pp 32, 367, 18890
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 speakers 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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xiv
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
Garners Dictionary pp 2925
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
Howards Guide p 154
Longman English Usage p 254
Partridge pp 108-10
Right Words pp 143-4
Working Words p 212
October 2006
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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 writers
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
Garners Legal Style pp 34, 1857
Gowers Plain Words pp 16, 745
Howards 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
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result in certainty. However, this is not always the case. Using legalese often makes
documents incomprehensiblenot 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)
Fowlers English Usage pp 4489
Howards 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 readers understanding of the writers meaning. Much padding is the oral
equivalent of throat-clearingan 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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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
Gowers Plain words pp 659
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 writers 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
Gowers Plain Words pp 67, 712, 17881
Law Words 1995
October 2006
xviii
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
Weasel words
Rule
Avoid weasel words.
Explanation
Websters Third New International Dictionary (Vol. III, p 2590) defines weasel word
in the following way:
weasel word n [ weasel = word; fr. the weasels 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 admans way of crossing his fingers behind
his back when he makes a somewhat elastic statement - Robert Littell.
The Readers Digest Reverse Dictionary (pp 764765) 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].

October 2006
xix
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
Garners Legal Style pp 36, 123, 129, 144, 192
Howards Guide p 407

October 2006
xx
significant
somewhat
sort of
substantial
unduly
very
virtually
References
Asprey
Asprey, Michle M (2003) Plain Language for

Lawyers, 3rd ed, Federation Press, Sydney
Blacks Law Dictionary
Garner, Bryan (ed.) (2004) Blacks 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 Queens English
Blamires, Harry (1994) The Queens English

Bloomsbury Publishing, London
Brysons Mother Tongue
Bryson, Bill (1990) Mother Tongue: The

English Language, Penguin Books, London
Brysons 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

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 Counsels Office, Drafting

Practice Guide, Canberra
Evans
Evans, Richard (1998) Lawful Expressions, Law

Press, Melbourne
Fowlers English Usage
Burchfield, RW (ed) (2000) The New Fowlers

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
Garners Dictionary
Garner, Bryan A (1995) A Dictionary of

Modern Legal Usage, 2nd ed, Oxford
University Press, New York
Garners Legal Style
Garner, Bryan A (1991) The Elements of Legal

Style, Oxford University Press, New York
Garners 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
Howards Guide
Howard, Godfrey (1993) The Good English

Guide, Macmillan Reference Books, London
Howards 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

October 2006
xxii
References
Jowitts Dictionary
Burke, J (ed) (1977) Jowitts 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
Mellinkoffs Dictionary
Mellinkoff, David (1992) Mellinkoffs

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

October 2006
xxiii
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 Counsels 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
Readers Digest Use the Right Word: Modern

Guide to Synonyms and Related Words (1969)
Readers 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

October 2006
xxiv
A
abate

tryend / stop / diminish / reduce / remove / recasting (eg become less
intense/widespread) / no change
extra information
1 formal word
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 plaintiffs death.
further reading
Blacks 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)
Mellinkoffs Dictionary p 2 (abate, abatement of an action, abatement of legacies; abatement of
nuisance, abatement of taxes)
abide
usageavoid using if possible

trylive / 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 clubs rules.
further reading
Blacks Law Dictionary p 4 (abide; abide by)
Blamires Plain English p 117
Partridge p 31

October 2006
A1
ab initio
usagenever use
tryfrom 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
Blacks Law Dictionary p 5 (ab initio)
Evans p 116
Garners Dictionary pp 56 (ab initio; in initio), 91920 (void ab initio)
Garners Redbook p 161
Mellinkoffs Dictionary p 2 (ab initio; void ab initio; trespass ab initio)
able
seeis/are able to
ablution facilities
usagenever use
trywashbasin / bathroom / recasting
extra information
1 formal phrase
2 also euphemism with humorous overtones
example of change
A commercial kitchen must have ablution facilities a washbasin.
further reading
Fowlers 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)

October 2006
A2
abode

tryhome / 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
Blacks Law Dictionary p 5 (abode)
Garners Dictionary pp 7 (abode, place of), 301 (dwelling house; dwelling; usual place of abode)
Partridge p 103

October 2006
A3
above

tryover / 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).
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
Brysons Troublesome Words p 149 (over)
Howards Guide p 362 (see above and below)
Howards Handbook p 330 (see above and below)
Partridge pp 2 (above and below), 24 (above and over; below and beneath and under)
Working Words p 7 (above/over)

October 2006
A4
abovementioned /
abovelisted /
abovequoted
usagenever use
tryrecasting
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)
Garners Dictionary pp 89 (above B; above-mentioned; above-quoted; above-styled; abovecaptioned)
Garners Legal Style p 100 (above-mentioned; above-listed)
Longman English Usage p 5 (above)
absence
seein the absence of
abuts

tryadjoins / is adjacent to / is next to / recasting
extra information
1 formal word
see alsoadjacent; adjoining
example of change
If the lots have a boundary abutting adjoining the same part of a road,
further reading
Blacks Law Dictionary p 11 (abut)
Evans p 116 (abutting)
Garners Dictionary p 12 (abutment; abuttals)
Garners Legal Style p 183 (abutting)
Garners Redbook p 157 (abutting)

October 2006
A5
accede

trygrant / allow / agree / consent / permit / take up office / no change
extra information
1 formal word
2 Prefer a simpler alternative if appropriate.
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)
Cutts p 26
Garners Dictionary p 12 (accede; exceed)
Garners Redbook p 157 (accede to)
Longman English Usage p 7 (accede, exceed, succeed)
Partridge p 5 (access; accession)
Working Words p 8
accommodation

tryhousing / houses / home / settlement / compromise / convenient arrangement /
recasting using eg adapt / no change
extra information
Prefer a less formal alternative if appropriate.
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)
Fowlers English Usage p 15 (accommodate, accommodation)
Howards Guide p 5 (accommodate and accommodation)
Howards Handbook p 6 (accommodate/accommodation)
Longman English Usage p 10 (accommodation(s))

October 2006
A6
accompany

tryrecasting (using with or attached) / no change
extra information
Prefer a simpler alternative if appropriate.
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 Queens English p 239
accord

trygive / grant / agree / recognise / recasting (using more direct language) /
no change
extra information
1 formal word
1 the accord between Australia and Indonesia
2 He went of his own accord.
example of change
Our views accord agree.
further reading
Garners Dictionary pp 14 (accord; accordance), 145 (accord; afford), 15 (accord; concord)
Garners Redbook p 182 (accord; accordance)
Longman English Usage p 10 (accord, account)
Mellinkoffs Dictionary p 582 (accord and satisfaction)
Right Words p 9
accordance
seein accordance therewith; in accordance with

October 2006
A7
accordingly

tryso / 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.
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
Fowlers English Usage pp 15, 7023 (sentence adverbs)
Garners Dictionary p 791 (sentence adverbs)
according to

tryrecasting (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.
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 childs 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
Fowlers English Usage pp 15 (according), 167 (compound prepositions)
Garners Dictionary pp 15 (according), 81 (as regards; as respects; as concerns)
Howards Guide p 5
Longman English Usage p 10 (according)
New Oxford Dictionary p 11 (according)
Partridge p 80 (conjunctions, disguised)

October 2006
A8
account
seeon account of
accountable
[also accountability]

tryresponsible / 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.
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 meetings 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 executives department.
further reading
Howards Guide p 6 (accountable or responsible)
Howards Handbook pp 67 (accountable/responsible)
Partridge p 5

October 2006
A9
accrue

tryadd / 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).
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
accustomed to

tryused to / recasting (using usually) / no change
extra information
1 formal phrase
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
Garners Dictionary p 17 (accustomed)
Longman English Usage p 11 (accustom)

October 2006
A10
achieve

tryget / 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.
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 145
Howards Guide p 6
Hudson p 9
Longman English Usage p 12 (achieve, achievement)
acknowledge

tryrecasting (using, eg Thank you for your letter) / no change
extra information
1 formal, impersonal word used in letter writing, eg I acknowledge
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
Garners Legal Style p 100 (acknowledgment)
Howards Guide p 6 (acknowledge/acknowledgement)
Howards Handbook p 7 (acknowledge/acknowledgement)
Mellinkoff p 8 (acknowledge and confer, acknowledge, acknowledgement)

October 2006
A11
acquaint

trytell / inform / state / mention / say / find out / know / recasting / no
change
extra information
1 formal word
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
Cutts p 26 (acquaint yourself)
Garners Redbook p 157 (acquainted with)
Hudson p 305 (ploddery)
Partridge p 5 (acquaint with)
Right Words p 10
Working Words p 11
acquire

tryget / buy / win / obtain / no change
extra information
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
Garners Redbook p 157, p 159 (acquire knowledge)
Howards Guide p 7
Howards Handbook p 7
Partridge p 5 (acquirement/acquisition)

October 2006
A12
act
seeany act, matter or thing
ACT
seeTerritory
acting
[in an office]

extra information
1 It is usually unnecessary to refer to the person acting in an office (see LA, s 185
and s 220).
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
seechose in action

October 2006
A13
activate

tryoperate / 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.
activated carbon
examples of change
1 the controls that activate operate the vehicles brake
2 The coach activated inspired the team.
further reading
Blamires Plain English p 46 (activate/actuate)
Fowlers English Usage pp 189 (activate/actuate)
Garners Dictionary p 21 (actuate; activate)
Howards Handbook p 8 (activate/motivate)
Howards Guide p 7 (activate or motivate)
Longman English Usage p 14 (activate/actuate)
Partridge p 6 (activate/actuate)
Right Words p 11 (activate/activation)

October 2006
A14
actually / actual

tryin 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 alsodefinitely/definite; real/really
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 234 (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)
Fowlers English Usage pp 19 (actually), 7023 (sentence adverbs)
Garners Dictionary pp 201 (actual; constructive), 21 (actual fact, in), 7912 (sentence adverbs)
Howards Guide p 8
Longman English Usage p 14 (actual/actually)
Mellinkoffs Dictionary pp 112 (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)
Partridge pp 6 (actual and actually), 280 (really, actually and definitely)
Working Words p 13 (actual/actually)

October 2006
A15
actuate

try motivate / operate/ activate
extra information
1 formal word
2 Actuate means to move something to action.
actuating a grey-water diverter
example of change
He was actuated motivated by greed.
further reading
Blamires Plain English p 46 (activate/actuate)
Fowlers English Usage pp 189 (activate/actuate)
Garners Dictionary p 22 (actuate; activate)
Longman English Usage p 14 (activate, actuate)
Partridge p 6 (activate/actuate)
adapt
[also adaptation / adaption]

trychange / 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.
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)
Fowlers English Usage p 20 (adaption)
Garners Dictionary p 22 (adapt and adopt; adaptation)
Garners Legal Usage p 100 (adapt; adopt)
Garners 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)

October 2006
A16
addition
[also additional and additionally]

trymore / extra / another / besides / as well as / additive / omitting / no change
extra information
1 can lead to verbosity
2 Do not use with add.
see alsoin addition to
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)
Garners Redbook p 157 (additional)
Howards Guide p 8 (in addition to)
Longman English Usage p 16 (additionally)

October 2006
A17
adduce

trypresent / introduce / give / offer / deduce / lead / no change
extra information
1 formal word, but used in Cwlth Evidence Act
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)
Garners Dictionary p 22 (adduce; educe; deduce)
Garners 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)

October 2006
A18
adequate

tryrecasting (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 alsoan adequate number of
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)
Garners Dictionary p 23 (adequate; sufficient)
Garners Legal Style p 183 (adequate number of, an)
Garners Redbook pp 159 (adequate number of), 183 (adequate; sufficient)
Howards Guide p 9 (adequate, enough or sufficient)
Howards Handbook p 153 (enough/sufficient/adequate)
Partridge pp 6 (adequate enoughadequate standard of living), 351 (tautologyadequate enough)
adequate number of (an)
usagenever use
trysufficient / recasting (using enough)
extra information
1 verbosity
further reading
Evans p 118
Partridge p 6 (adequate enough)

October 2006
A19
ad hoc

tryrecasting (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
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
Cambridge Style Guide pp 167
Cutts pp 3-9
Garners Dictionary pp 24, 813 (slipshod extension)
Hudson p 12
Right Words p 12
ad idem
usagenever use
tryto the same effect / to that effect / in agreement / of the same mind
extra information
1 foreign phrase
example of change
They were ad idem in agreement.
further reading
Garners Dictionary pp 24, 366 (forbidden words and phrasesA generally useless words and
phrases)

October 2006
A20
adjacent

trynear / 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 alsocontiguous
adjacent houses
example of change
The houses are adjacent next to each other.
further reading
Cambridge Style Guide p 19 (adjacent or adjoining)
Evans p 118 (adjacent to)
Garners Dictionary p 24 (adjacent; contiguous)
Garners Redbook p 157 (adjacent to)
Howards Guide p 9 (adjacent or adjoining)
Howards Handbook p 265 (next to/adjacent/adjoining)
Partridge p 6 (adjacent; contiguous)
Right Words p 12 (adjacent/adjoining/contiguous)
Working Words p 16
adjoining

trynear / 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 alsocontiguous
the adjoining terrace houses
further reading
Cambridge Style Guide p 19 (adjacent or adjoining)
Garners Dictionary p 26 (adjoin)
Howards Guide p 9 (adjacent or adjoining)
Howards Handbook p 265 (next to/adjacent/adjoining)
Longman English Usage p 19 (adjoin, adjourn)

October 2006
A21
adjust

trychange / 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.
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)
Partridge p 103 (Eleganciesadjust ones dress)
Use the Right Word p 6 (adapt and adjust)
administrate
usage never use

tryadminister
extra information
Administrate is a backformation from administration. Use administer.
further reading
Brysons Troublesome Words p 4
Macquarie Dictionary p 26
administrator
seeheirs, executors, administrators, successors and assigns

October 2006
A22
admittedly

tryrecasting (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.
further reading
Fowlers English Usage pp 7023 (sentence adverbs)
Garners Dictionary pp 7912 (sentence adverbs)
adumbrate

tryoutline / foreshadow / overshadow / indicate faintly / no change
extra information
1 formal word
examples of change
1 Counsel adumbrated outlined the plaintiffs case.
2 The garden features were only adumbrated barely visible in the failing light.
further reading
Fowlers English Usage pp 26, 3501 (hard words)
Partridge p 178 (Literarismsadumbrate)
advantageous

tryuseful / helpful / no change
extra information
Prefer a simpler, more precise alternative if possible.
an advantageous position
example of change
It would be advantageous helpful if you could give me your answer next week.
further reading

October 2006
A23
adverse

tryunfavourable / harmful / against
extra information
1 formal words with archaic overtones
2 may have technical legal meaning
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 defendants 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)
Fowlers English Usage p 28 (adverse, averse)
Garners Redbook p 184 (adverse, averse)
advert to

trymention / 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
Garners Dictionary pp 33 (advert; avert), 93 (avert)
Garners Redbook pp 157, 185 (allude; advert; elude)
Longman English Usage p 21 (advert, avert)
Partridge p 7 (advert; avert)
Working Words p 20 (advert/avert)

October 2006
A24
advise

trytell / 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.
see alsowill/would you be good enough to advise me; as at present advised
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
Fowlers English Usage pp 29 (advise, advice), 163 (commercialese)
Garners Redbook pp 157, 184 (advise; advice)
Howards 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 201 (advice/advise/counsel)

October 2006
A25
affect

trychange / 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 Plain English pp 46-7 (affect/effect)
Blamires Queens English p 230 (affect/effect)
Brysons Troublesome Words p 5 (affect, effect)
Cambridge Style Guide p 26 (affect or effect)
Fowlers English Usage p 31 (affect, effect)
Garners Dictionary p 34 (affect; effect)
Garners Legal Style p 101 (affect; effect)
Garners Redbook p 184 (affect; effect)
Howards Guide p 12 (affect or effect)
Howards Handbook p 12 (affect/effect)
Hudson pp 156 (affect(ive/ed), effect(ive/ed))
Longman English Usage p 23 (affect, effect)
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)

October 2006
A26
affirm
[as to truth]

tryswear / 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).
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
Garners Redbook p 165 (affirmation in terms of art)
affirm
[confirm]

tryconfirm / 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 magistrates order was affirmed upheld on appeal.
further reading
Partridge p 39 (assert)

October 2006
A27
affirmative

tryrecasting (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.
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 alsoin the affirmative
further reading
Garners Dictionary p 36 (affirmative, in the; negative, in the)
Garners Redbook p 184 (affirmative (or negative), in the)
Partridge p 28 (answer was...)
affix

tryattach / 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

October 2006
A28
affluent

tryrich / 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
Howards Guide p 12
Partridge p 8
afford

trygive / 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.
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)
Garners Dictionary pp 145 (accord; afford)

October 2006
A29
aforementioned
usagenever use
extra information
archaism
further reading
Cutts p 27
Garners Dictionary pp 37 (aforesaid; aforementioned) , 366 (forbidden words and phrasesA
generally useless words and phrases)
Garners Redbook pp 161, 162
Howards Guide p 12
aforesaid
usagenever use
extra information
archaism
further reading
Asprey pp 124, 220
Cutts p 27
Dick pp 14950
Evans p 118
Garners Dictionary p 37 (aforesaid; aforementioned)
Garners Redbook pp 161-2
Howards Guide p 12
Law Words 1995 p 80 (said)
after
seefrom and after; on and after

October 2006
A30
afternoon
[for time]

trypm
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 also12 am
example of change
five oclock 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]

tryafterwards / 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.
Not long afterwards there was a knock at the door.
further reading
Cambridge Style Guide pp 799800 (-ward or -wards)
Garners Dictionary p 924 (-ward(s))
Howards Guide p 12 (after or afterwards)
Howards Handbook p 13 (after/afterwards/in the wake of)
Working Words p 23

October 2006
A31
against a background of

trybecause 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
age

tryrecasting / omitting / no change
see alsoin this day and age
extra information
In describing a particular age, generally prefer an alternative.
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
Longman English Usage pp 245

October 2006
A32
aggregate

trytotal / 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.
examples of change
1 fines aggregating totalling almost $100 000
2 the aggregate all of our experience
further reading
Cutts p 27
Garners Dictionary pp 39 (aggregate; aggregation), 39 (aggregate)
Partridge p 9
aggrieved

trydissatisfied / adversely affected / recasting / no change
extra information
1 Aggrieved implies a feeling of resentment at having been unfairly treated.
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)
Garners Dictionary p 39 (aggrieve)

October 2006
A33
agree on / to

trypermit / 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 alsomutually agree; understood and agreed; undertake and agree
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)
Garners Dictionary pp 3940, 40 (agree with; agree to; agree on)
Garners Legal Style p 187 (agree and covenant)
Hudson pp 178
Partridge p 9

October 2006
A34
aid

tryhelp / 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)).
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
Brysons Troublesome Words p 6 (aid and abet)
Butterworths Legal Dictionary p 42 (aid and abet)
Cambridge Style Guide p 31 (aid or aide)
Garners Dictionary p 40 (aid and abet)
Garners Legal Style p 188 (aid and abet)
Garners Redbook p 163 (aid and abet in doublets)
Howards Guide p 14 (aid or help)
Law Words 1995 pp 102 (aid and abet)
Longman English Usage p 26 (aid, aide)
Melinkoffs Dictionary pp 212 (aid and abet, aid and comfort)
Partridge p 39 (assist to)
aim for
usagenever use
tryaim at
extra information
1 non-standard English
2 Use aim at.
further reading
Fowlers English Usage p 37 (aim)
Garners Dictionary p 40 (aim to; aim at)

October 2006
A35
alia
seeinter alia
alibi

tryexcuse / 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
Brysons Troublesome Words p 8 (alias, alibi)
Howards Guide p 16
Melinkoffs Dictionary p 24
Partridge p 12
Right Words p 21
Working Words p 25

October 2006
A36
all

trya / 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 alsoall and every; all and singular; all ...not; all of; any and all; at all times;
each and all; reasonable (all reasonable means)
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
Dickerson p 131
NZ Legislation Manual pp 401
Partridge p 13
Right Words p 21
all and every
usagenever use
tryall / a / each / the / omitting
extra information
1 doublet
further reading
Garners Legal Style p 188 (any and all)
Garners Redbook p 163 (any and all in doublets)
Partridge p 113 (every)
all and singular
usagenever use
tryall / the / each / omitting
extra information
1 doublet
further reading
Garners Redbook p 163 (doublets)
Partridge p 389 (whole)
October 2006
A37
allay

tryremove / avoid / relieve / alleviate / diminish
extra information
1 formal word
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
Brysons Troublesome Words p 8 (allay, alleviate, assuage, relieve)
Working Words p 25 (allay/alleviate/assuage/relieve)
allege
[also allegation]

tryclaim / 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.
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)
Fowlers English Usage p 41 (alleged)
Garners Dictionary pp 43 (allege; contend), 434 (allegedly)
Garners Legal Style p 106 (claim)
Garners Redbook p 185 (allege; accuse; contend)
Howards Guide p 16 (allegation or allege)
Howards Handbook p 16 (allege/allegation)
Melinkoffs Dictionary p 25 (allege/alleged/allegation)
Partridge p 13

October 2006
A38
allergic
[also allergy]

tryrecasting (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.
He had a severe allergic reaction to the antibiotic.
example of change
She is allergic to dislikes loud music.
further reading
Fowlers English Usage p 42 (allergy)
Longman English Usage p 29 (allergic, allergy)
Partridge pp 13, 377 (vogue words)
Right Words p 21
all not

trynot all / no change
extra information
For negative constructions, prefer not all to avoid ambiguity.
see alsonot
example of change
All drafters did not use the precedent. Not all drafters used the precedent. or
No drafters used the precedent.
further reading
Garners Dictionary p 43 (all B)

October 2006
A39
allocate

trygive / divide / set apart / designate / assign / distribute / no change
extra information
1 formal word
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
all of

tryall / 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.
1 all of them
2 all of whom
example of change
All of the claims were dismissed.
further reading
Fowlers English Usage p 41 (all 1)
Garners Dictionary p 43 (all A)
Howards Guide 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
seeis/are allowed to

October 2006
A40
allows
seewhere/if the context permits/allows
allude to

tryrefer (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 allusionsee 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).
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), 2367 (elusive or allusive)
Fowlers English Usage p 44 (allusion, allude)
Garners Legal Style pp 1012 (allude; elude)
Garners Redbook p 185 (allude; advert; elude)
Howards Guide p 17 (allude or refer)
Howards Handbook p 17 (allude/refer)
Longman English Usage p 29 (allude, elude)
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
seeallude and illusion

October 2006
A41
alter

trychange / 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.
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)
Howards Guide p 17 (alter or change)
Howards Handbook pp 189 (alter/change)
Longman English Usage p 31 (altar/alter)
Working Words p 29 (altar/alter)

October 2006
A42
alternate
[also alternately]
[as an adjective]

tryrecasting (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 seriescompare
alternative.
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)
Garners Dictionary p 47 (alternate; alternative)
Garners Legal Style p 102 (alternative; alternate)
Garners Redbook p 185 (alternative; alternate)
Gowers Plain Words pp 2034 (alternate(ly), alternative(ly))
Howards Guide pp 178 (alternate or alternative)
Howards 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 234 (alternate/alternative)
Strunk and White p 40 (alternate; alternative)
Working Words p 29 (alternate/alternative)

October 2006
A43
alternative
[also alternatively]

trydifferent / 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 choicecompare
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.
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 Plain English pp 323
Blamires Queens English pp 23940
Cambridge Style Guide p 37 (alternate or alternative)
Evans p 118 (alternate/alternative)
Garners Dictionary p 47 (alternate; alternative)
Garners Legal Style p 102 (alternative; alternate)
Garners Redbook p 185 (alternative; alternate)
Gowers Plain Words pp 17, 2034 (alternate(ly), alternative(ly))
Howards Guide pp 178 (alternate or alternative), 18 (alternative)
Howards Handbook p 19 (alternate/alternative; alternative)
Hudson p 21 (alternative, alternate)
Longman English Usage pp 31 (alternate, alternative), 312 (alternative)
Partridge pp 16 (alternate and alternative), 17 (alternative and choice), 377 (vogue words)
Right Words pp 234 (alternate/alternative)
Strunk and White p 40 (alternate. alternative)
Working Words p 29 (alternate/alternative)
ambiguous
seeambivalent
October 2006
A44
ambivalent

tryambiguous / 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.
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)
Brysons Troublesome Words p 10 (ambiguous, equivocal)
Cambridge Style Guide p 39 (ambiguity)
Garners Redbook p 185 (ambiguous; ambivalent)
Howards Guide p 19 (ambiguity and ambiguous; ambivalence and ambivalent)
Howards Handbook p 20 (ambiguous)
Hudson p 23 (ambiguous, ambivalent)
Longman English Usage pp 345 (ambiguous, ambivalent)
Melinkoffs Dictionary p 26 (ambiguity)
Partridge p 377 (vogue words)
Right Words p 24 (ambivalent/ambivalence)
Working Words pp 301 (ambiguous/ambiguity), 31

October 2006
A45
ameliorate

tryimprove / 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.
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
Garners Dictionary p 50 (ameliorate; meliorate)
Partridge p 25
Working Words p 31
amend
seealter
amend and alter

seealter

October 2006
A46
amenity

tryrecasting (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
Garners Dictionary p 50 (amenability; amenity)
Garners Redbook p 185 (amenable; amenity)
Howards Guide p 19

October 2006
A47
among

trybetween / 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.
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
Brysons Troublesome Words p 10 (amid, among), 24 (between, among)
Cambridge Style Guide pp 412 (amid(st) or among(st)), 845 (between or among)
Fowlers English Usage pp 49 (among, amongst), 106 (between 2)
Garners Dictionary pp 53, 1056 (between A), 857 (superstitionsH. Never use between with
more than two objects)
Garners Legal Style p 102 (among; between)
Garners Redbook p 189 (between; among)
Howards Guide p 46 (between or among)
Howards 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)

October 2006
A48
amongst

tryamong / between
extra information
1 becoming an archaism (although opinions are divided about this)
further reading
Cambridge Style Guide pp 412 (amid(st) or among(st))
Fowlers English Usage p 49 (among, amongst)
Garners Dictionary p 53 (among A)
Howards Guide p 20 (among or amongst)
Howards Handbook pp 212 (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)

tryomitting
extra information
verbosity
example of change
the amount equal to the difference between
analogous

trylike / 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
Garners Dictionary p 54 (analogous; analogical)
Partridge p 27 (analogous and similar)
Right Words p 26 (analogy/analogous)
Working Words p 33 (analogy/analogous)

October 2006
A49
analysis
seein the final/last/ultimate analysis
and

tryrecasting / 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 187192 (And and or)
Blamires Queens English pp 15862, 170, 171, 173
Brysons Troublesome Words pp 10 (and), 101 (and which)
Cwlth Style Manual, pp 71 (Compound subjects), 72 (And or but to start a sentence)
Garners Legal Style pp 19, 512, 65, 70
Gowers Plain Words pp 98 (sentences beginning with and), 98100 (And which), 188 (and which)
Howards Guide pp 223
Hudson pp 278

October 2006
A50
and [continued]
Longman English Grammar pp 83-4 (Sentence/turn-initial coordinators)
NZ Legislation Manual p 41
Partridge pp 27-8 (and to and yet which)
Strunk and White pp 10, 256, 63
Working Words pp 345, 356 (and which)
and authority
seepower and/or authority
and complete
seefull and complete
and completely
seeentirely and completely
and discharge
seepay, satisfy and discharge; perform and discharge; relieve and discharge

October 2006
A51
and / or

tryor / 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.
further reading
Asprey pp 1923
Cutts p 32
Cwlth OPC Plain English p 17 (in support)
Dick pp 10711
Evans p 119
Howards Guide p 23
Mellinkoffs Dictionary p 28
Partridge p 27
Strunk and White p 40
Working Words p 35
angle

tryrecasting / 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.
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
Howards Guide p 23
Partridge pp 28, 330 (standpoint; point of view; viewpoint; angle and slant)
Right Words p 27

October 2006
A52
annex /
annexe

tryattach / join / add / take (without permission) / no change
extra information
1 formal word
3 The verb is always spelt annex. The noun is spelt annexe.
the building annexe
example of change
A copy of the convention is annexed attached.
further reading
Garners Dictionary pp 59, 369 (formal words)
Howards Guide p 24
Partridge p 28
Working Words p 36 (annex/annexe)
annum
seeper annum
another person

tryanyone 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
Brysons Troublesome Words p 12 (another)
antagonist
seeprotagonist

October 2006
A53
anticipate
[also anticipation]

tryexpect / 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.
1 They anticipated every threat.
2 He spent in anticipation of next fortnights 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
Brysons Troublesome Words pp 123
Cutts p 32
Garners Redbook p 186 (anticipate; expect)
Howards Guide p 25 (anticipate or expect)
Howards Handbook p 26 (anticipate/expect)
Hudson p 31
Partridge pp 289 (anticipate and expect)
Right Words pp 289
Strunk and White pp 401
Working Words p 37

October 2006
A54
antithetical

tryagainst / 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 firms code of ethics.
2 Your beliefs are antithetical directly opposed to mine.
further reading
Fowlers English Usage p 57 (antithesis)
Garners Legal Style pp 1589 (antithesis)

October 2006
A55
any

trya / 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 alsoany act, matter or thing; any and all; any other; at any time; if any
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 1656, 220 (any, each, every and all)
Dick p 143
Garners Dictionary pp 26 (adjectives G), 65
Garners Legal Style p 188 (any and all)
Garners Redbook p 163 (any and all in doublets)
Hudson p 31
Longman English Grammar p 184
Partridge p 29
any act, matter or thing
usagenever use
tryanything
extra information
1 Any act, matter or thing is a triplet.
see alsothing

October 2006
A56
any and all / any or all
usagenever use
tryall / any / each / 1 or more of / (2 or more of) / recasting
extra information
1 unclear
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
any other

tryanother / recasting (using eg anyone else / someone else / any) / 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
Howards Guide p 26 (any or any other)
Howards Handbook p 27 (any/any other)

October 2006
A57
apparent

tryclear / plain / obvious / recasting / no change
extra information
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
Mellinkoff p 20 (agency; apparent authority)
appear
seeit appears that / it would appear that
append
usagenever use
tryattach / give with / recasting (using eg at the end / add to the end)
extra information
1 formal word
example of change
The results of the survey are appended to at the end of the chapter.
further reading

October 2006
A58
applicable

trythat applies / applying / suitable / relevant / appropriate / recasting
extra information
1 formal word
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
application
seemake application
applies
seeto which this [provision] applies
appoint
[for date / time]

tryfix / set / decide / recasting / no change
extra information
1 formal word
example of change
the date appointed set for the directions hearing [or the date of the directions
hearing]

October 2006
A59
appraise

tryapprise / 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.
examples of change
1 The valuer appraised assessed the lands 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 Queens English p 230 (appraise; apprise)
Brysons Troublesome Words p 14 (appraise, apprise)
Fowlers English Usage p 63 (appraise, apprise)
Garners Dictionary pp 6970 (appraise; apprise)
Garners Legal Style p 103 (appraise; apprize; apprise)
Garners Redbook p 187 (appraise; apprise; apprize)
Gowers Plain Words pp 2056 (appraise, apprise)
Howards 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

tryconsiderable / 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
Howards Guide p 28

October 2006
A60
appreciate

tryunderstand / 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.
The staff dont 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
Howards Guide p 28
New Oxford Dictionary pp 801
Partridge p 30
Right Words pp 345
Working Words p 43

October 2006
A61
apprehend

tryarrest / detain / seize / become aware / understand / comprehend / perceive
/ grasp / believe / anticipate / suppose / no change
extra information
1 formal word
3 It is apprehended that is officialese.
see alsoit is apprehended that
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)
Fowlers English Usage p 64 (apprehend, comprehend)
Garners Dictionary p 70 (apprehend; comprehend)
Howards Guide p 28 (apprehend or comprehend)
Howards Handbook pp 301 (apprehend/comprehend)
Longman English Usage p 53 (apprehend, comprehend)
Partridge pp 30 (apprehended that, it is), 285 (reprehend)
Working Words p 43 (apprehend/comprehend)

October 2006
A62
apprise

trytell / 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 Queens English p 230 (appraise; apprise)
Brysons Troublesome Words p 14 (appraise, apprise)
Cutts p 27
Fowlers English Usage p 63 (appraise, apprise)
Garners Dictionary pp 6970 (appraise; apprise)
Garners Legal Style p 103 (appraise; apprize; apprise)
Garners Redbook pp 161, 187 (appraise; apprise; apprize)
Gowers Plain Words pp 2056 (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]

tryright / suitable / proper / recasting (using more precise words) / no change
extra information
1 vague word
see alsoas appropriate
further reading

October 2006
A63
approximately
[also approximate]

tryabout / 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
Brysons Troublesome Words pp 145 (approximate)
Evans p 119
Garners Dictionary pp 8 (about; approximately), 71 (approximate; approximal; proximate;
approximately), 369 (formal words)
Partridge p 30
are
seeis/are not to; is/are to
area

tryactivity / 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.
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

October 2006
A64
arguably

tryrecasting (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.
3 ambiguous
further reading
Blamires Common Errors pp 312 (arguable)
Right Words p 36 (arguable)
argue
seewould argue
arising

tryrecasting (using eg because of / resulting from) / omitting / no change
extra information
1 vague word
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)

October 2006
A65
around

tryabout / roughly / nearly / almost / no change
extra information
Prefer about for approximations.
see alsoapproximately
1 He looked around the room.
2 The mountains towered all around.
example of change
Around About 50 people attended the meeting.
further reading
Fowlers English Usage pp 678 (around, round)
Howards Guide p 2 (about, around, round)
Howards Handbook p 3 (about/around/round)
Partridge p 36
Working Words pp 7 (about/around), 46 (around/round)
as

trywhen / 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 alsoas 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.

October 2006
A66
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 Plain English pp 1756 (Mismatches After as), 2178
Brysons Troublesome Words pp 16 (as as), 118 (like, as)
Garners Dictionary pp 778, 78 (as as A. And so as)
Garners Redbook pp 219 (like; as), 235 (since; because; as)
Howards Guide p 32
Hudson pp 367
Partridge pp 367
Style Manual p 103
Working Words pp 478, 48 (as/since/because/for)
as a consequence of

trybecause of / recasting (using so or therefore)
extra information
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
New Oxford Dictionary p 391 (consequence)
as and from
usagenever use
tryfrom / after / on and after / recasting (using eg 6 months beginning on)
extra information
1 doublet
further reading
October 2006
A67
as and when

trywhen / whenever / if / as / recasting
extra information
1 doublet
3 Use as and when only in cases where it is necessary to emphasise that
something happens in stages.
see alsoif and when; unless and until
further reading
Cutts p 32
Fowlers English Usage p 70 (as 6)
Howard Guide p 32 (as and when and if and when)
Howards Handbook pp 345 (as and when/if and when)
New Oxford Dictionary p 95 (as)
Partridge p 37
as appropriate
usagenever use
tryomitting / as the case requires / as the case may be
extra information
1 legalese
3 Omit. Use as the case requires or as the case may be only if absolutely
necessarysee 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].

October 2006
A68
as a / the result of

trybecause of / recasting / no change
extra information
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
Evans p 120
Howards Guide p 32
as at present advised
usagenever use
extra information
1 officialese
further reading
Garners Dictionary p 79 (as at)

October 2006
A69
ascertain

tryfind 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.
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
Working Words p 49
as concerns /
as regards /
as respects
usagenever use
tryfor / about / regarding / concerning / respecting / in relation to /
omitting / recasting
extra information
2 often indicates verbosity
example of change
As regards to content, the program The program will cover important current
issues.
further reading
Fowlers English Usage p 663 (regard)
Garners Legal Dictionary p 81 (as regards; as respects; as concerns)
Garners Redbook p 159 (as regards)
Gowers Plain Words pp 556 (as regards)
Howards Guide p 33 (as regards)
Howards Handbook p 36 (as regards)
New Oxford Dictionary p 1561 (regards)
Strunk and White p 49 (in regard to)

October 2006
A70
as / so far as is / are concerned
usagenever use
tryon / for / to / recasting
extra information
1 verbose, vague
see alsoat 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
Fowlers English Usage pp 169 (concerned), 284 (far 4)
Garners Dictionary p 79 (as far as)
Hudson p 36 (as)
Longman English Usage pp 1589 (concerned)
New Oxford Dictionary p 380 (concerned)
Right Words p 38 (as far as)
as for
seeas to/for
as from

extra information
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)).
see alsoas of
further reading
Howards Guide p 32 (as from and as of)
Howards Handbook p 35 (as from/as of)
Longman English Usage p 60 (as 11)
Working Words p 47 (as)
October 2006
A71
as is often the case
usagenever use
tryoften / recasting / omitting
extra information
1 verbosity
further reading
Partridge p 38
as of

tryon / 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 alsoas 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
Garners Dictionary p 80 (as of A)
Howards Handbook p 35 (as from/as of)
as / so long as

trywhile / only if
extra information
1 compound preposition that often implies a condition
2 Prefer a simper alternative if appropriate.
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
Fowlers English Usage p 468 (long)
New Oxford Dictionary p 1087 (long)

October 2006
A72
as of now /
as of today
usagenever use
trynow / up to the present time / from now / up to now / for the present
extra information
1 compound preposition that has been criticised
further reading
Garners Dictionary p 80 (as of C)
Garners Legal Style p 104 (as of yet)
as on and from
usagenever use
extra information
1 compound preposition and doublet
3 See LA, s 151 (2) (Working out periods of time generally)).
aspect

tryrecasting (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.
see alsoangle; point of view; standpoint; viewpoint
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
Cutts p 43
Garners Legal Style pp 32 (vague word), 205 (omnibus word)
October 2006
A73
aspect [continued]
Partridge pp 4 (abstract nouns), 39
as per
usagenever use
tryaccording to / in accordance with / through / by / as / recasting
extra information
1 commercialese
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 323
New Oxford Dictionary p 1376 (per)
Partridge p 38
as provided by

tryunder
extra information
example of change
bankrupt as provided by under the Bankruptcy Act 1966
as quickly as possible
seeas soon as possible
as quickly as practicable
seeas soon as practicable

October 2006
A74
assign
[as a verb]

trytransfer / 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 Mellinkoffs 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.
see alsotransfer and assign
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 7980 (assignment)
Garners Redbook p 165 (assignment in terms of art)
Howards Guide p 33 (assign or transfer)
Howards Handbook p 36 (assign/transfer)
Mellinkoffs Dictionary pp 36-7
assign
[as a noun]
usagenever use
tryassignee / 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.
4 It is usually unnecessary to define a person to include the persons assignees.
see alsoheirs, executors, administrators, successors and assigns
further reading
Blacks p 127 (assignee)
Dick p 131
Garners Dictionary p 83 (assign; assignee)
Law Words 1995 pp 3840 (heirs, executors, administrators, successors and assigns)
LA, s 168
October 2006
A75
assist
[also assistance]

tryhelp / 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 alsobe of assistance; provide assistance
1 The registrar need not assist a person who wishes to copy the document.
2 a device to assist in fixing a ships 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
Garners Dictionary p 83 (assist; assistance)
Garners Redbook p 157 (assist; assistance)
Longman English Usage p 63 (assist, assistance)
Partridge p 39 (assist to)
association
seein association with

October 2006
A76
as soon as is possible / practicable
usagenever use
tryas soon as possible / as soon as practicable / recasting (mentioning a
period, eg within 14 days)
extra information
1 verbosity
as soon as possible

tryas 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 Verelsts 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.
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)

October 2006
A77
as soon as practicable

tryas 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 alsoWilliams 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 alsoTampion v Chiller [1970] VR 361 at 364, per Anderson J
as soon as reasonably possible / practicable
usagenever use
tryas soon as possible / as soon as practicable / recasting (mentioning a
period, eg within 14 days)
extra information
1 verbosity
further reading
Butterworths Legal Dictionary p 77 (as soon as reasonably possible)

October 2006
A78
as such

tryomitting / in principle / in itself / thus / so / recasting
extra information
1 usually a redundancy
2 The meaning of as such can be ambiguous.
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
New Oxford Dictionary p 1854 (such)
Right Words p 38
assume
seepresume

October 2006
A79
as the case may be / requires

tryomitting / 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.
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 crossbowmeans 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
Garners Dictionary p 133 (case)
Garners Legal Style p 106 (case of, in the)
New Oxford Dictionary p 282 (case)
as the case may require
usagenever use
tryomitting / as the case requires
extra information
1 verbosity
further reading

October 2006
A80
as to / for

tryby / in / into / for / of / on / to / into / with / about / in relation to /
omitting / recasting
extra information
2 vague phrase
3 can be a redundancy
see alsoas 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 persons intention.
3 The authorised person asked as to his name.
4 If the child can form and express views as to about the childs wellbeing, the
views must be sought and considered.
further reading
Evans p 120 (as to)
Garners Dictionary pp 856 (as to)
Hudson p 37 (as 2 (c))
Partridge pp 38, 362 (to)
Right Words p 39 (as to)
Working Words p 50 (as for/as to)
as to whether / who / what / how etc

tryomitting as to / about
extra information
2 As to is a redundancy before whether.
see alsoissue 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
October 2006
A81
as to whether / who / what / how etc [continued]

5 the person must decide as to what
further reading
Brysons Troublesome Words p 17 (as to whether)
Garners Dictionary pp 86 (as to 9); 727 (question (as to) whether; question (of) whether),
930 (whether)
Garners Legal Style pp 104 (as to), 104 (as to whether), 135 (question as to whether; question of
whether)
Garners Redbook p 162 (as to)
Gowers Plain Words pp 557 (as to), 57 (as to whether)
Hudson p 37 (as 2 (c))
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
seeboth
as yet / as of yet

tryyet / 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).
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
Partridge p 38 (as yet)

October 2006
A82
at all times

tryalways / omitting / no change
extra information
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

extra information
see alsofrom time to time
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 ....

October 2006
A83
at least as / so far as is / are concerned

tryomitting / recasting
extra information
1 timid phrase
2 verbosity
3 If possible, use a simpler, more direct alternative.
see alsoas/so far as is/are concerned
further reading
Howards Guide p 94 (concerned)
Howards Handbook p 95 (concerned)
at present

trynow / today / omitting
extra information
1 verbosity
example of change
The club has 5 000 members at present.
further reading
Garners Dictionary p 90 (at the present time; at this time; at present)
Garners Redbook p 159 (at the present time; at this juncture; at this point in time)
New Oxford Dictionary p 1465 (present)

October 2006
A84
attain

tryreach / 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).
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
Cutts pp 27, 31
Garners Dictionary pp 889 (attain; obtain)
Garners Redbook pp 157, 188 (attain; obtain)
Working Words p 53
attempt

trytry / 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.
1 She made another attempt at the record.
2 An attempt to commit an offence is punishable as if the offence had been
committed.

October 2006
A85
attempt [continued]
example of change
He attempted tried to open the door.
further reading
Evans p 120
Howards Guide p 393 (try or attempt)
LA s 189
attendance
seein attendance
attest

trywitness / certify (to the genuineness of) / give evidence (about) / declare / say
/ no change
extra information
1 formal word
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
Blacks Law Dictionary p 138 (attest)

October 2006
A86
at the present day
usagenever use
trytoday / omitting
extra information
1 verbosity
example of change
At the present day Today murder is not punishable by death.
further reading
at the present time

trynow / today / omitting
extra information
1 verbosity
further reading
at the time that / when / of

trywhen / 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.
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)
Garners Dictionary pp 90 (at the time that; at the time when), 912 (at the time of in verbosity)
Garners Legal Style p 183 (at the time when)
Garners Redbook p 159 (at the time that; at the time when)

October 2006
A87
at this time / point of time / moment in time

trynow / today / finally / omitting
extra information
1 vague phrase
2 can be verbose
further reading
Asprey pp 173, 220 (at this particular point in time; at this point in time)
Brysons Troublesome Words p 200 (time, at this moment in)
Garners Legal Style p 34 (point in time)
Howards Guide p 35 (at this moment in time and at the end of the day)
Howards 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]

tryquality / 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.
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 Queens English p 231 (attributable (applicable))
Garners 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

October 2006
A88
attribute
[as a verb]

tryrecasting (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
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 Queens English pp 172, 231 (attributable (applicable))
Cutts p 27
Garners Redbook p 157 (attributable to)
Partridge pp 38 (ascribe and attribute), 40 (attribute; attributed)
Working Words p 53
at your earliest convenience /

at your convenience
usagenever use
trysoon / as soon as you can / as soon as possible / as soon as you like /
whenever its possible
extra information
1 commercialese
2 At your convenience has humorous overtones.
further reading
Cambridge Style Guide p 149 (commercialese)
Gowers Plain Words p 217 (at your convenience)
Howards Guide p 35 (at your convenience)

October 2006
A89
Australia

extra information
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

seeTerritory
authorise

tryrecasting (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.
see alsoauthorise and empower; is/are authorised
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
Blacks Law Dictionary p 143 (authorize)
Evans p 121 (be authorised to)

October 2006
A90
authorise and empower
usagenever use
trypermit / recasting (using may) / allow / authorise
extra information
1 doublet
3 Prefer authorise to empower (or alternatives above).
further reading
Mellinkoffs Dictionary p 41 (authorize/empower)
authority

tryrecasting (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 alsopower and/or authority; is authorised
1 the administering authority may
2 a territory authority
3 The commissioners seal may be used only with the commissioners 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
Blacks Law Dictionary p 142 (authority)
Howards Guide p 36
Hudson p 41
LA, dict, pt 1, def power

October 2006
A91
availability

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
aver
[also averment]

trystate (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.
examples of change
1 a particular averred stated in a complaint
2 He averred declared that he was innocent.
further reading
Blacks Law Dictionary p 145 (aver)
Butterworths Legal Dictionary pp 100 (aver), 101 (averment)
Garners Dictionary p 93 (aver; asseverate; averment; averral)
Garners Redbook p 161 (aver)
Mellinkoffs Dictionary p 25 (allege/alleged/allegation)

October 2006
A92
avert

tryavoid / prevent / turn away (ones 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.
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
Garners Dictionary pp 33 (advert; avert), 93
Longman English Usage pp 21 (advert, avert), 701 (avoid, prevent, avert)
Partridge p 7 (advert; avert)
Working Words p 20 (advert/avert)

October 2006
A93
aware

tryrecasting (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.
3 A person can be made aware of something. But a person cannot be made to
know something.
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
Howards Guide p 37
Oxford English Usage pp 1201
Working Words p 59

October 2006
A94
B
background

tryexplanation / cause / recasting (using more precise words) / no change
extra information
1 vague word
3 Do not use as a verb.
see alsoagainst 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
Right Words p 45 (background)
backward /
backwards

trybackwards / 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.
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 799800 (-ward or -wards)
Howards Guide p 38
October 2006
B1
backward /
backwards [continued]
Hudson pp 434
Right Words p 45 (backward/backwards)
Working Words p 62
basis

tryrecasting (using more precise words) / reason / no change
extra information
1 vague word
2 often associated with padding
4 Do not use on a basis. It is invariably only padding.
see alsoon a basis; on the basis of
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
Blacks Law Dictionary p 161 (basis)
Evans p 120
Fowlers English Usage pp 934 (base)
Garners Dictionary pp 100, 362 (flotsam phrases)
Howards Guide p 43
Partridge p 45

October 2006
B2
bear
[as a verb]

tryhave / carry
extra information
1 formal word
That tree bears sweet fruit.
example of change
The lighter must bear have a label.
further reading
Longman English Usage pp 79 (bear (verb)), 92 (born/borne)
because
seethe reason is because; not because
before
seebefore the end of; on or before
beforementioned
usagenever use
trythe [item previously mentioned] / omitting / recasting
extra information
archaism
further reading
Garners Dictionary pp 9 (above-mentioned; above-quoted; above-styled; above-captioned),
37 (aforesaid; aforementioned)
before the end of

tryrecasting (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.
October 2006
B3
begin
seecommence
beg the question
usagenever use
tryrecasting (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 Australias
fragile environment. The statement begs the question as to whether
immigration really harms Australias 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
Garners Dictionary p 101 (begging the question)
Howards Guide p 44
Partridge p 46
Right Words p 49 (begging the question)
Working Words pp 667

October 2006
B4
behalf
seefor and/or on behalf of; on behalf of
being

tryrecasting / 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 alsonot being; regarded as being
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 supporthas a child
5 the document known as , being the document as in force
6 She is regarded as being the best dentist.
further reading

October 2006
B5
below

tryunder / 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.
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)
Blacks Law Dictionary p 164 (below)
Fowlers English Usage p 103 (below, under; beneath)
Howards Guide p 362 (see above and below)
Partridge pp 24 (above and over; below and beneath and under)
Working Words p 67 (below/beneath/under/underneath)

October 2006
B6
belowmentioned /
belowlisted /
belowquoted
usagenever use
trythe [item mentioned later / on the next page / on page x] / omitting /
recasting
extra information
archaism
further reading
Garners Dictionary p 103 (below-mentioned; under-mentioned)
beneficial

tryuseful / helpful / favourable / no change
extra information
1 Beneficial has several technical legal meanings.
2 In other contexts, beneficial can be a vague word.
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
Blacks Law Dictionary p 165 (beneficial)
Butterworths Legal Dictionary pp 120 (beneficial interest; beneficial legislation), 1201 (beneficial
owner), 121 (beneficial ownership; beneficial ownership; beneficial use)
Garners Dictionary pp 1034 (benefic(ent); beneficial; benevolent)
Mellinkoffs Dictionary pp 512 (beneficiary; beneficial owner)
Working Words p 68 (benevolent; beneficient; beneficial; benign)
be of assistance

tryhelp / assist
extra information
verbosity
see alsoassist
further reading
Garners Dictionary pp 83 (assistance), 1067 (be-verbs B)
Gowers Plain Words pp 41-2 (may be of assistance)

October 2006
B7
beneath
seebelow
bequeath
usagenever use
trygive / 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 alsodevise; 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 fathers Victoria Cross to the War Memorial.
further reading
Blacks Law Dictionary p 168 (bequeath)
Garners Dictionary pp 1045, 273 (devise; bequeath)
Garners Redbook p 201 (devise; bequest; legacy)
Law Words 1995 pp 313 (give, devise and bequeath)
Mellinkoffs Dictionary pp 2679 (gift; give), 269 (give, devise and bequeath)

October 2006
B8
between

tryamong / 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
sentencesee 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)).
You have a choice between doing what is right and doing what is wrong.
further reading
Asprey p 179
Brysons Troublesome Words p 24 (between, among)
Cambridge Style Guide pp 845 (between or among)
Garners Legal Style pp 102, 105 (among; between)
Garners Redbook p 189 (between; among)
Partridge p 48
Right Words p 50 (between, between each, between every, between you and I)
Strunk and White p 40 (among, between)
blueprint

tryscheme / 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
Howards Guide p 51
Right Words p 53 (blueprint)
October 2006
B9
body
seebody corporate; person or body
body corporate

trycorporation / 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 alsoDrafting Practice Guide; LA, dict, pt 1, def corporation, Corporations
Act, s 9 (def body corporate) and s 57A (def corporation).
further reading

October 2006
B10
bona fide
usagenever use
tryin 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 pensioners 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)
Fowlers English Usage p 112 (bona fide(s))
Garners Dictionary p 113 (bona fide and bona fides/good faith/bonne foi)
Garners Redbook pp 161, 166 (terms of art), 190 (bona fide; real and bona fides; good faith)
Gowers Plain Words p 209 (bona fides)
Mellinkoffs Dictionary pp 54 (bad faith), 56 (bona fide)
Partridge p 50
Working Words p 76 (bona fide/bona fides)

October 2006
B11
both

tryomitting / 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 alsoor 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 2589 (both and)
Brysons Troublesome Words pp 267 (both and)
Garners Legal Style p 66 (both and)
Howards Guide p 54
Howards Handbook pp 556
Partridge pp 38 (as well as), 50
Working Words p 77

October 2006
B12
break down / breakdown

tryanalyse / 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.
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
Fowlers English Usage p 116 (breakdown)
Garners Dictionary p 117 (breakdown)
Howards Guide p 57 (breakdown / break down)
Howards Handbook p 58 (breakdown/break down)
Longman English Usage p 97 (breakdown, break down)
Partridge p 52
but
seeand (but which); but for; no option but to
but for

tryapart 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
October 2006
B13
by

tryunder / 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.
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
Mellinkoffs 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

tryunder / 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
Garners Redbook p 163 (by and under in doublets)

October 2006
B14
by and with

tryrecasting
extra information
1 doublet
2 in general, a redundancy
further reading
Partridge p 57 (by)
by means of

tryomitting / by way of / by / with / using
extra information
2 usually verbose for by
further reading
Evans p 121
Wydick p 13
by reason of

trybecause of
extra information
2 verbose for because of
example of change
The plaintiff died by reason because of the injuries.
further reading
Wydick p 13

October 2006
B15
by reason only

tryonly because / recasting
extra information
compound preposition
see alsoby reason of
by the name of
usagenever use
tryomitting / called / named
extra information
further reading
Partridge p 57
by virtue of
usagenever use
trybecause of / under / by
extra information
further reading
Asprey pp 172 (pursuant to), 220
Evans p 121
Garners Dictionary p 917 (virtue of, in and by)
Mellinkoffs Dictionary pp 2523 (formalisms); 677 (virtue)
Wydick p 13
by way of

tryby / with / using / no change
extra information
further reading
Garners Dictionary p 125 (by means of)

October 2006
B16
C
calculate

trywork 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:
yearlyrate
365
further reading
Cutts p 27
Fowlers English Usage p 125 (calculate for suppose/reckon)
Howards Guide p 65
Longman English Usage p 105 (calculate for suppose/assume)
Partridge p 58
calendar month

trymonth
extra information
see LA, dict, pt 1, defs month and calendar month
Month is defined as calendar month.

October 2006
C1
call in question

tryrecasting
extra information
1 formal phrase
2 legalese
see alsoin 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
seein this [provision] called
can
[also could]

trymay / 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.
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
Brysons Troublesome Words p 30 (can/may)
Cambridge Style Guide pp 1078 (can or may), 1689 (could or might), 336 (hedge words)
Cutts p 33
Fowlers English Usage pp 126, 186 (could)
Garners Dictionary p 128 (can/may)
Garners Redbook p 191 (can; may)
Howards Guide pp 656 (can or may)
Howards Handbook pp 645 (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)

October 2006
C2
cancel

tryrevoke / no change
extra information
For the use of cancel and revoke, see revoke.
further reading
capability

trycapacity / 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
Garners Dictionary p 129 (capacity/capability)
capable of

tryrecasting (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
Gowers Plain Words p 137 (capable of doing)
Partridge p 61
capita
seeper capita

October 2006
C3
capitalise

trydraw on / profit / no change
extra information
vogue word
further reading
carry on / out

trymake / conduct / perform / recasting (using more specific words) / no
change
extra information
Prefer the most specific, appropriate alternative (if any).
see alsoperform
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

October 2006
C4
case

tryrecasting (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 alsoas 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
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 1635 (where)
Partridge pp 4 (abstract nouns), 61 (case (of))
category

tryomitting / 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
Partridge p 62
Right Words p 71

October 2006
C5
cause

tryproceeding / 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 alsoshow cause
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 ships operation (including a crew member) must cause
it to be ensure it is operated safely.
further reading
Blamires Common Errors pp 57 (cause), 578 (caused by)
Blamires Queens English pp 724 (cause and result)
Butterworths Legal Dictionary pp 38 (agent), 3412 (delegate)
Garners Dictionary pp 1389 (causation), 13940 (cause), 140 (cause of action; right of action;
ground of action) and (cause to be)
Garners Legal Style p 183 (cause to be done)
Howards Guide p 70 (cause or causation)
Howards Handbook p 71 (cause/causation)

October 2006
C6
cause [continued]
Mellinkoffs Dictionary pp 678 (cause), 68 (cause of action)
Partridge pp 62-3 (cause and reason) and (cause to be informed), 317 (source and cause)
cease

trystop / 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
unusualsee examples 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
Garners Legal Style p 188 (cease and determine)
Howards Guide p 379 (stop)
Howards Handbook p 344 (stop/cease/discontinue/terminate)
Mellinkoffs Dictionary p 68 (cease and desist)
ceiling

trymaximum / 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
Brysons Troublesome Words p 32 (ceiling, floor)
Gowers Plain Words pp 40, 75, 88, 2112
Howards Guide p 71
Partridge p 63

October 2006
C7
certainly / certain

extra information
1 Certainly is a sentence adverb.
2 Certainly and certain can be dogmatic words.
4 Certain is often redundant, eg A certain car ran him over.
Eligibility for registration, Act s 49 (2)certain unqualified real estate salespeople
[in heading] [only if unable to describe better]
further reading
Garners Dictionary pp 1423 (certain), 161 (clearly), 632 (overstatement), 7912 (sentence
adverbs), 926 (weasel words)
Howards Guide p 73
Longman English Grammar p 976
Mellinkoffs Dictionary pp 512 (beneficiary)
Partridge pp 64 (certain), 72 (comparatives, false)
cestui que trust
usagenever use
trybeneficiary
extra information
1 foreign phrase
2 legalese
3 archaism
further reading
Mellinkoffs Dictionary pp 512 (beneficiary)

October 2006
C8
ceteris paribus
usagenever use
tryother things being equal
extra information
foreign phrase
further reading
Cutts p 39
chairman / chairwoman
usagenever 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 15960
Cambridge Style Guide pp 126 (chairman), 576 (-person)
Crystals English Usage pp 99112
Cutts p 72
Fowlers English Usage p 140 (chair, chairperson)
Garners Dictionary pp 1445 (chairman; chairwoman; chairperson; chair), 799803 (sexism)
Gowers Plain Words pp 1778 (chairman, chairperson)
Howards Guide p 73 (chairman, chairperson or the chair)
Howards 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 734 (chairman/chairperson), 1525 ((the) female critique)

October 2006
C9
chairperson
[for chair]

trychair / 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 alsoLA, s 187 (Chair and deputy chair etc)
example of change
The chairperson chair adjourned the meeting.
further reading
Asprey pp 15960 (chair)
Blacks Law Dictionary p 244 (chair)
Cambridge Style Guide p 126 (chairman)
Crystals English Usage pp 99112
Fowlers English Usage p 140 (chair, chairperson)
Garners Legal Style p 203 (chair)
Garners Dictionary pp 1445 (chairman; chairwoman; chairperson; chair), 799803 (sexism)
Gowers Plain Words pp 1778 (chairman, chairperson)
Howards Guide p 73 (chairman, chairperson or the chair)
Howards Handbook p 74 (chairman/chairperson/the chair)
New Oxford Dictionary p 301 (chair)
Partridge p 64 (chairman)
Right Words pp 734 (chairman/chairperson), 1525 ((the) female critique)
Working Words p 103 (chair)
change and alter

seealter

October 2006
C10
character

tryomitting / 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.
The applicant must provide 2 character references.
example of change
conduct of an exemplary character exemplary conduct
further reading
Garners Dictionary p 148 (character/reputation)
Garners Legal Style p 106 (character; reputation)
Garners Redbook p 192 (character; reputation)
Howards Handbook p 74 (character/personality/persona)
Partridge pp 5 (abstract nouns), 65 (character)
Right Words p 40 (attribute/character/property/quality/trait)
chattels

trygoods (if necessary, listing or defining the items to be covered) / personal
property
extra information
1 legal archaism
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
Blacks Law Dictionary p 251 (chattel)
Butterworths Legal Dictionary pp 1856
Evans p 123
Howards Guide p 76
Law Words 1995 pp 347 (goods and chattels)
Mellinkoffs Dictionary pp 723 (chattel, chattel mortgage, chattel paper, chattel veil)

October 2006
C11
chose in action

tryrecasting (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
Blacks Law Dictionary p 258 (chose; chose in action)
Garners Redbook p 166 (chose in terms of art)
Mellinkoffs Dictionary pp 778 (chose in action; thing in action)
Christian name
usagenever use
trypersonal 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
Garners Dictionary pp 153, 85960 (surname; Christian name)
Gowers Plain Words p 229 (forenames)
Howards Guide p 169 (first/Christian name)
Howards Handbook p 170 (first name/Christian name/forename)
Partridge p 66 (Christian name)
Right Words p 76 (Christian name/first name/given name)

October 2006
C12
claim
[as a verb]

tryassert / 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.
1 a claim for compensation
2 a claim against the estate
example of change
The authority claims says that restructuring is necessary.
further reading
Blacks Law Dictionary p 264 (claim)
Partridge pp 66-7
Right Words p 77 (claim)

October 2006
C13
class

tryomitting / kind / type / category / group / no change
extra information
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).
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
Mellinkoffs Dictionary p 82 (class action)
clearly / clear

extra information
1 Clearly may be a sentence adverb.
2 Clearly and clear are dogmatic.
3 Prefer a more neutral alternative if appropriate
She spoke clearly.
further reading
Fowlers English Usage p 150 (clear, clearly)
Garners Dictionary pp 161, 632 (overstatement), 7923 (sentence adverbs), 926 (weasel words)
Garners Redbook p 192 (clearly; obviously)
Howards Guide p 81 (clear/clearly; clear/plain)
Howards Handbook p 80 (clear/clearly; clear/plain)
Mellinkoffs Dictionary pp 834 (clear/clearly/clear days/clear title)
close proximity
seein close proximity
October 2006
C14
cohabit
usagenever use
trylive together (in a domestic relationship)
extra information
formal word
see alsoLA s 169 (References to domestic partner and domestic partnership)
further reading
Mellinkoffs Dictionary pp 8990
Right Words p 82
commence

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).
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
Cutts pp 27, 31
Evans p 125
Fowlers English Usage pp 163, 309 (formal words)
Garners Dictionary pp 102 (begin), 1745 (commence, begin, start), 369 (formal words)
Howards Guide p 87 (commence/start)
Howards Handbook p 90 (commence/start)
Hudson pp 83, 305 (ploddery)
Partridge pp 71, 331 (start)
Right Words p 87
Working Words p 122
October 2006
C15
common

trymutual / 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.
1 common interest
2 mutual affection
further reading
Brysons Troublesome Words pp 1312 (mutual, common)
Cambridge Style Guide pp 14950 (common or mutual)
Garners Legal Style p 107 (common; mutual)
Garners Redbook pp 166, 222 (mutual; common)
Howards Guide p 88 (common/mutual)
Howards Handbook p 91 (common/mutual)
Oxford English Usage pp 15051 (mutual)
Longman English Usage p 463 (mutual/reciprocal/common)
Partridge pp 71-2 (common)
Working Words p 122 (common/mutual/reciprocal)
Commonwealth

tryomitting / Australia / federal / no change
extra information
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 alsoLA, dict, pt 1, def Commonwealth
further reading
Cwlth Style Manual p 124
Evans p 125, 130 (federal/Commonwealth)
Right Words pp 8891

October 2006
C16
comparatively

tryomitting / 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
Brysons Troublesome Words pp 39, 174 (relatively)
Howards 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

trycompare 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.
1 Shall I compare thee to a summers day?
2 If we compare the speakers 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)
Brysons Troublesome Words p 39 (compare to, compare with)
Cambridge Style Guide p 151 (compare with or compare to)
October 2006
C17
compare to / with [continued]

Garners Redbook p 194 (compare with; compare to)
Howards Guide p 91 (compare to/with)
Howards Handbook p 93 (compare to/with)
Partridge p 73 (compare to; compare with)
Right Words pp 912 (compare/contrast)
Strunk and White p 43 (compare)
compelling

tryrecasting (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
Brysons Troublesome Words pp 3940 (compel/impel)
Garners Dictionary p 926 (weasel words)
Garners Redbook p 194 (compel; impel)
Howards Guide pp 934 (compelling/compulsive)
Howards Handbook pp 93-4 (compelling/compulsive)
Longman English Usage p 155 (compel/impel)
Right Words p 93 (compelling/compulsive)
compile

tryprepare / 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)

October 2006
C18
complete
[as verb]

tryfinish / end / fill in / no change
extra information
1 formal word
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 alsoentirely and completely; finish and complete; full and complete
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
Howards Guide p 90 (complete as an adjective)
Howards Handbook p 94 (complete)
completely void

tryvoid
extra information
redundancy
further reading
Blacks Law Dictionary p 1604 (void)
Garners Dictionary p 919 (void; voidable)
compliance
seein compliance with
comply
seefail to / fail to comply
October 2006
C19
component

trypart / no change
an electrical component sold separately
further reading
Cutts p 27
compose
seecomprise
compound
[as a verb]

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 citys inadequate
carparks.
further reading
Blacks Law Dictionary p 304 (compound)
Howards Guide p 92 (compound a felony)

October 2006
C20
comprise

tryconsist of / composed of / include / contain / made up of / have / formed of /
constitute / is
extra information
1 formal word
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.
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)
Cambridge Style Guide p 155 (comprise or composed of)
Fowlers English Usage pp 1678, 387 (include, comprise)
Garners Dictionary p 187 (compose; comprise)
Garners Legal Style p 107 (comprise; compose)
Garners Redbook p 194 (comprise; compose)
Howards Guide p 92 (compose/comprise/consist/include)
Longman English Usage pp 1578 (comprise, consist, compose, constitute, include)
Partridge p 76 (comprise and constitute)
Right Words p 94 (compose/comprise)
Working Words pp 1267 (compose/comprise/constitute)

October 2006
C21
conceal

tryhide / no change
extra information
1 formal word
2 Prefer hide if appropriate.
concealed weapon
further reading
Howards Guide p 93 (conceal/hide)
Howards Handbook p 95 (conceal/hide)
concept

tryidea / 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 267 (concept/value)
Cutts pp 27, 31
Garners Dictionary p 190 (concept; conception)
Howards Guide p 94
Working Words p 128
conceptual

tryrecasting / 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

October 2006
C22
concerned
seeas far as is/are concerned; at least as far as is/are concerned
concerning

tryabout / 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.
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
Garners Legal Style p 49 (as acceptable dangler)
Partridge p 80 (conjunctions, disguisedconcerning)
concerns
seeas concerns / as regards / as respects

October 2006
C23
conclude

tryend / finish / decide
extra information
1 formal word
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
Blacks Law Dictionary p 308 (conclude)
Partridge p 77
conclusive
seefinal and conclusive
concur

tryagree
extra information
1 formal word
The third judge concurred with the presiding judge.
example of change
I concur agree with your argument.
further reading
conditions
seeterms and conditions

October 2006
C24
conform

trycomply / (recasting using eg in accordance with)
extra information
1 formal word
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)
Howards Guide p 95 (conform to or with)
Howards Handbook p 97 (conform to/with)
conformity

tryin 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

tryconflict / argument / disagreement / dispute / no change
extra information
can be a vogue word
further reading
Howards Guide p 95
Longman p 160
Working Words p 129

October 2006
C25
conjunction
seein conjunction with
connection
seefor and/or in connection with; in connection with; in and/or in connection
with; in this connection
consensus

tryagreement / 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
Blacks Law Dictionary p 323 (consensus)
Cambridge Style Guide p 160 (consensus or concensus)
Howards Guide p 96 (consensus of opinion)
Howards Handbook pp 989 (consensus of opinion)
Longman English Usage p 162 (consensus/census)
Partridge p 80

October 2006
C26
consent

tryagree / 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.
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 clients consent permission.
further reading
Blacks Law Dictionary p 323 (consent)
Butterworths Legal Dictionary pp 24950, 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)
Use the Right Word p 115 (consent/acquiesce/agree/assent/concur/subscribe)
Working Words p 489 (ascent/assent/consent)
consequence

tryresult / effect / outcome
extra information
formal word
see alsoas a consequence of; in consequence of
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

October 2006
C27
consequential

tryfollows 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 onsee consequent on.
further reading
Garners Dictionary p 205 (consequent/consequential)
Howards Guide p 96 (consequent or consequential)
Howards Handbook p 99 (consequent/consequential)
Partridge p 80
Working Words p 131 (consequent/consequential/subsequent)
consequently

tryso / accordingly / recasting (using neutral words) / no change
extra information
1 sentence adverb
further reading
Cutts p 27
Evans p 126

October 2006
C28
consequent on

trybecause of / under / follows from / recasting
extra information
2 formal phrase
3 usually means a direct resultcompare with consequential, which means an
indirect result.
example of change
This amendment is consequent on follows from [or gives effect to] an undertaking
made by the Minister.
further reading
Garners Dictionary p 205 (consequent)
Howards Guide p 96 (consequent or consequential)
Howards Handbook p 99 (consequent/consequential)
consider
seegive consideration to
considerable

trysignificant / 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.
further reading
Partridge p 81
Working Words p 131

October 2006
C29
consideration
[in a non-legal sense]

extra information
1 Avoid using consideration as an omnibus word. See kind for extra information.
see alsogive 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
Fowlers English Usage p 174 (considerateness, consideration)
consist of / in

tryconsist 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.
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)
Fowlers English Usage pp 1745 (consist)
Garners Redbook p 196 (consist of; consist in)
Partridge p 81 (consist in and consist of)
Working Words p 132

October 2006
C30
constitute

tryform / establish / is / make up / set up / be / recasting (using, eg required
for) / no change
extra information
1 formal word
1 a change to the clubs 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 persons 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
Partridge p 76 (comprise and constitute)

October 2006
C31
construct

trybuild / form / frame / put together / make / no change
extra information
examples of change
1 The factory was constructed built of bricks.
2 If a ship is being constructed built,
construe

tryinterpret / 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
Blacks Law Dictionary p 333 (construe)
Collector of Customs v Agfa-Gevaert Ltd (1996) 71 ALJR 123 at 127
Cutts p 27
Fowlers English Usage pp 1756 (construct/construe)
Mellinkoffs Dictionary p 112 (construction/interpretation)
consult with
usagenever use
tryconsult / confer (with) / seek (information or advice) / discuss (with) / ask /
recasting
extra information
1 phrasal verb
2 Use the simple verb or an alternative.
see alsomeet 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)
Fowlers English Usage pp 5945 (phrasal verbs)
Howards Guide p 98 (consult or consult with)
Howards Handbook p 101 (consult/consult with)
Longman English Usage p 164 (consult)
New Oxford Dictionary p 394 (consult)

October 2006
C32
contained in

tryin / under
extra information
verbosity
example of change
a classification contained in under an award
contend
seewould argue/contend/submit
context
seein the context of; where/if the context permits/allows
contiguous to

trynext to / adjacent to / adjoining
extra information
1 formal word
see alsoadjacent; adjoining
the contiguous zone
examples of change
1 contiguous adjoining blocks of land
2 She parked her car contiguous next to mine.
further reading
Blacks Law Dictionary p 338 (contiguous; contiguous zone)
Butterworths Legal Dictionary p 260 (contiguous; contiguous zone)
Dick p 155
Garners Dictionary pp 24 (adjacent; contiguous), 26 (adjoin), 213
Longman English Usage p 166 (contiguous, contagious)
Partridge p 6 (adjacent; contiguous)

October 2006
C33
contrary intention
seeexcept where/if a contrary intention appears; unless the contrary intention
appears
controvert
usagenever use
trydispute / deny / oppose
extra information
formal word
further reading
Garners Redbook p 197 (contravene; controvert)
convene

trycall / come together / assemble / arrange
extra information
formal word
example of change
The interim clerk must convene call the first meeting.
convenience
seeat your earliest convenience/at your convenience
convey

trygive / 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
Garners Redbook p 168 (conveyance in terms of art)

October 2006
C34
convict

tryfind 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 alsoLA, dict, pt 1, def found guilty
convince

trypersuade / 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)
Brysons Troublesome Words p 44 (convince, persuade)
Garners Dictionary pp 222 (convince/persuade), 6556 (persuade/convince)
Garners Redbook p 197 (convince; persuade)
Partridge p 83
Working Words p 138 (convince/persuade)
corporate
seebody corporate
correct
seetrue and correct
could
seecan
October 2006
C35
course
seeduring the course of; in the course of; of course
covenant

trycontract 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.
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
Blacks Law Dictionary p 391 (covenant)
Garners Redbook p 163 (covenant and agree in doublets)
Mellinkoffs Dictionary pp 1356 (covenant), 1168 (contract/agreement)
crash
[as an adjective]

trycondensed / 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
Howards Guide p 105

October 2006
C36
credence

trycredibility / plausibility / credulity / recasting (using credible, creditable or
a simpler alternative) / no change
extra information
1 formal word
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 alsocredibility; credulity/credulous
example of change
I dont find her argument credible agree with her argument.
further reading
Blamires Common Errors p 82 (credible)
Blamires Plain English pp 367 (credible/credibility)
Cambridge Style Guide p 172 (credible or creditable; credulity or credibility)
Crystals English Usage pp 57, 120 (at 14)
Fowlers English Usage p 189 (credence, credit, credibility; credible, creditable, credulous)
Garners Dictionary p 235 (credible; credulous; creditable)
Garners Legal Style p 109 (credible, creditable, credulous)
Garners Redbook p 198 (credible; creditable; credulous; incredulous)
Gowers Plain Words p 217 (credence, credibility, credulity)
Howards Guide p 106 (credibility; credible or credulous; credit)
Howards Handbook p 109 (credible/credulous)
Hudson p 99 (credible, credulous, credit)
Longman English Usage pp 1756 (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)

October 2006
C37
credibility

tryplausibility / 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.
The government has lost credibility on the issue.
example of change
The books anecdotes have scant regard for credibility plausibility [or are
unbelievable].
credulity / credulous

trycredence / credibility / plausibility / recasting (using, eg gullible) / no
change
extra information
1 formal word that sometimes has negative connotations
3 For the use of credence, credibility, credible, creditable, credulity and
credulous, see credence.
example of change
His credulity gullibility was touching.
criminate
usagenever use
tryincriminate
extra information
1 now a needless variant of incriminate
2 becoming archaism
further reading

October 2006
C38
Crown
usagenever use
tryTerritory / Commonwealth / State / government / prosecution / recasting
example of change
The property is forfeited to the Crown Territory.
further reading
curiously / curious

tryrecasting (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.
Children are naturally curious.
example of change
I find your argument curious. I do not agree with your argument.
further reading
current / currently

trynow / at present / omitting / no change
extra information
Current and currently are frequently redundant because currency is implicit in the
context.
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
Brysons Troublesome Words p 46 (current, currently)
Garners Redbook p 229 (presently; currently; momentarily)
Gowers Plain Words p 218 (currently)
Howards Guide p 109
Strunk and White p 44 (currently)

October 2006
C39
curtilage
usagenever use
tryrecasting
extra information
1 formal word
2 What is included in a curtilage can be uncertain.
further reading
Blacks Law Dictionary pp 4112
Garners Redbook p 198 (curtilage; messuage)
customary

tryusual / no change
extra information
Prefer usual if appropriate.
customary law
example of change
The work is to be carried out in the customary usual way.
further reading
Blacks Law Dictionary p 413 (customary)
cutting edge
seeon the cutting/leading edge

October 2006
C40
D
date

tryday / 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 alsoto date
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 claimants date of birth.
examples of change
1 beginning on the date day after its expiry
2 on or before the closing date day
day
seeat the present day
day and age

seein this day and age
dearth

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
October 2006
D1
debtee
usagenever use
trycreditor
extra information
needless variant for creditor
further reading
Mellinkoffs Dictionary p 189 (-ee)
decease / deceased

trydie / 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
Garners Dictionary pp 249 (death; demise; decease etc), 251 (decease and deceased etc)
Mellinkoffs Dictionary p 152 (deceased, decedent)
Partridge p 88
decide
seehear and decide
decide to grant / decide to refuse to grant
usagenever use
trygive / refuse to give / grant / refuse to grant
extra information
verbosity

October 2006
D2
decision
seemake a decision; take a decision
deduct

trysubtract 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.
The authority may deduct the overpayment amount from the persons 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
Garners 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)

October 2006
D3
deem / deemed
usagenever use
trytaken / 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
Blacks 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)
Fowlers English Usage p 201 (deem)
Garners Dictionary pp 254 (deem), 369 (formal words)
Garners Legal Style p 109 (deem)
Gowers Plain English p 218 (deem)
Howards Guide p 115 (deem)
Law Words 1995 pp 135
Longman English Usage p 190 (deem)
Mellinkoffs Dictionary p 156 (deem and consider)
Partridge pp 32 (archaisms), 89 (deem)
Working Words p 163 (deem)

October 2006
D4
default

tryfailure / recasting / no change
extra information
1 formal word
the default setting
example of change
in default of appearance if the person does not appear
further reading
Working Words p 165
defer

trydelay / put off / postpone / no change
extra information
Do not use defer if delay is meant.
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
Cutts p 27
Fowlers English Usage p 201 (extended forms and derivatives)

October 2006
D5
definite / definitely / definitive

tryomitting / 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.
see alsoactually/actual; real/really
examples of change
1 Lead is definitely harmful to a workers 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)
Brysons Troublesome Words p 53 (definite, definitive)
Cambridge Style Guide p 194 (definite or definitive)
Crystals English Usage pp 57, 120
Fowlers English Usage pp 19 (actually), 202 (definite, definitely) and (definite, definitive)
Garners Dictionary pp 257 (definite; definitive), 919 (vogue word)
Garners Legal Style p 33 (vogue word)
Garners Redbook p 200 (definite; definitive)
Gowers Plain Words pp 53, 219 (definitive)
Howards Guide pp 1156 (definite and definitely), 116 (definite and definitive)
Howards 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)

October 2006
D6
degree

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.
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
Butterworths Legal Dictionary p 339 (degree of force, degree of risk)
Howards Guide p 116
Howards Handbook p 120 (to a degree)
Longman English usage p 192
Partridge pp 4 (abstract nouns), 89 (degree, in a)
delegate
[as a noun]

extra information
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

October 2006
D7
deleterious
usagenever use
tryharmful
extra information
formal word
example of change
a substance that has a deleterious harmful effect on the user
further reading
deliver

trygive / 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?
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 alsosigned, sealed and delivered
further reading
Butterworths Legal Dictionary p 342 (delivery)
Garners Dictionary pp 2623 (delivery)
Howards Guide p 116
delusion
seeillusion

October 2006
D8
demand

tryrequire / ask / no change
extra information
1 can be formal word for require or ask
2 Prefer require or ask if appropriate.
1 Her solicitor sent a letter of demand.
2 supply and demand
3 The wolf demanded to be let in.
further reading
Fowlers English Usage p 204 (for preposition usage with demand)
Howards Guide p 117
Howards Handbook p 121 (demand from/of/on)
Partridge p 89
demise
usagenever use
trylease / transfer / death / end / downfall / recasting
extra information
1 formal word
2 euphemism for death
3 Ambiguouscan 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 Ministers demise resignation.
further reading
Garners Dictionary pp 249 (death; demise; deceased etc), 264, 369 (formal words)
Howards Guide p 117
Partridge p 89
Right Words p 110 (demise)
Working Words p 168

October 2006
D9
demonstrate

tryshow / no change
extra information
1 can be formal word for show
2 Prefer show if appropriate.
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
usagenever use
tryrecasting
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
depart

tryleave / 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.

October 2006
D10
depend

trydepend 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 2145 (depend/depending)
Howards Guide p 118 (depend, depend on or upon)
Howards Handbook p 124 (depend on/upon)
dependant / dependent

trydependent / 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
Cambridge Style Guide pp 1967 (in support of a more flexible approach)
Howards Guide pp 94 (conditional or dependent), 118 (dependant or dependent)
Howards Handbook pp 96 (conditional/dependent), 123 (dependant/dependent)
Partridge p 90
Right Words p 110 (dependant/dependent)
Working Words p 169
depth
seein depth
deputy chairperson
seechairperson

October 2006
D11
derogate
usagenever use
tryrecasting (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

trymentioned / 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

tryname / choose / declare
extra information
formal word

October 2006
D12
desires

trywishes /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
Howards Guide p 120 (desire, want or will)
Howards Handbook p 125 (desire/want/wish)
desist
usagenever use
trystop / 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
despatch
seedispatch

October 2006
D13
despite

tryomitting / 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
Butterworths Legal Dictionary p 803 (notwithstanding)
Cutts p 27 (despite the fact that)
Garners Redbook p 160 (despite the fact that)
Howards Guide p 120 (despite, despite of, in spite of)
Howards Handbook p 126 (despite/despite of/in spite of)
Law Words 1995 pp 535 (notwithstanding)
NZ Legislation Manual pp 434 (notwithstandingsubject to)
detain

tryhold (in custody) / arrest / no change
extra information
1 formal word
further reading
Garners Dictionary pp 270 (detention), 369 (formal words)

October 2006
D14
determine

trydecide / 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 alsohear and determine
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 ships 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
Cutts p 27
Howards Guide p 121 (determine or find out)
Howards Handbook p 126 (determine/find out)
detriment

tryharm / injury / damage / loss / no change
extra information
1 formal word
further reading
Gowers Plain Words p 219 (detrimental)

October 2006
D15
develop

tryarise / 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).
further reading
Howards Guide p 121
Partridge p 92
devise
[by will]

trygive / 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 alsobequeath; 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
Garners Dictionary pp 1045 (bequeath), 273 (devise; bequeath)
Garners Redbook pp 169, 201 (devise; bequest; legacy)
Law Words 1995 pp 313 (give, devise and bequeath)
Mellinkoffs Dictionary p 269 (give, devise and bequeath)

October 2006
D16
devise
[plan or invent]

tryplan / 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.
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
Garners Dictionary p 273 (devise; bequeath)
Longman English Dictionary p 201 (device, devise)
Partridge p 92 (device; devise)
Right Words p 112 (device/devise)
Working Words p 176 (device/devise)
dichotomy
usageconsider alternative before using

trydifference / 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.
the dichotomy between theory and practice
example of change
The dispute widened the dichotomy gap between the 2 groups.
further reading
Partridge p 93
Working Words p 177

October 2006
D17
diem
seeper diem
different to / than

trydifferent 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.
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 Queens English pp 201 (different from / other than)
Brysons Troublesome Words pp 556 (different from, to, than)
Cambridge Style Guide pp 2034 (different from, different to, and different than), 746 (than)
Evans p 128 (different from/to/than)
Fowlers English Usage pp 2123 (different)
Garners Dictionary pp 2756 (different (from) (than))
Garners Legal Style p 110 (different than)
Garners Redbook p 201 (different from; different than)
Gowers Plain Words p 220 (different)
Howards Guide p 124 (different from, to or than)
Howards 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 1301
Partridge p 356 (than, different)
Right Words p 113 (different from/different to)
Strunk and White p 44 (different than)
Working Words pp 1789 (different from / different to)

October 2006
D18
differ with

trydiffer 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
Fowlers English Usage p 212 (differ)
Garners Dictionary p 275 (differ (from) (with))
Gowers Plain Words p 220 (differ)
Garners Redbook p 201 (differ from; differ with)
Howards Guide p 124 (differ from or with)
Howards Handbook pp 1312 (differ from/with)
Hudson pp 1134 (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

trydifficulty / 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.
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
Howards Guide p 125
October 2006
D19
dilemma [continued]
Hudson p 115
Partridge p 94
Right Words p 113
Working Words p 179
directly

trydirect / 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 2056 (direct or directly)
Howards Guide pp 1256 (direct or directly)
Howards Handbook p 133 (direct/directly)
Partridge p 94
disburse
[also disbursement]

trypay / pay out
extra information
formal word
Counsels fees are generally a disbursement.
further reading
Butterworths Legal Dictionary p 363 (disbursement)
Cutts p 27

October 2006
D20
discharge
seepay, satisfy and discharge; perform and discharge; relieve and discharge
disclaim

tryrecasting (using not responsible / not claimed / not accepted) / no change
extra information
1 formal word
The trustee in bankruptcy may disclaim property vested in the trustee.
further reading
Butterworths Legal Dictionary p 365 (disclaim) and (disclaimer)
Garners Dictionary p 252 (disclaim; declaim)
Garners Redbook p 202 (disclaim; declaim)
disclose

tryinform / mention / point out / say / show / state / tell / reveal /
no change
extra information
1 formal word
A person must not disclose confidential information.
further reading
Howards Guide p 127 (disclose or reveal)
Howards Handbook p 135 (disclose/reveal)

October 2006
D21
discontinue

tryend / 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.
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 3667 (discontinuance of proceedings)
Cutts p 27
Howards Guide p 371 (stop, cease, discontinue or terminate)
Howards Handbook p 344 (stop/cease/discontinue/terminate)
disinterested

tryunbiased / 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.
further reading
Blamires Plain English p 54 (disinterested/uninterested)
Blamires Queens English p 233 (disinterested (uninterested))
Brysons Troublesome Words p 57 (disinterested, uninterested)
Cambridge Style Guide p 210 (disinterested or uninterested)
Fowlers English Usage pp 2189, 808 (uninterested)
Garners Redbook pp 169, 202 (disinterested; uninterested)
Howards Guide p 397 (uninterested or disinterested)
Howards Handbook p 137 (disinterested/uninterested)
Partridge p 95
Right Words p 410 (uninterested/disinterested)
Working Words p 185 (disinterested/uninterested)

October 2006
D22
dispatch

trysend / post
extra information
1 formal word for send
2 Do not spell as despatch.
further reading
Cutts p 27 (despatch)
Howards Guide p 129 (dispatch or despatch)
Howards Handbook p 137 (dispatch/despatch)
Partridge p 95
disseminate

trycirculate / distribute / publish / issue / send
extra information
formal word
diverge / divergent

trydiffer / 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 alsodifferent to/than
further reading
Brysons Troublesome Words p 55 (differ, diverge)
Howards Guide p 128 (discrepancy or divergence)
Howards Handbook p 136 (discrepancy/divergence)
Working Words p 178 (differ/diverge)
divided into

trycomposed 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
October 2006
D23
does not exceed

trynot 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
seecapable of doing
domicile

tryhouse / (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 persons home. Do not use
domicile to mean home or residence.
His domicile of origin is Italy.
example of change
I have engaged a builder to renovate my domicile house.
further reading
Cutts p 28 (dwelling, domicile)
Partridge p 96

October 2006
D24
donate
[also donation]

trygive / no change
extra information
1 formal word
2 Prefer give if appropriate.
she donated generously to the red cross
further reading
Right Words p 120
doubt whether / if / that

trydoubt 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
Brysons Troublesome Words p 60 (doubt if, that, whether)
Howards Guide p 134
Howards Handbook p 142 (doubt if/that/whether)
Partridge p 97

October 2006
D25
due

trypayable / 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.
5 For the use of adequate, see sufficient.
see alsodue to
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

October 2006
D26
due [continued]
further reading
Butterworths Legal Dictionary pp 393 (due administration of justice), (due and payable) and (due
diligence), 1104-5 (standard of care)
Garners Dictionary pp 2989, 299 (due process of law)
New Oxford Dictionary p 570 (due, due date and due diligence)
due to
[as adjective / preposition]

trybecause of / since / owing to / as /caused by / recasting / no change
extra information
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.)
5 Due to the fact that can usually be replaced by because (see the fact that).
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 Queens English pp 74, 12933
Cambridge Style Guide p 219 (due to or owing to)
Cutts p 28
Garners Redbook p 204 (due to; because of)
Howards Guide p 137 (due to or owing to)
October 2006
D27
due to
[as adjective / preposition] [continued]
Howards Handbook p 144 (due to/owing to)
Hudson pp 120, 31920 (prepositional phrases)
Partridge p 98
Right Words p 125 (due to/owing to)
Working Words p 66 (because of/owing to/due to)
duly

tryproperly / 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 334
Garners Dictionary pp 299 (duly authorised), 926 (weasel words)
Howards Guide p 137
duration
seefor the duration of
during

trywhen / while / for / in / throughout / no change
extra information
see alsoduring such time as/during the time that; during the course of; during
which; for and during
The register may be inspected during normal working hours.
examples of change
1 a report on the commissioners operations during for the year
2 the number of claims received during in the previous month
3 during the month of in March 2007

October 2006
D28
during such time as / during the time that
usagenever use
trywhile / as long as / during
extra information
verbosity
further reading
Evans p 129 (during such time as)
Longman English Usage p 228 (during)
Wydick p 16
during the course of

trywhile / during
extra information
verbosity
further reading
Longman English Usage p 228 (during)
during which

trywhen
extra information
2 Prefer when if appropriate.
example of change
the hours of the day during which when
duty

tryfunction / 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 alsoit is the duty of
example of change
It is the duty of the insurer to The insurer must make payments to the claimant.
October 2006
D29
dwell

trylive / 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.
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 Dont dwell on live in the past.
further reading
Partridge p 32 (archaism)
dwelling / dwelling house

tryhouse (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.
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
Butterworths Legal Dictionary p 399 (dwelling house)
Cutts p 28 (dwelling, domicile)
Garners Dictionary p 301 (dwelling house; dwelling; usual place of abode)

October 2006
D30
E
each

trya / 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 alsoon each occasion when
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), 1656 (Any, each, every and all)
Cambridge Style Guide pp 289 (1. verbsubject agreement)
Dick p 144
Dickerson p 131
Garners Redbook pp 139-40 (Idioms with each and every)
Gowers Plain Words pp 108 (between each), 12930
Howards Guide p 139 (each; each and every; each other or one another)
Howards Handbook p 146 (each; each and every; each other/one another)
Partridge p 99
Right Words p 127 (each/every)
Working Words p 196

October 2006
E1
each and all
usagenever use
tryeach / all / a / an / the / recasting
extra information
doublet
further reading
each and every
usagenever use
tryeach / every / a / an / the / all / recasting
extra information
doublet
further reading
Howards Guide p 139
Partridge p 99
earliest
seeat your earliest convenience / at your convenience
earnt
usagenever use
tryearned
extra information
generally regarded as non-standard English
example of change
earnt earned income
further reading
Fowlers English Usage p 236 (earn)
Howards Guide p 139 (earned or earnt)
Howards Handbook p 146 (earned/earnt)

October 2006
E2
easterly (direction) /
eastwardly /eastward(s)

tryeast / 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).
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 2256 (east, eastern or easterly), 520 (north, northern or northerly),
7056 (south, southern or southerly), 799800 (-ward or -wards), 804 (west, western or westerly)
Fowlers English Usage pp 236 (easterly etc) and (eastward), 528 (northward(s))
Garners Dictionary pp 278 (directional words), 924 (-ward(s), 927 (westerly)
Howards Guide p 286 (North, South, East, West or north, south, east, west; north or northern etc;
northward, northwards or northerly etc)
Howards 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)

October 2006
E3
economic / economical

tryeconomical / economic / financial / no change
extra information
Economic is used for matters related to economics and the structure of the economy
at large. Garner (Garners Redbook) suggests that financial should be used when
writing about a companys or households 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
Garners Dictionary pp 303, 899 (uneconomic(al))
Garners Redbook p 208 (financial; economic; economical)
Howards Guide p 141
Longman p 232
Partridge p 101
edge
effect

trydo / 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 alsoaffect / 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)

October 2006
E4
effect [continued]
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 Plain English pp 46-7 (affect/effect)
Blamires Queens English p 230 (affect (effect))
Brysons Troublesome Words p 5 (affect, effect)
Cambridge Style Guide p 26 (affect or effect)
Fowlers English Usage p 31 (affect, effect)
Garners Dictionary p 34 (affect; effect)
Garners Legal Style p 101 (affect; effect)
Garners Redbook p 184 (affect; effect)
Howards Guide p 12 (affect or effect)
Howards Handbook p 12 (affect/effect)
Hudson pp 156 (affect (ive/ed), effect (ive/ed)), 129 (effect(uate)), 305 (ploddery)
Longman English Usage p 23 (affect, effect)
Melinkoffs 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)
Working Words p 21 (affect/effect)

October 2006
E5
effectual
usagenever use
tryeffective / adequate / satisfactory / recasting
extra information
formal word
example of change
The dealing is effectual to confer confers a paramount title.
effectuate
usagenever use
tryeffect / give effect to / carry out / perform / bring about / cause to
happen / bring into effect / recasting
extra information
formal word
further reading
Garners Dictionary pp 3056 (effect C. and effectuate), 369 (formal words)
Garners Legal Style p 112 (effect; effectuate)
Garners Redbook p 204 (effect; effectuate)
Hudson p 129 (effect(uate))
Right Words p 130 (effectuate)
effort
seein an effort to

October 2006
E6
eg

tryfor 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.
There are many imaginary creatures, eg ghouls, in the cupboard.
further reading
Asprey p 162
Blamires Plain English pp 112-3 (Latin abbreviations)
Cutts pp 389
Cwlth Style Manual p 155 (Latin shortened forms)
Evans p 129
Garners Legal Style p 112 (eg; ie)
Garners Redbook p 204 (e.g.; i.e.)
Howards Guide p 143 (eg or ie)
Howards Handbook p 150 (eg/ie)
Longman English Usage pp 2345 (eg, ie)
Oxford English Usage p 133 (eg; ie)
Right Words p 130
Spelling Guide
Working Words p 200 (eg/ie)

October 2006
E7
either or
usageconsider if use is appropriate

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)
Brysons Troublesome Words p 64 (either)
Garners Legal Style pp 45 (either), 66, 67, 1289 (eitheror)
Howards Guide p 143 (either)
Howards Handbook pp 150-1 (either)
Right Words p 131 (either)
Working Words p 201
elect
[also election]

trychoose / recasting (using may) / omitting / no change
extra information
can be a formal word
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
Garners Redbook p 158 (elect to)
elucidate
usagenever use
tryclarify / explain / expand on / shed light on
extra information
formal word
further reading

October 2006
E8
elude
[or elusive]
seeallude
emolument
usagenever use
trybonus / 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
Gowers Plain Words p 223 (emoluments)
employ
[as use / apply]
usageavoid using
tryuse / 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

October 2006
E9
empower
usagenever use
tryrecasting (using may) / permit / allow / authorise / give power
extra information
formal word
see alsoauthorise and empower
examples of change
1 is empowered may
2 Control is also to be achieved by empowering authorising inspectors to give
directions.
enable

trymake possible / allow / no change
extra information
1 formal word
2 Enable means to make able, not to make possible.
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
Longman p 242
enclose

tryattach / recasting (using, eg inside or with) / no change
extra information
1 formal word
see alsoenclosed 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)
Howards Guide p 146 (enclose or inclose; enclosure or inclosure)
Howards Handbook p 152 (enclose/inclose)
Partridge p 107

October 2006
E10
enclosed please find /

please find enclosed
usagenever use
tryrecasting (using, eg I enclose / enclosed is / I have enclosed / here is /
attached is / see attached)
extra information
commercialese
further reading
encounter

trymeet (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
seebefore the end of; cease

October 2006
E11
endeavour

tryattempt / 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.
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
Garners Redbook p 158 (endeavour)
Howards Guide p 146
Right Words p 135
enhance
[also enhancement]

tryincrease / improve / intensify / raise (the value or price of) / no change
extra information
1 formal word
3 Enhance may be applied to things, values, reputations etc, but does not properly
apply to people.
further reading
Garners Redbook p 205 (enhance; improve)
Mellinkoffs Dictionary p 195 (enhance, enhanced, enhancement)

October 2006
E12
enjoin
usagenever use
trydirect / 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
Longman p 244
enormity
usagenever use
tryenormousness / 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?)
Cambridge Style Guide p 243 (enormity or enormousness)
Fowlers English Usage pp 250-1 (enormity; enormousness)
Garners Dictionary p 317 (enormity; enormousness)
Garners Legal Style p 113 (enormity; enormousness)
Garners Redbook p 205 (enormity; enormousness)
Howards Guide p 148
Longman English Usage p 244 (enormity; enormousness)
Partridge pp 1078 (enormity; enormousness)
Right Words p 136 (enormacy/enormity)
Working Words p 206(enormity/enormousness)
enough
seesufficient

October 2006
E13
enquire
usagenever use
tryinquire / 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 3878 (inquiry or enquiry, inquire or enquire)
Evans pp 129, 133 (inquire/enquire)
Garners Dictionary p 452 (inquire; enquire)
Howards Guide p 148 (enquire or inquire)
Howards 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 1367
enquiry
usagenever use
tryinquiry / 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
Brysons Troublesome Words p 168 (query, inquiry, enquiry)
Cambridge Style Guide pp 3878 (inquiry or enquiry, inquire or enquire)
Howards Guide p 148 (enquire or inquire)
Howards 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 1367

October 2006
E14
entail

tryneed / cause / impose / necessitate / involve / require / no change
extra information
1 formal word with technical legal meaning
The estate was entailed to his male descendants.
further reading
enter / entry

tryadd to / include / put / write / note / no change
extra information
can be a formal word
An entry in the register must
example of change
The registrar must enter include the applicants details in the register.
further reading
Asprey pp 2178
Mellinkoffs Dictionary pp 1978 (enter or entry)
entered into

extra information
can be a redundancy
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)
Mellinkoffs Dictionary p 198 (enter into)

October 2006
E15
entirely and completely
usagenever use
trycompletely
extra information
1 If entirely or completely is not enough, doubling wont improve the chances of
success. Better try something else. Maybe even, Completely. And I really mean
it! (Mellinkoffs Dictionary p 199)
2 doublet
further reading
Evans p 129 (enter into)
entitled to
seeis/are entitled to; is/are not entitled to
entitlement

tryclaim / 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

October 2006
E16
envisage

tryconsider / 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
Brysons Troublesome Words p 66 (envisage, envision)
Cutts p 28
Fowlers English Usage p 254 (envisage, envision)
Garners Dictionary pp 31920 (envisage; envision)
Longman English Usage pp 2467 (envisage, envision)
Partridge p 108
Working Words p 207 (envisage/envision)
envision
usagenever use
tryenvisage / 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
Brysons Troublesome Words p 66 (envisage, envision)
Fowlers English Usage p 254 (envisage, envision)
Garners Dictionary pp 31920 (envisage; envision)
Longman English Usage pp 2467 (envisage, envision)
Working Words p 207 (envisage/envision)
equal
seethe amount equal to

October 2006
E17
equally toas to / as
usagenever use
tryequally / 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
Brysons Troublesome Words p 67 (equally as)
Garners Legal Style p 113 (equally as)
Gowers Plain Words p 225 (Equally)
Howards Guide p 32 (as 4)
Howards Handbook p 34 (as)
Partridge p 37 (as, equally)
equitable

tryfair / 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 alsofair and equitable
further reading
Brysons Troublesome Words p 67 (equable, equitable)
Cutts p 28
Longman p 248 (equable, equitable)
Partridge p 109
Right Words p 139 (equable/equitable)
Working Words p 208 (equable/equitable)

October 2006
E18
equivalent

tryequal / 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
Longman p 249
erroneous

trywrong / 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
Cutts p 28
escalate

tryrise / 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.
examples of change
1 escalating rising prices
2 The issue has escalated developed into a major scandal.
further reading
Garners Dictionary pp 325, 919 (vogue words)
Howards Guide p 151
Longman p 251

October 2006
E19
escrow

tryrecasting
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
establish

tryshow / 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.
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

October 2006
E20
estate

tryinterest / 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.
the bankrupt estate
further reading
estop

trystop / prevent / hinder
extra information
1 formal word
2 technical legal term
3 For the use of stop, see cease.
(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 1178, 221
Butterworths Legal Dictionary p 431 (estop) and (estoppel)
Melinkoffs dictionary p 215 (estoppel)

October 2006
E21
etc

tryomitting / 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.
Offences against Actapplication of Criminal Code etc
further reading
Cutts pp 34, 39
Evans p 129
Howards Guide p 153
Howards Handbook pp 1567
Partridge pp 27 (and etc.), 109
Right Words p 142
Working Words p 211
evacuate

tryremove / leave / escape / no change
extra information
1 formal word
2 Prefer remove or a simpler alternative if appropriate.
further reading
Longman p 255

October 2006
E22
even

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.
It must be disclosed even though it is otherwise protected.
further reading
Longman p 255
Partridge p 112
Working Words p 213
event
seein the event that/of
eventuality

trypossible result
extra information
formal word
further reading
Longman p 255 (eventuate/eventuality)
eventuate

tryhappen / come about / take place / result / occur
extra information
1 formal word
2 vogue word
further reading
Cutts p 28
Evans p 129
Gowers Plain Words p 244 (materialise)
Longman p 255 (eventuate/eventuality)
Partridge p 112
Right Words p 144 (eventuate, eventuality)
October 2006
E23
every

trya / 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 alsoeach and every; in every case
further reading
Asprey pp 122 (each and every), 1656 (any, each, every and all), 221
Blamires Plain English pp 313-4 (Gender)
Dick p 144
Dickerson p 131
Gowers Plain Words pp 108 (use of between with every), 129, 150
Howards Guide p 155
Longman p 256
Working Words p 213 (every/everybody/everyone)
evidence
seeproof
evident

tryclear / plain / obvious
extra information
formal word
example of change
the meaning was evident obvious

October 2006
E24
evince

tryshow / express / indicate / display / prove / reveal
extra information
formal word
further reading
Garners Dictionary pp 333, (evidence, v.t.; evince), 370 (formal words)
Howards Guide p 156 (evince or evoke)
Partridge p 113
Working Words p 214
evolve

trychange / develop / omitting / no change
extra information
Evolve means a process of natural change or development that is gradual and
usually self-generated.
Beliefs that have evolved or developed since European colonisation.
further reading
examine

trycheck / study / look at / no change
extra information
Prefer check if appropriate.
exceed
[also exceeding]

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 alsodoes not exceed; is or exceeds; not exceeding; in excess of
October 2006
E25
except

tryother than / but / excluding / apart from / unless / recasting (using only or
however) / no change
extra information
Use except or other than consistently.
see alsoexcept 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
Longman p 257
Partridge p 114
except as / where otherwise provided / indicated
usagenever use
tryomitting / 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 alsosubject 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
Garners Dictionary p 601 (notwithstanding anything to the contrary contained herein)

October 2006
E26
except as provided in / prescribed by
usagenever use
trysubject 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
seetake exception to; with the exception of
exceptionable

tryexceptional / open to exception (or objection) / objectionable / no change
extra information
1 formal word
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 alsounexceptional and unexceptionable
further reading
Cambridge Style Guide p 261 (exceptional or exceptionable)
Howards Guide p 156 (exceptionable, exceptional, unexceptionable and unexceptional)
Howards Handbook p 160 (exceptionable/exceptional/unexceptionable/unexceptional)
Working Words p 214
exceptional
seeexceptionable

October 2006
E27
except where / if a contrary intention appears
usagenever use
tryunless 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
seein excess of
excessive number of (an)
usagenever use
trytoo many
extra information
1 verbosity
further reading
Evans p 129
exclude

tryleave out / omit / no change
extra information
example of change
exclude omit the details
further reading

October 2006
E28
excluding

tryapart from / other than / except / no change
extra information
example of change
excluding other than credit accounts
further reading
exclusive
seesole and exclusive
exclusively

tryonly / 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
execute

trycarry 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
October 2006
E29
executor
exhibit

tryshow / 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
usagenever use
tryautomatically / 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
Garners Dictionary pp 334-5 (ex cathedra; ex officio)
expedient

tryappropriate / suitable / convenient / no change
extra information
1 formal word with negative overtones
example of change
the Minister considers expedient appropriate
further reading
Blamires Plain English p 56 (expedient/expeditious)

October 2006
E30
expedite

tryhasten / hurry / speed up / recasting (using, eg quickly)
extra information
formal word
further reading
Cutts p 28
expeditiously

tryquickly / 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
expend
[also expenditure]

tryspend / use up / pay / recasting (using costs as a noun) / no change
extra information
1 formal word
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 companys expenditure costs in receiving eggs
further reading
Cutts p 28

October 2006
E31
expiration
seeupon/on the expiration
expire
[also expiration]

tryend / 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).
further reading
Cambridge Style Guide p 264 (expiry or expiration)
Cutts p 28 (expiration)
Evans p 130 (expiration)
exportation
usagenever use
tryexport / no change
extra information
Exportation is usually a verbose way of saying export.
expressed

trystated / specified / recasting / omitting / no change
extra information
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
seethe expression

October 2006
E32
expunge
usagenever use
trystrike out / delete / cancel / destroy / wipe out / remove
extra information
formal word
example of change
the record was expunged destroyed [or deleted]
further reading
Melinkoffs Dictionary p 224 (expunge the record)
extant
usagenever use
trycurrent / in force
extra information
formal word
extend

trygive / no change
extra information
can be a formal word for give
1 The Minister may extend the time for making objections.
2 Extend time for objections.
example of change
extend give credit
an extension of time
further reading
Longman p 263
extent
seeto the extent that

October 2006
E33
extinguish

tryend / put out / remove / no change
extra information
1 formal word
example of change
1 The right to recover the amount is extinguished ends at midnight.
2 They extinguished put out the fire.

October 2006
E34
F
facilitate

tryhelp / 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].
4 For the use of help and assist, see assist.
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
Working Words p 220

October 2006
F1
facility

extra information
1 vague word
see alsoablution facilities
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)
Garners Redbook p 207 (facility; ease; building)
Mellinkoffs Dictionary p 229 (facile)
Partridge p 116
facsimile / facsimile transmission

tryfax / 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
Fowlers English Usage p 288 (fax)
Garners Dictionary p 350 (fax)
Howards 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)

October 2006
F2
fact
seeactually/actual (for in actual fact); the fact that
factor

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).
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
Garners Dictionary pp 3467, 813 (slipshod extensions)
Howards Guide p 161
Partridge pp 116-7

October 2006
F3
fail to / fail to comply

trycontravene / recasting (using must not) / does not / no change
extra information
LA, dict, pt 1 defines contravene as including fail to comply with.
the corporations 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)
fair and equitable

tryfair / equitable
extra information
doublet
far
seeas/so far as is/are concerned; in so far as; insofar as
farther / farthest
seefurther
favour
seein favour of

October 2006
F4
feasible

trypracticable / 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.
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
Garners Legal Style p 144 (viable)
Right Words p 151 (feasible)
feature

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.
He had prominent facial features.
further reading
Right Words pp 1512 (feature)

October 2006
F5
feedback

tryanswer / response / no change
extra information
vogue word
The client gave positive feedback about the job.
example of change
I didnt get feedback an answer to my question.
further reading
fewer

tryless / 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 (Garners 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 alsonot fewer than
further reading
Blamires Plain English p 57 (fewer/less)
Brysons Troublesome Words pp 745 (fewer, less)
Garners Redbook p 207 (fewer; less)
Garners Redbook p 207 (fewer; less)

October 2006
F6
fewer [continued]
Howards Guide p 166 (fewer or less)
Howards Handbook p 167 (fewer/less)
NZ Legislation Manual p 43 (less than/more than)
Right Words pp 1556 (fewer/less)
Strunk and White p 51 (less)
field

tryrecasting (using more precise words) / no change / omitting
extra information
Avoid using field as an omnibus word. See kind for extra information.
The job is being advertised to test the field of potential applicants.
example of change
He practised in the field of medicine.
further reading
Howards Guide p 167 (field, province or sphere)
final
seein the final/last/ultimate analysis
final and conclusive

tryfinal / recasting
extra information
doublet
example of change
If there is a dispute about a bid, the auctioneers decision is final and conclusive.
further reading
Garners Dictionary p 293 (doublets)

October 2006
F7
finalise

tryend / complete / decide / finish / no change
extra information
1 formal word
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
Brysons Troublesome Words p 75 (finalize)
Evans p 130
Right Words p 156 (finalise)
Strunk and White pp 47, 83
Working Words p 225
find
seeenclosed please find / please find enclosed
finish and complete
usagenever use
tryfinish / complete / recasting
extra information
doublet
further reading
first
seefirstmentioned / first mentioned / first-mentioned; in the first instance

October 2006
F8
firstly
usagenever use
tryfirst / recasting
extra information
1 needless variant
2 much criticised
further reading
Brysons Troublesome Words pp 756 (first, firstly)
Evans p 131 (first)
Fowlers English Usage p 298 (first)
Garners Dictionary pp 319 (enumerations), 359
Howards Guide p 168 (first or firstly etc)
Howards Handbook p 170 (first, second /firstly, secondly)
Partridge p 120
Strunk and White p 57 (secondly, thirdly, etc)
Working Words p 225 further reading
firstmentioned / first-mentioned / first mentioned
usagenever use
tryfirst / 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 alsolastmentioned/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...

October 2006
F9
first name
usagenever use
trypersonal 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)
Howards Guide p 169 (first or Christian name)
Howards Handbook p 170 (first name/Christian name/forename)
see alsoChristian name
first to happen / occur
usagenever use
tryhappens first / whichever happens first
extra information
needless variant
fit

tryappropriate / suitable / recasting (using more precise words)
extra information
1 vague word
2 value-loaded word
see alsofit and proper; fit and suitable/fitting and proper
further reading
Garners Legal Style p 115 (fitted)

October 2006
F10
fit and proper
usagenever use
tryappropriate / 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)
Garners Dictionary pp 293 (doublets, triplets and synonym strings), 361
Howards Guide p 2 (abet)
fit and suitable / fitting and proper
usagenever use
tryappropriate / suitable / recasting
extra information
doublet
further reading
see alsofit and proper
flat rate

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)

October 2006
F11
following

tryafter / 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.
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
Partridge p 121
Right Words p 159
Working Words p 228
for
seebut for
for and during
usagenever use
trywhile / during / for
extra information
doublet
further reading

October 2006
F12
for and / or in connection with
usagenever use
tryin / 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
usagenever use
tryfor / on behalf of
extra information
doublet
further reading
Garners Dictionary p 293 (for and in behalf of in doublets)
Garners Redbook p 163 (for and in behalf of in doublets)
forbear

tryrefrain (from) / tolerate / recasting
extra information
formal word
further reading
Garners Redbook p 208 (forbear; forebear)
Working Words p 230
force and / or effect
usagenever use
tryrecasting (using has effect / force)
extra information
doublet
see alsofull force and effect
example of change
is of no force or effect does not have effect until approved.
further reading
Garners Dictionary pp 293 (doublets), 366

October 2006
F13
force majeure

tryrecasting
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
Melinkoffs Dictionary p 10 (act of God, force majeure, vis major)
foregoing
usagenever use
tryfollowing / omitting / recasting
extra information
1 archaism
2 Foregoing is sometimes confused with following.
further reading
Howards Guide p 172 (forego or forgo)
Howards Handbook p 174 (forgo/forego)
forename
usagenever use
trygiven 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)
Garners Dictionary pp 85960 (surname; Christian name)
Partridge p 66 (Christian name)

October 2006
F14
forenoon
usagenever use
tryam / morning
extra information
Use am/pm, without full stops, for times.
see also12 am
example of change
10 oclock in the forenoon 10 am
forfeit

trylose / give up / no change
extra information
1 formal word
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
seepro forma

October 2006
F15
former
[as opposite of latter]

tryrecasting / 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 alsolatter
further reading
Blamires Plain English p 204 (former/latter)
Brysons Troublesome Words pp 7980 (former, latter)
Cambridge Style Guide p 291 (former and latter)
Garners Redbook p 209 (former; latter)
Howards Guide p 174 (former and latter)
Partridge p 122
Right Words p 163 (former/latter)
Working Words p 232 (former/latter)
forth
usagenever use
tryout / recasting
extra information
archaism
example of change
set forth out

October 2006
F16
for the duration of
usagenever use
trywhile / during / as/so long as
extra information
example of change
The dog howled for the duration of as long as she sang.
further reading
Cutts p 28
Dick p 155
for the purpose / purposes of

tryin this [eg provision/Act] / for this [eg provision/Act] / because of / under /
to / for / omitting / recasting/ no change
extra information
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)
Garners Redbook p 160 (for the purposes of ing)
Gowers Plain Words p 55 (for the purpose of)
Longman English Usage p 580 (purpose)

October 2006
F17
for the reason that
usagenever use
trybecause
extra information
further reading
Evans p 131
forthwith
usagenever use
tryimmediately / 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 1767, 221
Garners Dictionary pp 370 (formal words), 372
Howards Guide p 212 (immediately, forthwith, straight away)
Howards Handbook p 203 (immediately/forthwith/straightaway)
Melinkoffs Dictionary pp 34 (absolutes)
fortuitous

tryfortunate / lucky / no change / recasting
extra information
Fortuitous means happening by chance or accidentally. It does not mean fortunate
or lucky.
further reading
Garners Redbook p 209 (fortunate; fortuitous; gratuitous)
Howards Guide p 174 (fortuitous or fortunate)
Partridge p 122
Right Words p 14 (adventitious)

October 2006
F18
fortunately / fortunate
usageconsider if use is appropriate

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.
further reading
Garners Redbook p 212 (hopefully; fortunately)
forward / forwards
[as adjective / adverb]

tryforwards / 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 alsoafterward / afterwards; backward / backwards; easterly (direction) /
eastwardly /eastward(s); onward / onwards; outward / outwards; toward / towards

October 2006
F19
forward / forwards
[as adjective / adverb] [continued]
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
Fowlers English Usage pp 311, 833 (-ward(s))
Howards Guide p 174
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]

trysend / give / redirect / no change
extra information
Except to mean send on, prefer send or give.
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
Howards Guide p 174

October 2006
F20
for which (there is)

trywith / recasting
extra information
example of change
With a view to is a compound preposition for which there is with a simpler
alternative.
frame

trydevelop / make / prepare / cast
extra information
1 vogue word
2 vague word
example of change
1 frame develop a budget
2 frame prepare a question
frequently

tryoften / regularly / no change
extra information
Prefer often if appropriate.
fresh

trynew / renewed / recasting (using again) / no change
extra information
overused word
example of change
A fresh new crop was sown.
further reading
Howards Guide p 177 (fresh or new)
Howards Handbook p 265 (new/fresh/renewed)
Right Words p 164 (fresh)
October 2006
F21
from

tryon 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 alsoas and from; as from; as on and from; from and after; from and
including; on and from
further reading
Asprey pp 17980
from and after
usagenever use
extra information
doublet
further reading
Asprey p 122
from and including

tryon 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

October 2006
F22
from time to time

extra information
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 1735, 222
fulfil

trycomply with / satisfy / carry out / perform / do / complete / meets / no
change
extra information
1 formal word
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.
October 2006
F23
full and complete
usagenever use
trycomplete / recasting
extra information
doublet
further reading
full force and effect
usagenever use
tryeffect
extra information
doublet
further reading
Garners Dictionary p 366 (force and effect)
fulsome
usagenever use
trydetailed / 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
Howards Guide p 179
Partridge p 124
Right Words p 165 (fulsome)
Working Words p 235

October 2006
F24
function
[as a verb]

trywork / 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).
3 formal word
The heart started to function as soon as the electrodes were applied.
example of change
She functions works well as team leader.
further reading
Howards Guide p 179
Partridge p 124
Right Words p 166 (function)
Working Words p 235
furnish

trygive / 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.
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
Garners Dictionary p 378 (as a useful vague word for contracts)

October 2006
F25
further / farther

tryadditional / 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
Brysons Troublesome Words p 73 (farther, further)
Cambridge Style Guide pp 2989 (further or farther etc)
Fowlers English Usage pp 2856 (farther, further)
Garners Dictionary pp 34950 (farther; further)
Garners Legal Style p 114 (farther; further)
Garners Redbook p 207 (farther; further)
Howards Guide p 163 (farther or further)
Howards 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 1501 (farther/further)
Strunk and White p 46 (farther, further)
Working Words pp 2212 (farther/farthest/further/furthest)
furthermore

tryomitting / also / moreover / in addition / too / again/ and / further /
no change
extra information
1 formal word
further reading

October 2006
F26
G
gainfully employed
usagenever use
tryrecasting / employed / working
extra information
verbosity
further reading
geared to

tryadapted to / adjusted to / suited to / satisfying
extra information
vogue phrase
further reading
gender or sex

trysex / 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.
noun of the same gender
example of change
The person must state his or her gender sex.
further reading
Brysons Troublesome Words p 84 (gender)
Garners Redbook p 235 (sex; gender)
Howards Guide p 182 (gender or sex)
Howards Handbook p 179 (gender/sex)

October 2006
G1
generality
seewithout limiting the generality of; without prejudice to the generality of
get

tryrecasting (using more specific words, eg become / buy / obtain / receive /
take) / omitting / no change
extra information
2 Get is generally more appropriate in informal spoken English. However, it may
be appropriate for new legislative schemes.
A student may get AUSTUDY if
example of change
He has not got any no sense.
further reading
Cutts p 34
Working Words p 240
give consideration to
usagenever use
tryconsider / 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
Garners Dictionary p 912 (verbosity)

October 2006
G2
give, devise and bequeath
usagenever use
trygive / give by will
extra information
1 Triplet much loved by will drafters.
2 Give is a sufficient replacement.
see alsobequeath; devise
example of change
I give, devise and bequeath all my property to...
further reading
Asprey pp 122, 222
Garners Redbook p 164 (triplets)
give recognition to
usagenever use
tryrecognise
extra information
verbosity
example of change
She gave recognition to recognised the original landowners.
further reading
good and sufficient
usagenever use
tryadequate / enough / sufficient / suitable / appropriate / satisfactory
extra information
1 doublet
2 For the use of adequate, enough and sufficient, see sufficient.
further reading

October 2006
G3
good enough
seewill/would you be good enough to advise me
got
seeget
grant

trygive / 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
givers 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.
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
Fowlers English Usage p 341 (granted)
Partridge p 80 (conjunctions, disguisedgranted/granting)
Use the Right Word pp 2434

October 2006
G4
greater than

tryover / 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 alsonot greater than
example of change
if the wall is greater than higher than 4 feet
greatest
seethe greatest number of
ground
seeon the grounds of/that
group

tryomitting / 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.
further reading
Gowers Plain Words p 210 (brackets, groups)

October 2006
G5
guilty of

trycommits / 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.
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

October 2006
G6
H
hand
seeunder the hand of
happen
seefirst to happen; upon/on the occurrence/happening of
happens first
seewhichever happens first
hardly than
usagenever use
tryhardly 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)
Fowlers English Usage p 350 (hardly)
Garners Legal Style p 116 (hardly)
Gowers Plain Words p 231 (hard, hardly)
Howards Guide p 42 (barely, hardly and scarcely)
Howards Handbook p 44 (barely/hardly/scarcely)
Longman English Usage p 332 (hardly, barely, scarcely)
has / have a liability to
usagenever use
trymust / is liable to
extra information
verbosity
example of change
A person has a liability to must pay the fee.
has / have a responsibility to
usagenever use
trymust / is responsible / for
extra information
verbosity
October 2006
H1
has / have knowledge of

tryknow / 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
has / have need of

tryneeds / requires / wants / desires / wishes
extra information
verbosity
further reading
has / have no power to
usagenever use
trycannot / must not / may not
extra information
verbosity
has / have power to
usagenever use
trymay / can
extra information
verbosity
has / have the option of
usagenever use
trymay
extra information
verbosity

October 2006
H2
he

tryrecasting (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 15261
Cambridge Style Guide pp 3313 (he and/or she)
Cwlth Style Manual pp 589 (Sex-neutral references to individuals)
Corporations Law Simplification Task Force paper on singular use of they
Fowlers English Usage p 358 (he or she)
Garners Dictionary pp 799803 (sexism)
Gowers Plain Words pp 1189 (they for he or she)
Howards Guide pp 197 (he or she; he or they), 397 (unisex grammar)
Howards Handbook pp 1901 (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)

October 2006
H3
hear and decide

tryhear / 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).
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
usagenever use
tryhear and decide / hear / decide / deal with
extra information
doublet
heirs, executors, administrators, successors and assigns

extra information
1 word-string with technical legal meanings
2 Contracts occasionally define a party to include the partys 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 alsoassign
further reading
Dick p 131
Garners Dictionary pp 29 (administrator; executor), 83 (assign; assignee), 338 (executor;
executer), 400 (heir)
Garners Legal Style p 184 (and the heirs of his body)
Piesse pp 435, 54
help
seeassist
October 2006
H4
hence

trytherefore / 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
Cutts p 34
Fowlers English Usage pp 316 (from whence), 357
Garners Dictionary p 878 (thence; whence; hence)
Right Words pp 1889
Working Words p 255
henceforth
usagenever use
tryfrom now on / recasting (using eg on and after) / omitting
extra information
archaism
further reading
Cutts p 28
henceforward
usagenever use
tryfrom now on / recasting (using eg on and after) / omitting
extra information
archaism
her

tryrecasting (avoiding gender-specific personal pronouns) / no change
extra information
1 see she
2 Prefer recasting if appropriate.
further reading
Garners Legal Style pp 31, 200 (him/her)

October 2006
H5
hereafter
usagenever use
tryafter [X] / from now on / recasting / omitting
extra information
archaism
further reading
Asprey pp 1234, 175, 222
Howards Guide p 200 (here-words)
Howards Handbook p 192 (here-words)
hereby
usagenever use
trythen / 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 1234, 222
Cutts pp 345
Evans p 132
herein
usagenever use
tryin [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 1234, 222
Cutts pp 345
Dick p 150

October 2006
H6
hereinafter
usagenever use
tryafter [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 1234, 175, 222
Garners Legal Style pp 116-7 (herinafter called), 182
hereinbefore
usagenever use
trybefore [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 1234
Cutts pp 345
Dick p 150 (hereinbefore mentioned)
hereof
usagenever use
tryof [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 1234
Cutts pp 345
Partridge p 33 (archaisms)

October 2006
H7
hereto
usagenever use
tryto [X] / recasting / omitting
extra information
archaism
further reading
Asprey pp 1234
Cutts pp 345
Evans p 132
heretofore
usagenever use
trybefore [X] / up to now / until now / to this time / recasting / omitting
extra information
archaism
further reading
Asprey pp 1234, 175, 222
Cutts pp 28, 345
Garners Dictionary pp 404 (hitherto; thitherto), 9045 (up to now)
hereunder
usagenever use
tryunder [X] / recasting (using, eg follows / below) / omitting
extra information
archaism
further reading
Asprey pp 1234

October 2006
H8
hereunto
usagenever use
tryto [X] / recasting
extra information
archaism
further reading
Asprey pp 1234, 222
Garners Legal Style pp 182-3
herewith
usagenever use
tryattached /with [X] / with this [X] / by way of [X] / here is / recasting /
omitting
extra information
archaism
further reading
Asprey pp 1234, 222
Cutts pp 28, 345
him

extra information
see he
further reading
Garners Legal Style pp 31, 200 (him/her)

October 2006
H9
his

tryrecasting (avoiding gender-specific personal pronouns) / no change
extra information
1 see he
further reading
hither
usagenever use
tryto this place / here / in this direction / recasting
extra information
archaism
further reading
Cambridge Style Guide p 338 (hence)
Right Words pp 1889
hitherto
usagenever use
trybefore [X] / previously / up to now / until now / recasting
extra information
archaism
further reading
Brysons Troublesome Words pp 93-4
Cutts p 28
Garners Dictionary pp 404 (hitherto; thitherto), 9045 (up to now)
Howards Guide p 202

October 2006
H10
hopefully

tryrecasting (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 alsoregretfully; thankfully
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)
Brysons Troublesome Words p- 95-7
Cwlth Style Manual p 74 (Hopefully as a sentence adverb)
Fowlers English Usage pp 366, 7023 (sentence adverb)
Garners Dictionary pp 4078, 792 (sentence adverbs), 813 (slipshod extension)
Garners Redbook p 212 (hopefully; fortunately)
Howards Guide p 204
Longman English Usage pp 343-4, 6401 (sentence adverbs)
Working Words p 259

October 2006
H11
house

tryhome
extra information
Prefer home if appropriate.
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)
Fowlers English Usage p 363 (home, house)
Howards Guide pp 203 (home or house), 2056
Hudson p 183 (house)
Longman English Usage p 341 (home)
New Oxford Dictionary pp 8767 (home), 8889
Right Words p 191 (home/house)
how
seeas to how

October 2006
H12
however

tryomitting / 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 alsowhatever; whenever; wherever; whichever; whoever
(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 2589 (-ever or ever), 3478
Cutts p 35
Cwlth Style Manual pp 745 (However as a conjunction), 101 (Linked clauses)
Howards Guide p 206
Partridge p 147
Right Words pp 1945 (how/however)
Working Words p 260 (how ever/however)
howsoever
usagenever use
tryby 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 1234, 222
Cambridge Style Guide p 57 (archaisms)
October 2006
H13
husband
usagenever use
tryspouse / partner / domestic partner / no change
extra information
1 Discrimination on the ground of marital status is unlawful under the
Discrimination Act 1991.
3 LA, s 169 provides a definition of domestic partner.

October 2006
H14
I
idem
seead idem
identified in

trymentioned in / no change
extra information
1 Prefer mentioned in if appropriate.
2 Be careful not to draw artificial distinctions in provisions by using different
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.
The defendant was identified in a line-up by the victim.
identify

tryname / no change
see alsoidentified in; identify with
An inspector must identify himself or herself by showing an identity card.
further reading
identify with

tryassociate 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

October 2006
I1
ideology

tryfaith / creed / beliefs / philosophy / no change
further reading
Howards Guide p 210 (ideology or philosophy)
ie

trythat 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)
Brysons Troublesome Words p 64 (eg, ie)
Cutts pp 38, 39
Evans p 132
Garners Legal Style p 112 (eg/ie)
Garners Redbook p 204 (e.g.; i.e.)
Howards Guide p 143 (eg or ie)
Howards Handbook p 150 (eg/ie)
Longman English Usage pp 2345 (eg, ie), 758 (viz, ie)
Oxford English Usage p 133 (eg/ie)
Right Words p 130 (eg)
Working Words p 200 (eg/ie)

October 2006
I2
if

trythough / 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 alsoif 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
Garners Dictionary pp 414, 4145 (if not)
Howards Guide pp 32 (as and when and if and when), 408 (whether or if)
Howards Handbook pp 345 (as and when/if and when), 200 (if/whether)
Oxford English Usage pp 141, 221
Partridge p 152
Right Words pp 201 (if/if not), 2012 (if/whether)
Working Words p 268

October 2006
I3
if, and only if / if, but only if

tryif / only if / recasting (using eg must notunless or mayonly 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 occupiers consent of the occupier.
further reading
Garners Redbook p 212 (if an only if; only if)
if and when

tryif / when / whenever / recasting
extra information
1 doublet
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 alsoas and when; unless and until
further reading
Howards Guide p 32 (as and when and if and when)
Howards Handbook pp 34-5 (as and when/if and when)
Longman English Usage p 355 (if 4.)
Partridge p 152
Working Words p 268

October 2006
I4
if any

tryrecasting (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,.
on the conditions (if any) stated in the certificate
example of change
if an agent made the sale for the ownerthe agents name and address (if any)
further reading
if not
seeif
if possible

tryif practicable / recasting (using more precise words) / no change
extra information
can be weasel words
see alsopossible
if practicable

tryif possible / recasting (using more precise words) / no change
extra information
can be weasel words
see alsopracticable
further reading
Evans p 145 (Weasel words)
if the context permits / allows

seewhere/if the context permits/allows

October 2006
I5
if this is not the case

tryif not / recasting
extra information
verbosity
further reading
Cutts p 28
if this is the case

tryif so / recasting
extra information
verbosity
further reading
Cutts p 28
illegible
seeunreadable
illusion

trydelusion / 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)
Brysons Troublesome Words p 9 (allusion)
Cambridge Style Guide p 195 (delusion or illusion)
Fowlers English Usage pp 44 (allusion, allude) 203, (delusion, illusion)
Garners Dictionary pp 46 (allusion; illusion), 418 (illusion; delusion)
Garners Legal Style p 102 (allusion; illusion)
Garners Redbook pp 185 (allusion; illusion), 212 (illusion; delusion; hallucination)
Hudson pp 1921 (allusion)
Longman English Usage pp 29 (allusion, reference), 193 (delusion, illusion)
Strunk and White p 40 (allusion)
Working Words p 27 (allusion, illusion, delusion)

October 2006
I6
imbibe
usagenever use
trydrink / no change
extra information
1 formal word
2 euphemism
further reading
imbue

tryinspire (with) / infuse (with) / instil (into) / no change
extra information
further reading
Fowlers English Usage pp 3956 (infuse)
Gowers Plain Words p 235 (inculcate)
Howards Guide p 212 (imbue or infuse)
Howards Handbook p 203 (imbue/infuse)
Longman English Usage pp 358, 368 (inculcate)
Partridge p 153
Working Words p 270 (imbue/infuse/instil)

October 2006
I7
immediately

tryomitting / 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.
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 1767
Howards Guide p 212 (immediately, forthwith or straight away)
Howards Handbook p 203 (immediately/forthwith/straightaway)
impact
[as a noun]

tryeffect / 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
Evans p 132

October 2006
I8
impart

trygive / 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]

trycarry out / perform / conduct / do / keep / set up / put in place / fulfil /
no change
extra information
1 formal word
An agency head must implement fair employment practices.
examples of change
1 to implement carry out the commissioners recommendations
2 The committee must ensure that an effective quality assurance system is
implemented set up for complaints.
further reading
Cutts p 28
imply

tryinfer / suggest/ hint / no change
extra information
For the use of imply and infer, see infer.
further reading
Blamires Plain English p 60 (imply/infer)
Brysons Troublesome Words pp 99-100 (imply, infer)
Gowers Plain Words pp 2356 (infer)
Working Words p 272 (imply/infer)

October 2006
I9
import
[as a noun in the sense of giving meaning]
usagenever use
trymeaning
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]
usagenever use
tryexpress
extra information
formal word
example of change
Try does not import express the full meaning of endeavour.
important

trysignificant / substantial / critical / key / recasting (using more precise
words) / no change
extra information
1 Important is a vague, omnibus word. See kind for extra information.
further reading
Brysons Troublesome Words p 100 (important, importantly)

October 2006
I10
importantly

tryrecasting (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 alsoimportant
further reading
Brysons Troublesome Words p 100 (important, importantly)
Working Words p 272
importation

tryimport / no change
extra information
1 Importation can mean the act of importing.
2 Generally prefer import.
impose

tryprovide / prescribe / give / omitting / recasting / no change
extra information
Use impose only for obligations or punishments.
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) captains obligation under subsection (1).
3 the period of limitation imposed under this section

October 2006
I11
in a case in which / to which / where

tryif / 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 178
in accordance therewith
usagenever use
tryin accordance with / under
extra information
archaism
in accordance with

tryunder / by / as required under / as required by / according to / as
specified in / agrees with / in line with / recasting / no change
extra information
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.
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)
Garners Dictionary p 14 (accord; accordance)
Howards Guide p 5 (in accordance with)

October 2006
I12
in actual fact
seeactually/actual
in addition to

tryadditional to / as well as / besides / recasting (using also or and) / no
change
extra information
2 can lead to verbosity
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
Howards Guide p 8 (addition)
Longman English Usage p 16 (additional(ly))
Working Words p 273
in all probability

tryprobably
extra information
verbosity
example of change
It will in all probability probably rain during training.
further reading

October 2006
I13
in a manner / way

tryrecasting (using the appropriate adverb ending in ly)
extra information
verbosity
see alsoin a timely manner/way
examples of change
1 in a careful way carefully
2 in a cautious manner cautiously
further reading
Garners Dictionary pp 8823 (timely)
Gowers Plain Words p 85 (in a cautious manner)
in and / or in connection with
usagenever use
tryabout / for / in / of / over / to / with / in relation to / in connection with /
recasting
extra information
doublet
in an effort to
usagenever use
tryto
extra information
verbosity
example of change
She ran in an effort to catch up.
in any case

tryin any event / anyway / no change
extra information
further reading
Evans p 132 (in case of)

October 2006
I14
in a particular respect
usagenever use
tryomitting
extra information
redundancy
in a position

tryrecasting (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
usagenever use
trysince / because of / so far as / in that
extra information
further reading
Cutts p 28
Howards Guide p 214 (in as much as, insofar as or in so much as)
Howards Handbook p 207 (in as much as/ insofar as/ in so much as)
in association with

trywith / no change / in relation to
extra information
2 In association with implies a looser connection with something than with.
3 Prefer with if appropriate.
further reading
Longman English Usage p 63 (association)
October 2006
I15
in a timely manner / way
usagenever use
trypromptly / 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
Garners Dictionary pp 8823 (timely)
in attendance

trypresent / recasting
extra information
1 formal phrase
2 verbosity
example of change
The member chosen by the members in attendance present presides.
inaugurate

trystart / begin / introduce / no change
extra information
1 formal word
2 Prefer start or begin if appropriate.
example of change
The judge inaugurated started the proceeding.
further reading
in behalf of
seeon behalf of

October 2006
I16
in camera
usagenever use
trynot in open court / not open to the public / in closed court / privately / in
chambers / recasting
extra information
foreign phrase
further reading
Mellinkoffs Dictionary p 304 (in camera; in chambers)
incapable

trycannot / 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

tryunable to (eg work or earn income) / no change
extra information
further reading
incapacity

tryillness / disability / no change
extra information

October 2006
I17
in case

tryif
extra information
further reading
Evans p 132 (in case of)
Longman English Usage p 112 (case)
inception

trystart / beginning
extra information
1 formal word
example of change
The project has changed dramatically since its inception it started.
further reading
incidence

tryhow 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

October 2006
I18
incidentally

extra information
can be a redundancy
example of change
The seminar will include 3 segments, each incidentally written specially for the
seminar.
further reading
Garners Legal Style pp 119, 120 (incident(al) to)
inclined to think

extra information
1 timid phrase
2 Overuse of inclined to think may cause ridicule.
see alsoit seems
further reading
in close proximity
usagenever use
trynear / close / nearby / close by
extra information
1 verbosity
example of change
The child may be placed with a carer who lives in close proximity near the childs
family or community.
further reading
Blamires Common Errors p 245 (proximity)
Butterworths Legal Dictionary p 948 (proximity)
Garners Dictionary p 711 (proximate; proximal)
Longman English Usage p 575 (proximity)
New Oxford Dictionary p 1494 (proximity)

October 2006
I19
includes
seecomprise; means and includes; the term includes/also includes
inclusive

extra information
2 See LA, s 106 (References to provisions of laws are inclusive).
from 9 to 12 December 1996 (inclusive)
example of change
sections 1 to 3 (inclusive)
in compliance with

tryin 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

trywith / and
extra information
example of change
The Act must be read in conjunction with the Taxation Administration Act.
further reading
Cutts p 29

October 2006
I20
in connection with

tryabout / for / in / of / over / with / to / in relation to / recasting
extra information
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 alsofor 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)
in consequence of

trybecause of / recasting (using so or therefore)
extra information
further reading
incontestably / incontestable

tryomitting / 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.
further reading

October 2006
I21
increasingly less
usagenever use
tryless and less
extra information
logically inconsistent phrase
further reading
incredible

tryincredulous / 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
Right Words p 206 (incredible/incredulous)
incredulous

tryincredible / no change
extra information
1 formal word
2 For the use of incredulous and incredible, see incredible.
further reading
Right Words p 206 (incredible/incredulous)
increment

trystep / increase / addition / no change
extra information
1 formal word
further reading
Cutts p 29

October 2006
I22
inculcate

tryimbue / impress on / indoctrinate / no change
extra information
1 formal word
3 One inculcates values into people and one indoctrinates people with values.
4 For the use of inculcate and imbue, see imbue.
further reading
Right Words p 206
Working Words p 274
incumbent on

tryrecasting (using must)
extra information
1 formal word
incur

tryrecasting
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)

October 2006
I23
indebtedness

trydebt / no change
extra information
1 formal word
2 Prefer debt if appropriate.
further reading
Cutts p 29
in-depth
[as an adjective]

tryomitting / 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
indicate

trydirect / imply / mention / name / nominate / point out / point to / say /
show / specify / state / tell / no change
extra information
1 formal word
see alsoexcept 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 persons blood indicated shown by the test
further reading
Right Words pp 206-7 (indicate)

October 2006
I24
indisputably / indisputable

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.
further reading
Garners Dictionary pp 161 (clearly), 632 (overstatement), 7912 (sentence adverbs), 926 (weasel
words)
individual

tryperson / 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.
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
Howards Guide p 209
Hudson p 199
Partridge p 157
Right Words p 208

October 2006
I25
inebriated

tryintoxicated / under the influence of (eg alcohol or drugs) / recasting (using
affected by )
extra information
1 formal word
2 euphemism
further reading
in every case

tryalways / in every instance / no change
extra information
further reading
inevitably

extra information
Inevitably is usually only needed if the element of inevitability needs to be stressed.
see alsomust inevitably/necessarily
further reading
in excess of

tryover / exceeds / greater than / heavier than / larger than / longer than /
more than / older than / taller than / recasting (using at least)
extra information
2 Prefer an alternative. Generally, prefer over, at least, or a more specific
alternative, eg heavier than, to other alternatives.
further reading

October 2006
I26
infant

trychild / 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
Mellinkoffs Dictionary pp 735 (child/infant/minor)
in favour of

tryfor / supporting
extra information
example of change
I am in favour of support the motion.
further reading
infer

tryimply / 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.
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)
October 2006
I27
infer [continued]
Garners Redbook p 214 (imply; infer)
Right Words pp 204-5 (imply/infer)
inferior than
seesuperior than
infirmity

trypermanent illness / permanent disability / no change
extra information
1 formal word
further reading
Gowers Plain words p 19
inflammable

tryflammable / 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.
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)
Fowlers English Usage p 302 (flammable)
Garners Dictionary p 361 (flammable; inflammable)
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)

October 2006
I28
inform

tryinstruct / mention / point out / say / specify / state / tell / advise / ask /
no change
extra information
1 formal word
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
Partridge p 158
Working Words p 281
in isolation

tryin itself / alone / on its own / no change
extra information
Prefer in itself or alone if appropriate.
further reading
initial

tryfirst / no change
see alsofirst name

October 2006
I29
initiate

trybegin / start / propose / open / introduce
extra information
1 formal word
example of change
Initiate Start the shut-down sequence.
further reading
Cutts pp 29, 31
initio
seeab initio
in lieu of
usagenever use
tryinstead of / in place of / in substitution for
extra information
1 archaism
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
in like manner as
usagenever use
tryas / in the same way as

October 2006
I30
in loco parentis
usagenever use
tryacting 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
in order that / to / for

tryso / 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.
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.

October 2006
I31
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 Queens English p 126 (misconnected phrases)
Cutts p 29 (in order to)
Evans p 133 (in order to)
Fowlers English Usage pp 398-9 (in order that), 399 (in order to)
Garners Dictionary pp 450-1 (in order (to) (for) (that)), 517 (in order to in legalisms and
lawyerisms)
Garners 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

tryagainst 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
Jowitts Dictionary p 952

October 2006
I32
in place

tryin force / in effect / omitting / no change
extra information
overused, imprecise and journalistic phrase
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
usagenever use
tryunder / because of
extra information
2 legalese
further reading
Garners Dictionary p 721 (pursuant to)
in question

tryconcerned / 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 alsocall in question; question
example of change
the contract in question

October 2006
I33
inquire

tryask / question / investigate / no change
extra information
1 formal word
example of change
The employer inquired asked about references.
further reading
Gowers Plain Words p 224 (enquiry)
inquiry
seeenquiry
in re
seere
in receipt of

tryreceiving / 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

October 2006
I34
in regard to
usagenever use
tryabout / concerning / on / for / in / of / over / to / with / in relation to /
recasting
extra information
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 authoritys responsibilities in regard to for the preservation of heritage buildings
further reading
Cutts p 29
Evans p 133
in relation to

tryabout / for / in / of / over / to / with / recasting / no change
extra information
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 alsoto and/or in relation to
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.

October 2006
I35
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 premisesan 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 childs age.
13 ensuring that carriers are accountable in relation to for the exercise of their
powers
further reading
Evans p 133
in rem

tryagainst 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)
Jowitts Dictionary p 952

October 2006
I36
in respect of / to

tryabout / for / in / of / over / to / with / in relation to / recasting
extra information
2 connecting phrase
see alsoto 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
Fowlers English Usage p 671 (respect)
Garners Dictionary p 764 (respect)
in short supply

tryscarce / no change
extra information
verbosity
further reading
Partridge p 279 (rare and scarce)

October 2006
I37
insightful

tryperceptive / 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
usagenever use
tryon site / on-the-spot / in [its] usual place / in [its] original place / undisturbed
extra information
foreign phrase
further reading
in so far as / insofar as
usagenever use
tryas far as / so far as / as / so that / to the extent that
extra information
see alsoas/so far as is/are concerned
further reading
Cutts p 29
in some instances
usagenever use
trysometimes
extra information
verbosity
example of change
In some instances Sometimes, less is more.
further reading

October 2006
I38
in so much as
usagenever use
tryso far as
extra information
further reading
inspect

trycheck / test / no change
extra information
Prefer the simplest, appropriate word.
example of change
The inspector may inspect check the vehicles roadworthiness.
in spite of
usagenever use
trydespite / omitting / recasting
extra information
example of change
She succeeded in spite of despite her disadvantages.
inst.
usagenever use
tryrecasting (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.)
Garners Dictionary pp 454, 895 (ult.)
Partridge p 367 (ult., prox., inst.)

October 2006
I39
instance
usagenever use
tryexample / recasting
extra information
Instance beguiles writers in the same way as case into roundabout ways of saying
simple things (Gowers p 58).
see alsoin 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
Partridge pp 4 (abstract nounsinstance), 159 (instance)
institute
[as a verb]

trybegin / 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
instrument

trydocument / 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).
3 See LA, s 14 (Meaning of instrument).
see alsoinstrument in writing; written instrument
example of change
A member is appointed for the term stated in the members instrument of
appointment.
further reading

October 2006
I40
instrument in writing

trywritten 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
Garners Dictionary p 456 (instrument)
Law Words p 42
Mellinkoffs Dictionary p 319 (instrument)
in support of

tryfor / supporting / no change
extra information
integrate

tryamalgamate / 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

October 2006
I41
inter alia
usagenever use
tryamong other things / recasting
extra information
foreign phrase
further reading
Cutts p 39
Evans p 133
Right Words p 210 (inter alia)
interest
seein the interest of
interesting

trypuzzling / dramatic / unusual / important / recasting (using more precise
words) / no change
extra information
1 vague word
further reading
Partridge p 160
interestingly

tryrecasting (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 alsointeresting
further reading

October 2006
I42
interim

trymeantime / provisional / temporary / no change
extra information
Prefer the simplest, appropriate word.
in terms of

tryabout / for / in / of / to / in relation to / recasting / omitting
extra information
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
Garners Dictionary p 872 (terms, in)
Longman English Usage p 702 (terms)
inter pares
seeprimus inter pares
interrogate

tryquestion / ask / no change
extra information
1 formal word
further reading

October 2006
I43
interval

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
inter vivos
usagenever use
trybetween 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
Mellinkoffs Dictionary pp 268 (gift inter vivos), 657 (trust inter vivos)
in the absence of

trywithout / not having
extra information
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
Howards Guide p 2 (absence)
Howards Handbook p 3 (absence)
Longman English Usage p 5 (absence)

October 2006
I44
in the affirmative

tryrecasting (using words to the effect of yes or in favour)
extra information
formal phrase
see alsoaffirmative
example of change
The court ruled in the affirmative in favour of the plaintiff.
further reading
Fowlers English Usage p 32 (affirmative)
Gowers Plain Words p 201 (affirmative)
Longman English Usage p 24 (affirmative)
in the case of

tryfor / in / recasting (using if applies) / omitting
extra information
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
Garners Dictionary pp 133 (case), 877 (the case of)
Longman English Usage p 112 (case)
in the context of

tryfor / of / to / recasting
extra information
examples of change
1 The emergency beacon is not needed in the context of for the ferrys 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
October 2006
I45
in the course of

tryduring / while / when / throughout / omitting
extra information
example of change
in the course of during the journey
further reading
in the event that / of

[also in the eventuality of]
usagenever use
tryif / when / recasting
extra information
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
in the final / last / ultimate analysis

tryin the end / finally / no change
extra information
vogue phrase
example of change
in the final analysis end
further reading

October 2006
I46
in the first instance
usagenever use
tryfirst
extra information
verbosity
example of change
In the first instance First, contact the landowner.
further reading
in the interest of
usagenever use
tryfor
extra information
further reading
in the nature of

trylike / similar to
extra information
further reading
Garners Legal Style p 128 (nature, of a)
in the negative

tryrecasting (using words to the effect of no or against)
extra information
formal phrase
see alsoin the affirmative
example of change
The answer was in the negative no.
further reading
October 2006
I47
in the neighbourhood of
usagenever use
tryabout / near / close to / in / nearby / close by
extra information
further reading
in the vicinity of
usagenever use
tryabout / near / close to / nearby / close by
extra information
further reading
in this connection
usagenever use
extra information
padding
further reading
in this day and age

trynow
extra information
verbosity
further reading
in this instance
usagenever use
tryhere / (in this) case / (for this) case / omitting / recasting
extra information
padding
further reading

October 2006
I48
in this [provision] called

tryomitting
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
usagenever use
trycompletely / as a whole / entirely / fully / totally / wholly / without
exception / total / in all / recasting
extra information
foreign phrase
further reading
intoxicated

tryunder the influence of (eg alcohol or drugs) / recasting (using affected by ) /
no change
extra information
euphemism
further reading

October 2006
I49
in view of

trybecause of / as / since
extra information
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)
involve

tryomitting / recasting (using more precise words) / no change
extra information
1 vague word
example of change
The additional cost involved is $50 for each computer.
further reading
involvement

tryconnection / recasting (using more precise words) / no change
extra information
vague word
further reading
in which

trywhere / 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

October 2006
I50
in writing

tryomitting / written / recasting / no change
see alsoinstrument in writing; notice in writing
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
usagenever use
tryby that very fact / recasting
extra information
foreign phrase
further reading
Evans p 133
ironically / ironic

tryrecasting (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)
Fowlers English Usage pp 415 (irony), 7023 (sentence adverbs)
Garners Dictionary pp 4689 (irony), 791-2 (sentence adverbs)
Garners Legal Style pp 153-4 (Irony)
Right Words pp 2146 (ironic/irony/sardonic/satiric)
Working Words pp 290 (irony/ironic/ironical/ironically)

October 2006
I51
irrespective of

tryrecasting (using whether or not or even if)
further reading
is / are able to

trycan / 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)
is / are allowed to

trymay / can
extra information
verbosity
is / are authorised

trymay / can
extra information
can be a verbosity
example of change
The local authority is authorised may
further reading
Evans p 121 (be authorised to)

October 2006
I52
is / are entitled to

trymay / 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 alsois not entitled to
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
Garners Dictionary p 942 (words of authority)
is / are liable to

trymust /is given to / is apt to / is likely to / is expected to / probably / is
responsible for / no change
extra information
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.
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
Fowlers English Usage pp 64 (apt, liable), 455 (liable, likely), 460 (likely)
Garners Dictionary pp 72 (apt; apposite), 527 (liable), 530 (likely)
Garners Legal Style p 124 (liable; apt; likely)
October 2006
I53
is / are liable to [continued]

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

trycannot / 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

trymay / can / need not / does not have to / may, but need not, / can, but
need not,
extra information
is / are not to

trymust not / does not
extra information
see alsois/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

October 2006
I54
is or exceeds

tryis at least
example of change
the weight of the load is or exceeds at least
is / are required to

trymust
extra information
verbosity
issue
[as a noun]

trysubject / 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
issue
[as a verb]

trymake / give / transfer / send / omitting / no change
extra information
1 formal word
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.

October 2006
I55
issue as to whether / of whether
usagenever use
tryissue whether
extra information
verbosity
further reading
Garners Dictionary pp 470, 930 (whether)
Garners Legal Style pp 135 (whether, as to), 144 (whether (or not))
is the duty
seeit is the duty of
is / are to

trymust / will / omitting / recasting / no change
extra information
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 alsois to be read; is to be taken
1 An election is to be held on
2 The committees 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

October 2006
I56
is to be read

tryrecasting
extra information
verbosity
example of change
the provision is to be read applies with the changes
is to be taken
usagenever use
tryis / 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
Garners Legal Style p 191 (be-verbs)
is / are unable to

trycannot / 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)

October 2006
I57
it appears that / it would appear that

extra information
timid phrase
further reading
Garners Legal Style p 36 (it would appear that)
item

extra information
Prefer a more precise alternative if appropriate.
item 10
example of change
Please tick the items goods that you wish to buy.
further reading
it is apprehended that
usagenever use
tryI/we suppose / omitting / recasting
extra information
timid phrase
further reading
it is lawful
seelawful
it is (respectfully) suggested that

extra information
timid phrase
further reading

October 2006
I58
it is the duty of

tryrecasting (using must)
extra information
verbosity
further reading
it may necessitate
usagenever use
try[you] may have to
extra information
formal phrase
further reading
Gowers Plain Words p 247 (necessitate)
it might be said that

extra information
timid phrase
further reading
it seems

extra information
timid phrase
see alsoseems
further reading

October 2006
I59
it will be seen by a perusal of
usagenever use
tryyou will see by reading / you will see from
extra information
pomposity
further reading
it would appear that

seeit appears that/it would appear that
ize
[usually at end of word]

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

October 2006
I60
J
jointly and severally
[also joint and several]

tryrecasting (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)
Garners Dictionary pp 479 (joint and several), 799 (several)
Law Words 1995 pp 446 (joint and several)
Right Words p 367 (several)
junior than
seesenior than
just and reasonable

tryjust / fair / reasonable / impartial
extra information
doublet
further reading
justify

tryprove / defend / no change
extra information
Prefer the simplest appropriate word.

October 2006
J1
juvenile

trychild / not an adult / infant / minor / recasting (using a defined term, eg
young person) / no change
extra information
2 Juvenile has derogatory connotations in some contexts.
further reading

October 2006
J2
K
kind

extra information
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).
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 alsotype and kind
example of change
a person of the kind mentioned in section 14
further reading
Cambridge Style Guide p 427 (kind of)
Garners Legal Style pp 123, 205 (kind of)
Gowers Plain English p 134 (those kinds of things)
Strunk and White p 51 (kind of)
knowledge
seehas/have knowledge of

October 2006
K1
L
lack

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
laid before
seelay/laid before
landlord

trylessor / no change
extra information
1 formal word
2 Landlord has negative overtones.
last
seein the final/last/ultimate analysis; lastmentioned/last-mentioned/ last
mentioned
last will and testament
usagenever use
trywill
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

October 2006
L1
lastly
usagenever use
trylast
further reading
lastmentioned / last-mentioned / last mentioned
usagenever use
tryrecasting / 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 alsofirstmentioned/first-mentioned/first mentioned
later
seeno later than; not later than
latter

tryrecasting / 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 alsoformer
further reading
Cambridge Style Guide p 291 (former and latter)
Garners Dictionary p 370 (former)

October 2006
L2
latter [continued]
Longman English Usage pp 2923 (former, latter)
Partridge p 175
Right Words p 163 (former/latter)
Working Words p 232 (former/latter)
lawful

tryvalid / 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.
without lawful justification or excuse
further reading
Cambridge Style Guide p 439 (legal, legalistic, legitimate or lawful)
lay
seelay/laid before; overlay; underlay
lay / laid before

trypresent 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
seepermanent layoff
leading edge
October 2006
L3
leading question

tryloaded 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
least
seeat least as/so far as is/are concerned
legal practitioner

trylawyer / no change
extra information
1 formal phrase
2 See LA, dict, pt 1, defs lawyer and legal practitioner.
legally

extra information
1 Legally can be a sentence adverb (ie an adverb that qualified a sentence as a
whole)
further reading

October 2006
L4
less

tryfewer / 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 alsoincreasingly less; not less than; or less
lesser

tryless / 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
let

tryleased / allow / permit / leave / no change
extra information
1 It is unnecessary to refer to both let and leased.
example of change
If the land were let leased at a nominal rent,
further reading
Fowlers English Usage p 448 (leave, let)

October 2006
L5
level

tryomitting / 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
liable to
seeis/are liable to
liability to
seehas/have a liability to
liaise with

trytalk to / coordinate / contact
extra information
vogue phrase
lieu
seein lieu of

October 2006
L6
like

tryas / 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 alsoin like manner as
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 4478 (in support of use of like as conjunction)
likewise

trysimilarly / also / recasting (adding and to avoid using as conjunction) / no
change
extra information
The use of likewise as a conjunction remains contentious.
further reading
limited number of

tryfew
extra information
1 verbosity
further reading
Brysons Troublesome Words p 119 (limited)
Gowers Plain Words p 241 (limited)
Howards Guide p 246 (limited)
Partridge p 177 (limited)
Working Words p 316 (limited)

October 2006
L7
limiting
seewithout limiting the generality of
listed

trymention / state / set out / recasting / no change
extra information
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

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

October 2006
L8
livelihood

tryliving / occupation / business
extra information
formal word
further reading
locality

tryplace / area / district
extra information
formal word
further reading
lodge

tryfile / made to / give / send / recasting / no change
extra information
1 formal word
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.

October 2006
L9
logically / logical

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.
further reading
long
seeas/so long as

October 2006
L10
M
maintain

trykeep / continue / have / state / assert / no change
extra information
1 maintaining an aid to navigation
2 A standard may specify the objectives to be achieved and maintained.
3 The duties of a pilots employer are to develop and maintain the pilots 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

trymain / chief / principal / serious / recasting (using important / big / large
/ strong / great) / no change
extra information
vague, overused word
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
Working Words p 324

October 2006
M1
major part

trymost
extra information
verbosity
further reading
Gowers Plain Words p 243 (majority)
Working Words p 324 (major)
majority

tryrecasting (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).
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)
Right Words p 243
Working Words p 324

October 2006
M2
make a decision

trydecide
extra information
verbosity
example of change
It is necessary to make a decision decide
make an order

tryorder
extra information
verbosity
example of change
The court may make an order that...
make application

tryrecasting (using, eg apply)
extra information
verbosity
example of change
A person may make an application apply to the Minister for a licence.
further reading
make a statement

trystate / assert /mention
extra information
verbosity
example of change
A person must not make a statement state
further reading
Garners Dictionary p 11 (abstractitis)

October 2006
M3
make payment

trypay
extra information
verbosity
further reading
make provision for

tryprovide for
extra information
verbosity
further reading
Garners Dictionary pp 543, 912 (verbosity)
make reference to

tryrefer to / mention
extra information
verbosity
further reading
make sure
usagenever use
tryensure / verify / clarify

October 2006
M4
man / men

tryperson / 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 alsoman-made
further reading
Cwlth Style Manual p 58 (Sex-neutral references to individuals)
Fowlers English Usage pp 7056 (sexist language), 1825 (discriminatory language)
Longman English Usage p 645 (sexism)
Working Words p 325
...man / men

tryrecasting (using gender-neutral words)
extra information
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 alsochairman/chairwoman; workman/working man
further reading
Cwlth Style Manual p 58 (Sex-neutral references to individuals)
Garners Dictionary pp 801-2 (sexism)
manhole

tryaccesshole / sewerhole / utility hole / trapdoor / recasting
extra information
1 Arguably a gender-specific word.
further reading
Working Words p 183 (discriminatory language)
October 2006
M5
manhood

tryadulthood / recasting
extra information
manhour
usagenever use
tryworking hour / work hours / labour hours / recasting
extra information
see alsoman
further reading
manifestation

tryrecasting (using more neutral words) / no change
extra information
1 vague word
further reading
manifestly / manifest

extra information
1 dogmatic words
further reading
Garners Dictionary pp 161 (clearly), 926 (weasel words)

October 2006
M6
mankind

tryhumanity / human beings / humans / people / the human race / humankind /
persons / recasting / no change
extra information
example of change
the problems of mankind humanity
further reading
Cambridge Style Guide pp 4634 (man)
Fowlers English Usage pp 479, 7056 (sexist language)
Partridge p 185
Right Words p 245
Working Words pp 1825 (discriminatory language), 325
man-made
usagenever use
tryartificial / manufactured / constructed / fabricated / handmade /
handcrafted / recasting
extra information
see alsoman
further reading
manner

tryway / method / omitting / recasting (using, eg how) / no change
extra information
1 Manner is a fruitful source of verbosity.
see alsoin 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
Garners Dictionary p 547 (manner in which)
Partridge p 4 (abstract nouns)
Working Words p 326
October 2006
M7
manpower

tryworkforce / staff / workers / human resources / labour / labour force /
personnel / people / recasting
extra information
further reading
Working Words p 183 (discriminatory language)
marginal
[or marginally]

trysmall / 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
master
[as a noun]

tryemployer / 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 masterservant relationship,
employer and employee are usually sufficient. Master in this context is dated
and can have negative overtones.
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 apprentices master employer
2 a schoolmaster schoolteacher [or principal]
further reading
Garners Dictionary pp 312 (employer and employee; master and servant), 550

October 2006
M8
material
[as an adjective]

tryessential /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
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.
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)
Garners Legal Style p 125 (material; relevant)
Working Words p 239 (germane/material/relevant)
materialise

tryhappen / come about / take place / occur / appear / no change
extra information
1 formal word
further reading

October 2006
M9
matrix

extra information
1 vogue word
2 Avoid using matrix in the vague sense of situation or surrounding substance.
further reading
Garners Dictionary p 919 (vogue words)
matter

tryissue / thing / substance / subject / topic / concern / consideration /
dispute / recasting / no change
extra information
1 formal word
see alsoany act/matter/thing; any other
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 clients 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]

tryrecasting (using eg most / biggest / greatest / heaviest / oldest / thickest) / no
change
extra information
2 If possible, avoid using maximal or maximise.
a motorised wheelchair with a maximum speed of less than 10km/h
further reading

October 2006
M10
may

trycan / no change
extra information
1 May should be used if a power, permission, benefit or privilege given to
someone may, but need not, be exercisedthe exercise is discretionary.
2 May should not be used in cases where the ability to do something is being
emphasised (see can).
see alsoas the case may be/requires; as the case may require
further reading
Cutts p 33 (can)
Garners Dictionary pp 128 (can; may), 5523, 942 (words of authority)
meaningful

tryreasonable / 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
Garners Dictionary pp 553, 919 (vogue words), 926 (weasel words)
Garners Legal Style pp 32, 33, 1256, 205

October 2006
M11
means
[as a noun]

tryway / form / type / financial resources / income / no change
extra information
1 formal word
see alsoby means of
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
usagenever use
trymeans
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
Garners Dictionary p 258 (Definitions C.)
Piesse pp 467

October 2006
M12
measure
[as a noun]

extra information
1 Words like measure are vague and abstract, and can be useful on occasion.
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
medical practitioner

trydoctor / no change
extra information
1 formal phrase
2 See LA, dict, pt 1 def doctor and medical practitioner.
further reading
meets the requirements of
usageavoid using if possible.

trycomplies 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.

October 2006
M13
meet with / meet up with

trymeet / 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 alsoconsult with; miss out on; visit with
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 doesnt 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 4734 (meet (up) (with)), 583 (phrasal verbs)
Gowers Plain Words p 184 (meet with)
Howards Guide p 263 (meet with and meet up with)
Howards 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)

October 2006
M14
men
seeman/men; ...man/men
mens rea

trystate 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
mention

trystate / set out / no change
extra information
See state for a discussion of the use of mention, set out and state.
see alsoabovementioned/abovelisted/abovequoted; aforementioned;
belowmentioned/belowlisted/ belowquoted; firstmentioned / first-mentioned / first
mentioned; lastmentioned / last-mentioned / last mentioned; undermentioned
mercifully / merciful

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.
further reading
Longman English Usage pp 443, 640-1 (sentence adverbs)

October 2006
M15
mere

extra information
1 Mere can be used as a depreciative, dogmatic word.
further reading
method by which

tryway in which / system for which / no change
methodology

tryway / 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
might
seeit might be said that

October 2006
M16
minimum
[also minimal / minimise]

tryrecasting (using, eg least / lightest / smallest / thinnest / youngest) / no change
extra information
2 If possible, avoid using minimal or minimise.
further reading
minor

trychild / recasting (using a defined term, eg young person) / no change
extra information
1 formal word
further reading
Mellinkoffs Dictionary pp 735 (child/infant/minor)
minority
[in voting]

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)
Fowlers English Usage pp 4767 (majority), 496 (minority)
Right Words p 243
Working Words p 324

October 2006
M17
minus

tryless / without / negative / recasting / no change
extra information
1 can be a colloquialism as an alternative to without
example of change
minus less any administrative costs
further reading
miss out on
usagenever use
trymiss
extra information
1 phrasal verb
2 Use the simple verb.
see alsoconsult with; meet with/meet up with; visit with
further reading
modify

trychange / alter / adapt / amend / no change
extra information
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
usagenever use
tryway of operating / way of proceeding / way of working / method
extra information
foreign phrase
further reading
Cutts p 39
Working Words p 348 (modus operandi/modus vivendi)

October 2006
M18
moment of time
seeat this time/point of time/moment of time
money

tryamount / no change
extra information
Except in expressing the idea of an identifiable (but not necessarily quantifiable)
quantity of money, prefer amount.
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

trymoney / 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)
Garners Dictionary p 571 (monies)
Macquarie Dictionary p 1387 (supports either spelling)
Partridge p 196
Working Words p 349 (supports either spelling)

October 2006
M19
monitor
[as a verb]

trycheck / supervise / oversee / no change
extra information
month
seecalendar month
moreover

tryomitting / and / also / in addition / too / again / further / besides / no
change
extra information
formal word
further reading
more than

tryexceeds / 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 alsonot more than; more than 1

October 2006
M20
more than 1

tryrecasting (using 2 or more) / no change
extra information
1 legalese
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]
usagenever use
tryam
extra information
Use am/pm, without full stops, for times.
see also12 am
example of change
6 oclock in the morning 6 am
further reading
Partridge p 17 (a.m.)
motion
seeof its own motion
motivation

extra information
Motivation can be a vague word.
further reading

October 2006
M21
much as
seein as much as; in so much as; not so much as
must

tryshould / will / necessary / is to / may / recasting (using eg mayonly
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
Garners Dictionary pp 5778, 93943 (words of authority)
must inevitably / necessarily
usagenever use
trymust
extra information
redundancy
further reading

October 2006
M22
mutatis mutandis
usagenever use
trywith the necessary changes / with the appropriate changes
extra information
foreign phrase
further reading
Cutts p 39
mutual

trycommon / reciprocal / no change
extra information
For the use of common and mutual, see common.
mutually agree
usagenever use
tryagree
extra information
tautology
example of change
If the parties mutually agree to extend the time,
myself

tryI / 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 4701 (me), 500 (myself), 67980 (self)

October 2006
M23
my sense is that
usagenever use
tryI consider / I think / omitting / recasting / no change
extra information
timid phrase
see alsoit seems
further reading

October 2006
M24
N
name
seeby the name of; Christian name; first name; forename; under that name
namely
usagenever use
extra information
redundancy
example of change
The following information must be included in the application, namely:
natural person

tryindividual / 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
nature

extra information
1 Words like nature are vague and abstract, and can be useful on occasion.
see alsoin the nature of
examples of change
1 improvements of a useful nature useful improvements
2 of a careful nature careful
further reading
October 2006
N1
necessarily
extra information
1 dogmatic word
2 Only use necessarily if there is an element of necessity.
see alsomust inevitably/necessarily
further reading
necessitate

tryrequire / make necessary / oblige / need / force / cause / have to
extra information
formal word
see alsoit may necessitate
further reading
Cutts p 29
need
seehas/have need of
negative
seein the negative
neighbourhood
seein the neighbourhood of
neither
seenor
nevertheless

tryhowever / even so / yet / no change
extra information
further reading
Cutts p 29

October 2006
N2
next

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.
The standards do not apply to a vehicle designed to be controlled by a person
walking next to it.
further reading
night
[for time]
usagenever use
trypm / am
extra information
Use pm/am, without full stops, for time.
example of change
eleven oclock at night 11 pm
further reading
Partridge p 17 (a.m.)
no
seehas/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
usagenever use
tryno effect
extra information
doublet
further reading
Garners Dictionary p 366 (force and effect)

October 2006
N3
no later than

tryrecasting (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 alsonot later than
example of change
no later than 30 June before 1 July
nonetheless

tryhowever / even so / yet
extra information
Prefer the simplest appropriate alternative.
further reading
Cutts p 29
non-flammable
seeinflammable
no option but to

trymust / recasting
extra information
verbosity
example of change
You have no option but to must refund my money.
further reading
no question that / but that

tryrecasting / no question of / no change
extra information
No question that can be ambiguous.
further reading

October 2006
N4
nor

tryor / 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)
Right Words p 272
normalise

tryrestore to normal / make normal / return to normal / no change
further reading
northerly (direction) / northwardly / northward(s)

seeeasterly (direction)/eastwardly/eastwards

October 2006
N5
not

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 alsois 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
not because

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
not being

tryother than / except / recasting
extra information
Do not use not being or being to join relative clauses (see being).
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
not entitled to
seeis not entitled to
October 2006
N6
not exceeding

trynot greater than / not more than / at most / not over / up to / recasting
(using under / maximum / less than / lighter than / shorter than / smaller than /
extra information
Generally, prefer recasting if appropriate.
not fewer than

tryat 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

trynot exceeding / not more than / at most / not over / up to / recasting
(using under / maximum / less than / lighter than / shorter than / smaller than /
extra information
nothing in this

extra information
indirect phrase
example of change
Nothing in this This section is taken to does not imply
notice in writing
usagenever use
trywritten notice / notice / recasting

October 2006
N7
notification
usagenever use
trynotice
extra information
formal phrase
example of change
1 On giving notification notice,
2 If the person receives notification in writing written notice before...
notify

tryinform / instruct / mention / point out / say / specify / state / tell / no
change
extra information
formal word
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
not inseenot un-/in-
not later than

tryrecasting (using before / within / by) / no change
extra information
1 Prefer before, within or by.
2 See on or before for further information.
see alsono 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

October 2006
N8
not less than

tryat 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

trynot 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
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

extra information
Not only but also requires proper balancing of the sentence (see both and).
further reading

October 2006
N9
not prepared to

tryrecasting (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
not required to
seeis not required to
not so much as

extra information
Not so much as requires proper balancing of the sentence (see both and).
further reading
not to
seeis not to

October 2006
N10
not un- / in-

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 Orwells famous
sentence: A not unblack dog was chasing a not unsmall rabbit across a not
ungreen field..
further reading
Cambridge Style Guide pp 2156 (double negatives), 5212
Right Words p 274
notwithstanding / notwithstanding the fact that / notwithstanding that
usagenever use
trydespite / 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
Garners Dictionary pp 6001, 601 (notwithstanding the fact that; notwithstanding that)
Garners Legal Style p 184 (notwithstanding the fact that)
nought

try0 / 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
October 2006
N11
now
seeas of now
null and of no effect / legal effect

seenull and void
null and void
usagenever use
tryvoid / 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
Garners Dictionary pp 293 (doublets, triplets and synonym-strings), 604, 919 (void; voidable)
Howards Guide p 2 (abet)
number
seea limited number of; an adequate number of; an excessive number of; the
greatest number of
numerous

trymany / no change
example of change
too numerous many to be counted
further reading

October 2006
N12
O
object
seewith the object of
objective

tryaim / 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
observe
[also observance / observation]

trycomply 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.

October 2006
O1
observe
[also observance / observation] [continued]
1 Strict religious observance was required at the school.
2 A parent of a child may make decisions about the childs 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)
Garners Dictionary p 611 (observance/observation)
Fowlers English Usage pp 538-9 (observance, observation)
Partridge p 221 (observance and observation) and (observe)
Working Words p 373 (observance/observation)
obtain

tryget / 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
Garners Dictionary pp 88-9 (attain; obtain), 611

October 2006
O2
obviate

tryavoid / 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
Working Words p 373
obviously / obvious

tryomitting / 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.
further reading
Garners Dictionary pp 161 (clearly), 926 (weasel words)

October 2006
O3
occasion
[as a noun]
seeon each occasion when
occasion
[as a verb]

trycause / leads to / results in
extra information
formal word
further reading
occur

tryhappen / omitting / no change
extra information
Prefer happen if appropriate.
see alsoupon/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
Working Words p 373
occurrence
seeupon/on the occurrence/happening of

October 2006
O4
oddly / odd

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.
further reading
of course

extra information
padding
further reading
off

tryfrom / no change
extra information
Do not use off if you mean from.
He took off his hat.
example of change
The child took the book off from the teacher.

October 2006
O5
off of
usagenever use
tryoff
extra information
example of change
The bird flew off of the tree.
further reading
officio
seeex officio
of its own motion

tryon its own initiative
extra information
formal phrase
example of change
A court may, of its own motion on its own initiative,
of limited use

trynot very useful
extra information
pomposity
further reading
Gowers Plain Words p 241 (limited)
of whether / who / what / etc

seequestion of whether/who/what/how/etc

October 2006
O6
older than

tryover / 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
seeon or about; upon the expiration; upon the occurrence/happening of
on a basis
seebasis
on account of

trybecause of / for
extra information
example of change
Sick leave means leave of absence on account of because of illness.
further reading
Fowlers English Usage pp 15-6 (account)
Longman English Usage pp 10-1 (account)
on and after

tryrecasting (eg after / inclusive / 6 months beginning on) / no change
extra information
1 Prefer recasting.
2 See on or before for more information.
example of change
on and after 1 July after 30 June

October 2006
O7
on and from

tryon and after / recasting (eg after 6 months)
see alsoas on and from
extra information
1 See on or before for more information.
on behalf of

tryfor / 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 alsofor and/or on behalf of; on the part of
1 a claim on behalf of the deceased persons 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 defendants 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 mans 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
Brysons Troublesome Words p 22 (behalf)
Fowlers English Usage p 101 (behalf)
Howards Guide p 293 (on behalf of or on the part of)
Howards Handbook p 277 (on behalf of/on the part of)
Hudson p 49 (behalf)

October 2006
O8
on behalf of [continued]
Garners 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

try1 / 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).
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

trywhenever / when
extra information
2 verbosity

October 2006
O9
ongoing

trycontinuing / in progress / no change
extra information
overused, vogue word
further reading
on grounds that
seeon the grounds of/that
only

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 alsoif, 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
Right Words p 285
on or about

tryon / about / no change
extra information
If possible, find out what alternative applies and use it.
further reading

October 2006
O10
on or before

trynot later than / recasting (using before / not less than / at least / x months
ending on or at the end of / inclusive) / no change
extra information
example of change
on or before 30 June before 1 July
further reading
Cwlth OPC Plain English p 19 (period)
on the basis of

tryby / from / because of / using / recasting
extra information
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
on the cutting / leading edge

extra information
1 vague, vogue phrase
further reading
on the expiration
seeupon/on the expiration

October 2006
O11
on the ground / grounds of / that

trybecause of
extra information
2 verbosity
further reading
on the occurrence / happening of

seeupon/on the occurrence/happening of
on the part of
usagenever use
tryby / recasting (using, eg by) / among / for / omitting
extra information
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 technicians carelessness].
3 The defendants case was harmed by a lack of candour on the part of the
defendant the defendants lack of candour. [Note This sentence would be better
further recast (see lack).]
further reading
Fowlers English Usage p 101 (behalf)
Howards Guide p 293 (on behalf of or on the part of)
Howards 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)

October 2006
O12
onward / onwards

tryonwards / 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.
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
Howards Guide p 296
on which

trywhen / 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

October 2006
O13
operational
[also operationally]

extra information
1 vague word
further reading
opinion

tryrecasting (using eg consider or think) / no change
extra information
Opinion is a word that can give rise to verbosity.
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
optimistic
[also optimism]

tryconfident / hopeful / no change
extra information
Optimistic means the habit of mind of being disposed in all circumstances to hope
for the best.
further reading

October 2006
O14
optimum
[also optimal / optimise]

tryrecasting (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
option
seehas/have the option of; no option but to
or

tryeither 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 alsoand/or; either or
example of change
Buyers who are either wholesaler or retailer, but not both.
further reading

October 2006
O15
oral
[also orally]

tryverbal / 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.
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)
Fowlers English Usage pp 8201 (verbal)
Garners Dictionary pp 813 (slipshod extension), 91011 (verbal), 911 (verbal contract)
Working Words p 380 (oral/verbal)
or authority
seepower and/or authority
or both

extra information
Because or generally includes and, it is not usually necessary to use or both.
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).

October 2006
O16
order
seemake an order; in order that/to
or less

trynot 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
a maximum capacity of 500L or less
or otherwise

tryor / 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.
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
clients deadline.
4 They need to know whether their instrument has been registered or otherwise.
further reading
Fowlers English Usage pp 55960 (otherwise)

October 2006
O17
other
seeany other
otherwise
seeexcept as/where otherwise provided/indicated; or otherwise; otherwise than
otherwise than

tryother than / apart from / however / but / except / excluding / recasting
(using eg only)
extra information
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)
Fowlers English Usage p 559 (other)
Gowers Plain Words pp 24950 (otherwise)
outside of

tryoutside / no change
extra information
2 can be non-standard English
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
Right Words p 290 (outside of/inside of)

October 2006
O18
outward / outwards

tryoutwards / 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.
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
Howards Guide p 299
Working Words p 383
over
seeabove
overall

tryomitting / altogether / average / in all / on balance / total / recasting (using
more precise words) / no change
extra information
vague word
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

October 2006
O19
overlay

tryoverlie / 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.
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 alsounderlay
further reading
Gowers Plain English p 240 (lay, lie)
Partridge p 235
overlook

tryneglect / 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
Longman English Usage 503
Partridge p 235
Right Words p 290

October 2006
O20
oversee

trysupervise / monitor / direct / manage / check / no change
extra information
1 formal word
further reading
Right Words p 290
oversight
[as a verb]

trysupervise / 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
further reading
Cambridge Style Guide pp 290 (formal words), 553
Fowlers English Usage p 564 (overlook, oversee)
Right Words p 290
owing...due
seedue

October 2006
O21
owing to the fact that
usagenever use
trybecause of
extra information
verbosity
see alsothe fact that
own motion
seeof its own motion

October 2006
O22
P
panacea

tryremedy / no change
extra information
A panacea is a cure-all, not just any remedy.
further reading
Cambridge Style Guide pp 5578 (panacea)
Right Words p 292
paradigm

trymodel / exemplar / example / no change
extra information
formal word
further reading
Right Words p 293
paradoxically / paradoxical

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.
further reading
Working Words p 390 (paradox)

October 2006
P1
parameter

tryboundary / limit / border / framework / condition / criterion / ground /
consideration / variable / edge / guideline / element / recasting (using more
extra information
1 vague, vogue word
2 Use parameter with care. Avoid using parameter as an omnibus word. See kind
for extra information.
4 Parameter is sometimes confused with perimeter or boundary.
further reading
pares
seeprimus inter pares
parol

tryoral / unwritten / word of mouth / no change
extra information
1 formal word
3 For the use of oral and verbal, see oral.
further reading
part
seeon the part of
partial

tryrecasting (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 alsopartially

October 2006
P2
partially

trypartly / 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 alsopartial
example of change
The apple was partially partly bruised.
further reading
Longman English Usage p 516 (partial)
Partridge p 239
Right Words p 296
Working Words p 392
participate
[also participation]

trytake part / share / no change
extra information
1 vague word
2 formal word
to provide for community participation in local government
example of change
A member who participates takes part in a meeting
further reading
October 2006
P3
particular

tryomitting / respect / detail / fact / information / example / no change
extra information
Particular is occasionally used unnecessarily in writing, especially for emphasis.
see alsoin a particular respect; in a material particular (see material)
1 (1) The operator must not change the nature of the service without the chief
executives written approval.
(2) In particular, the operator must not increase the number of the services
child care places without the chief executives 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)
partly
seepartially
pass away

trydie / recasting (using death)
extra information
euphemism
further reading
payable . due
seedue
payment
seemake payment

October 2006
P4
pay, satisfy and discharge
usagenever use
trysatisfy / discharge / comply with
extra information
triplet
further reading
peaceable
seepeaceful
peaceful

trypeaceable / 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
pecuniary

tryfinancial / monetary
extra information
formal word
example of change
direct or indirect pecuniary financial interest
pending

tryrecasting (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
October 2006
P5
people
seepersons
per

trythrough / by / for each / a / for / no change
extra information
foreign phrase, but absorbed into English
see alsoas 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
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
Cutts pp 32-3
Cwlth Style Manual pp 202, 205
Howards Guide p 308
per annum
usagenever use
trya year / by the year / for each year / per year / annually
extra information
foreign phrase
example of change
$500 per annum a year
further reading
Cutts p 39
Howards Guide p 308 (per)
Howards Handbook pp 41 (a year/per annum), 291
Right Words p 299
Working Words p 396

October 2006
P6
per capita

trya 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
Cutts p 39
Howards Handbook p 291 (per)
Right Words p 299 (per)
per cent / percent / per centum
usagenever use
try%
example of change
9 per cent %
further reading
Cwlth Style Manual pp 186, 188
Howards Guide pp 308-9 (per and per cent or percentage)
Howards Handbook pp 291 (per), 292 (per cent/percentage)
Working Words pp 396-7 (per cent / percentage)

October 2006
P7
percentage

trysome / 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
Howards Guide pp 308-9 (per cent or percentage)
Howards Handbook p 292 (per cent/percentage)
Working Words pp 396-7
perceptible

tryperceptive / 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).
further reading
perceptive
seeperceptible

October 2006
P8
per day / month / year

trya [day/month/year] / for each [day/month/year] / no change
extra information
1 legalese
further reading
Cutts p 39 (per annum)
Fowlers English Usage pp 583-4 (per)
Garners Dictionary p 649 (per)
Howards Handbook p 291 (per)
per diem
usagenever use
trya day / by the day / for each day / per day / daily
extra information
foreign phrase
further reading
Cutts p 39
Working Words p 397
perform

trycarry 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.
The report must include performance indicators.
example of change
In performing carrying out the functions
further reading

October 2006
P9
perform and discharge
usagenever use
tryperform / discharge / recasting
extra information
doublet
further reading
period
[of time]

tryomitting / 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.
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
permanent layoff

trydismissal / termination (of employment)
extra information
euphemism
further reading

October 2006
P10
permissible
seepermissive
permissive

trypermissible / 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
permit
[as a verb]

trylet / allow / recasting (using may) / no change
see alsowhere the context permits
per month
seeper day/month/year
perpetrate
seeperpetuate
perpetuate

tryperpetrate / 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.
The rumours perpetuated the doubts about him.
example of change
He perpetuated perpetrated a fraud on his employer. [or committed]
further reading
October 2006
P11
per procurationem / per proc. / per pro. / p.p.
usagenever use
tryfor / on behalf of
extra information
foreign phrase (literal meaning through the agency of).
example of change
AB per pro for CD
further reading
Cutts p 39
perquisite
seeprerequisite
per se
usagenever use
tryby 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
Cutts p 39
person

tryindividual / corporation / no change
extra information
Use individual to distinguish a natural person from a corporation (see LA, dict, pt 1,
def individual).
see alsoanother person; any other; body corporate; natural person

October 2006
P12
person or body

tryentity (if necessary after defining entity) / person / no change
extra information
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

trypeople / 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 Fowlers 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)
Fowlers English Usage p 583 (people, persons)
Garners Dictionary pp 649-50 (people)
Garners Legal Style p 132 (people; persons)
Howards Handbook p 291 (people/persons)
Howards Guide p 291 (people/persons)
Partridge pp 241 (people), 244 (persons)
Right Words p 298 (people)
Working Words p 396 (people)

October 2006
P13
personally

extra information
can be a redundancy
examples of change
1 I personally think
2 Personally, I like the idea.
further reading
personam
seein personam
personnel

trystaff / people / employees / no change
extra information
per stirpes

tryrecasting (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. Bs share will be taken in equal shares by
Bs 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
Garners Dictionary pp 649 (per capita (B)), 834 (stirpital), 872 (terms of art)
Mellinkoffs Dictionary pp 474-5

October 2006
P14
pertaining to
usagenever use
tryabout / of / in relation to / on
extra information
archaism
peruse

tryread / study / consider / examine
extra information
1 formal word
2 One meaning of peruse is to read, study, consider or examine carefully or
thoroughly.
see alsoit will be seen by a perusal of
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
Fowlers English Usage pp 309 (formal words), 591
Partridge p 244
Working Words p 400
per year
seeper day/month/year
phase

extra information
Avoid using phase as an omnibus word. See kind for extra information.
a 3-phase electrical system
further reading
Garners Legal Style pp 32 (as vague word), 132 (as vague word), 205 (as omnibus word)

October 2006
P15
plan on ing

tryplan to
extra information
verbosity
example of change
I plan on moving to move.
further reading
please
seeenclosed please find/please find enclosed
point of time
seeat this time/point of time/moment of time
point of view

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
Garners Dictionary p 916 (viewpoint; point of view; standpoint)
Partridge p 330 (standpoint; point of view; viewpoint; angle and slant)

October 2006
P16
portion

trypart / 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
Partridge p 250 (portion and part)
position
[as a noun]

extra information
1 can be a vague word
3 never use position in regard to
see alsoin a position
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
Partridge pp 4 (abstract nounsposition), 251 (position to do (something), not to be in a)
position
[as a verb]

tryplace / put
extra information
formal word
October 2006
P17
possess

tryhave / keep / own / no change
extra information
formal word
further reading
possession, custody and control
usagenever use
trypossession / ownership
extra information
1 triplet
2 If necessary, define possession to include particular kinds of control.
further reading
possible
seeas soon as is possible/practicable; as soon as possible; as soon as
practicable; practicable; if practicable
power
seehas/have no power to; has/have power to
power and / or authority
usagenever use
trypower / omitting
extra information
1 doublet
2 See LA, dict, pt 1, defs power and function.
p.p.
seeper procurationem / per proc. / per pro. / p.p.

October 2006
P18
practicable

trypractical / 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 alsoas soon as is possible/practicable; as soon as possible; as soon as
practicable; if practicable; if possible
further reading
Garners Dictionary pp 676 (possible; practicable), 678 (practical; practicable)
Right Words p 323
practical
seepracticable
practical considerations

extra information
vague phrase
further reading
practically

tryalmost / 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

October 2006
P19
practice

trypractise / no change
extra information
Practice is the spelling for the noun. Practise is the spelling for the verb.
further reading
practise
seepractice
practitioner
seelegal practitioner; medical practitioner
preceding

trylast / 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

October 2006
P20
precipitate

tryhasty / rushed / rash / no change
extra information
1 formal word
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
Fowlers English Usage pp 6134 (precipitous)
Oxford English Usage p 157 (precipitous)
Partridge pp 253-4 (precipitously)
Working Words p 412
precipitous
seeprecipitate
precis

trysummary
extra information
foreign word
further reading
preclude

tryprevent / exclude / leave out / omit
extra information
formal word
example of change
Subsection (2) does not preclude prevent

October 2006
P21
predecease

trydie before
extra information
1 formal word
2 euphemism
further reading
prefer than
usagenever use
tryprefer to / prefer over / recasting / prefer rather than
extra information
example of change
He prefers facts than to rumours.
further reading
Fowlers English Usage p 615 (prefer)
Garners Plain Words p 133
prejudice
seewithout prejudice to the generality of
preliminary to

trybefore
extra information
further reading

October 2006
P22
preparatory

tryintroductory / recasting (using prepare for / make ready)
extra information
legalese
a preparatory school
further reading
prepare

tryset up / make ready / no change
extra information
Prefer the simplest, appropriate alternative.
see alsonot prepared to
prerequisite

trycondition / 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.
further reading

October 2006
P23
prescribe

tryset / 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 alsoexcept as provided in/prescribed by
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 licencesAct, 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 6079 (prescribe or proscribe)
Garners Legal Style p 133 (prescribe; proscribe)
prescribed form

tryapproved form / recasting
extra information
1 Forms should not generally be prescribed in legislation, especially Acts.
2 If possible, use approved form or recast.

October 2006
P24
present
[as an adjective or adverb]
seeas at present advised; at present; at the present day; at the present time; the
present writer
present
[as a verb]

trygive / offer / introduce / no change
extra information
1 formal word
further reading
presently

trynow / 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
preserve

trykeep / no change
extra information
1 formal word for keep
2 Prefer keep if appropriate.
further reading

October 2006
P25
presume

tryassume / 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 623 (assume or presume)
Fowlers English Usage p 74 (assume, presume)
Garners Dictionary pp 84 (assume; presume), 689 (presumption)
Right Words p 39
Working Words p 50
presumptive

trypresumptuous / 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
Garners Dictionary pp 400 (heir), 689

October 2006
P26
previous to

trybefore
extra information
further reading
prima facie

tryat 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)
Brysons Troublesome Words p 15 (a priori, prima facie)
Gowers Plain Words p 207 (a priori)
Howards Guide p 28 (a priori or prima facie)
Howards Handbook p 31 (a priori/prima facie)
Right Words p 35 (a priori or prima facie)
primus inter pares
usagenever use
tryfirst among equals / having precedence but no greater authority
extra information
foreign phrase
further reading

October 2006
P27
principal
[also principally]

trymain / chief / major / predominant / leading / first / recasting (using (most)
important / big / large / great) / principle / no change
extra information
1 vague word
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.
1 principal and interest
2 the agents principal
3 the school principal
4 the companys 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
Cutts p 29
principle
seeprincipal

October 2006
P28
prior

tryearlier / 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 governments prior leave [or A
member who is absent without having obtained the local governments leave ]
2 The trustees must not may exercise a power under subsection (1) without the
prior agreement of the Minister only with the Ministers agreement.
3 An applicant must pay the fee prior to before the application is heard.
further reading
Brysons Troublesome Words p 22 (before, prior to)
Cutts pp 29, 31, 36 (prior to)
Garners Dictionary pp 370 (formal words), 692 (prior; previous), 692 (prior to)
prioritise

tryrank / set priorities / no change
extra information
1 formal word
further reading
Cutts p 29
probability
seein all probability

October 2006
P29
problematic
[also problematical]

tryquestionable / 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
usageavoid using if possible.

tryrecasting (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)
proceed

tryact / 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
Garners Dictionary pp 370 (formal words), 680 (precede. A. and proceed)

October 2006
P30
process

extra information
1 vague, vogue word
further reading
Garners Legal Style pp 32 (vague word as a noun), 34 (vogue word as a verb)
procure

tryobtain / get / cause / bring about / no change
extra information
1 formal word
2 also technical legal term
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
productive of

tryrecasting (using produces)
extra information
verbosity
example of change
Good research is productive of produces good outcomes.
further reading

October 2006
P31
pro forma
usagenever use
tryas a matter of form / for the sake of form / as a gesture / recasting
extra information
foreign phrase
further reading
Cutts p 39
promptly

tryas 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 Js
view in Bowling v Weinert.
proof

tryevidence / 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

October 2006
P32
proper

tryappropriate / suitable / adequate / no change
extra information
1 vague word
2 can be value-loaded word
3 For the use of adequate, see sufficient.
see alsofit and proper; fit and suitable/fitting and proper
proportion

trysome / 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 alsopercentage
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
Working Words p 427

October 2006
P33
proposition

tryplan / project / proposal / offer / no change
extra information
1 formal, blunderbuss word.
My argument is based on the proposition that there is life on Mars.
example of change
a promising commercial proposition proposal
further reading
pro rata

tryproportionately / in proportion
extra information
foreign phrase
further reading
proscribe
tryprohibit / 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 6079 (prescribe or proscribe)
Garners Legal Style p 133 (prescribe; proscribe)

October 2006
P34
prosecute

trycarry on / conduct / no change
extra information
can be formal word for carry on or conduct
The authority may prosecute offences against the Act.
example of change
prosecute carry on its business
protagonist

tryantagonist / 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
further reading
pro tanto

tryin part / to that extent / as far as it goes / so much / recasting
extra information
foreign phrase
further reading

October 2006
P35
pro tem(pore)

tryfor the time being / temporarily / recasting (using interim arrangement /
informal arrangement)
extra information
foreign phrase
further reading
provide
[also provision]

trygive / supply / arrange for / make / is / no change
extra information
Prefer the simplest, appropriate alternative if appropriate.
see alsoas provided by; except as provided in/prescribed by; except as/where
otherwise provided/indicated
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
Partridge p 266

October 2006
P36
provided (that)

tryhowever / 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
Partridge p 266
Right Words p 336
provision
seemake provision for
provisions
seeterms and provisions

October 2006
P37
provisions of

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.
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
prox.
usagenever use
tryrecasting (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.)
Garners Dictionary p 859 (ult.)
Partridge p 367 (ult., prox., inst.)
proximity
seein close proximity

October 2006
P38
punctually

tryrecasting (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

trybuy / acquire / get / obtain / no change
extra information
1 formal word
further reading
Cutts p 30
Fowlers English Usage pp 309 (formal words), 639
Mellinkoffs Dictionary pp 634 (buy/purchase)
Partridge p 275
purchaser

trybuyer / no change
extra information
1 formal word
2 Prefer buyer.
see alsopurchase
further reading

October 2006
P39
purport
[as a noun]

trygist / 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
purpose
seefor the purpose/purposes of
purpose is to

tryomitting
extra information
padding
purposefully
seepurposely

October 2006
P40
purposely

tryintentionally / 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
purposively
seepurposely
pursuance
seein pursuance of

October 2006
P41
pursuant to
usagenever use
tryunder / in accordance with / according to / for
extra information
2 legalese
example of change
an approval given pursuant to under section 10
further reading
Cutts p 30
Garners Dictionary pp 721, 896

October 2006
P42
Q
qua
usagenever use
tryas / 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
quadrate
[as a verb]
usagenever use
tryconform /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
usagenever use
tryamount / share / portion
extra information
foreign phrase

October 2006
Q1
question
[as a noun]

trysubject / topic / issue / problem / matter / dispute / challenge / proposal /
omitting
extra information
vague word
see alsobeg the question; call in question; in question; leading question; no
question that/but that; question of whether/who/what/how etc
further reading
question as to whether / who / what / how etc

seeas to whether/who/what/how etc
question of whether / who / what / how etc
usagenever use
tryomitting of
extra information
1 verbosity
further reading
quite

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)
Fowlers English usage pp 6456

October 2006
Q2
R
rata
seepro rata
rate
seeflat rate
rather

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.
further reading
Garners Dictionary pp 1245 (but rather), 926 (weasel words)
re
usagenever use
tryomitting / 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)
Cutts p 35
October 2006
R3
reaction

tryopinion / 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
read
seeis to be read
real
[also really]

trytrue / genuine / actual / omitting / recasting / no change
extra information
1 Real is often used unnecessarily.
see alsoactually/actual; definitely/definite; realistic
real estate
examples of change
1 real genuine fears
2 real true facts [or facts]
3 the real problem
further reading
Fowlers English Usage p 19 (actually)
Partridge p 280 (real; really, actually and definitely)
Working Words p 463 (real/realistic/really)

October 2006
R4
realistic

tryfrank / feasible / likely / practical / probable / reasonable / sensible /
workable / omitting / no change
extra information
1 vogue, question-begging vague word
examples of change
1 realistic reasonable offer
2 realistic workable solution
3 He spoke in realistic frank terms.
4 An increase in the shopping centres turnover is not realistic likely.
5 a realistic likeness
further reading
Working Words p 463 (real/realistic/really)
reappoint

extra information
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
seeby reason; by reason only; for the reason that; the reason being that; the
reason is because
reasonable

extra information
can be a weasel word
further reading
Garners Dictionary p 926 (weasel wordsreasonable and all reasonable means)
receipt
seein receipt of
October 2006
R5
recognisance

tryundertaking / 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
recognition to
seegive recognition to
reduce to writing
usagenever use
tryput in writing / write down / record in writing
extra information
formal phrase
reduction

trycut / no change
extra information
a reduction cut in interest rates
further reading
Cutts p 30
Working Words p 154 (cut in)
redundant

tryinappropriate / too much / excessive / unnecessary / no change
extra information
Do not use redundant if you mean inappropriate.
further reading

October 2006
R6
refer back to
usagenever use
tryrefer to / mention
extra information
redundancy
further reading
referred to

trymentioned / 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.
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

October 2006
R7
reference

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 alsomake reference to; with reference to
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
Drafting Practice Guide
refrain (from)

tryrecasting (using, eg do not)
extra information
formal word
example of change
Please refrain from smoking do not smoke in this building.
further reading
refurbish

tryrefurnish / 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

October 2006
R8
refurnish
seerefurbish
refuse
[as a verb]

tryfail / 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 alsodecide to grant/refuse
example of change
If the Minister refuses or fails to does not grant a licence,
refute

trycontradict / 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.
example of change
The company refuted denied claims that the release of oil from the tanker was
negligent.
further reading
regard
seeas regards; in regard to; regarded as; regarded as being; regarding; with
regard to

October 2006
R9
regarded as

trytaken to be / no change
extra information
Prefer taken to be if appropriate.
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

tryregarded as
extra information
verbosity
example of change
She is regarded as being the best drafter in the office.
further reading
Strunk and White p 41 (being)
regarding
[as a preposition]

tryabout / in relation to / recasting / no change
extra information
1 formal word
further reading
Cutts pp 30, 31

October 2006
R10
regardless whether
usagenever use
tryregardless of whether
extra information
further reading
regards
seeas regards
regretful
seeregretfully
regretfully

tryrecasting (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 writers 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)
Fowlers English Usage pp 664 (regretful, regrettable), 7023 (sentence adverbs)
Garners Dictionary pp 7489 (regretful; regrettable), 791-2 (sentence adverbs)
Working Words p 468 (regretfully/regrettably)
October 2006
R11
regrettable
seeregretfully
reimburse

tryrepay / pay back / refund / pay / no change
extra information
1 formal word
The employer must reimburse the employee for the employees 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
relating to

tryabout / for / in / of / over / to / with / in relation to / recasting / no change
extra information
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

October 2006
R12
relation
seein relation to; to and/or in relation to
relatively

tryomitting / 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.
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
Working Words p 124
relevant

tryconcerned / 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.
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 members 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

October 2006
R13
relict
usagenever use
trysurviving spouse / spouse / domestic partner
extra information
archaism
example of change
if a pensioner dies leaving a relict spouse
further reading
relieve and discharge
usagenever use
trydischarge / recasting
extra information
doublet
remainder

tryrest / no change
extra information
formal word
further reading
remittance

trypayment / amount / money
extra information
formal word
further reading
Cutts p 30
remove

trytake away / take off / put out / move / no change
extra information
formal word
further reading
Garners Dictionary pp 370 (formal words), 755 (remove; removal)

October 2006
R14
remuneration

trypay / wages / salary / salary and allowances / income / no change
extra information
1 formal word
remuneration package
example of change
An overpayment may be recovered by deduction from a members
remuneration salary.
further reading
Cutts p 30
render

trymake / give / do / send / carry out / perform / show / omitting / no change
extra information
1 formal word
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
repeat again

tryrepeat / no change
extra information
Unless repeat for a second time (ie do a third time) is meant, again is redundant.
further reading

October 2006
R15
repetitious

tryrepetitive / 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
repetitive
seerepetitious
replace
seesubstitute
represent

tryshow / be / act for / stand for / is / no change
extra information
1 formal word
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
represents
[in a formula]
usagenever use
trymeans
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.

October 2006
R16
request

tryask / require / no change
extra information
1 formal word
3 However, request can be treated as the noun form of ask.
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
require

tryask / 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 alsoas the case may be/requires; as the case may require; is/are not required
to; is/are required to
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 pilots 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

October 2006
R17
requirements of

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 alsomeets the requirements of
requisite
seeprerequisite
rescind
[also rescission]

tryrevoke / 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
Garners Dictionary p 761 (rescission; recision; recission; rescision)

October 2006
R18
residence
[also residential]

tryhome / 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.
1 The taxpayers 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
employees place of residence place where the employee lives.
4 The notice may be served on the vehicles 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
Cutts p 30
New Oxford Dicitonary p 1578
Partridge p 286 (reside and live; residence and house)

October 2006
R19
reside

trylive / recasting / no change
extra information
1 formal word
2 To reside is to live permanently or for some time at a particular place.
see alsoplace 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
Partridge p 286 (reside and live; residence and house)
Working Words p 472
residue
seerest, residue and remainder
respect
seein a particular respect; in respect of/to; respecting; to and/or in respect of;
with respect to
respectfully
seeit is (respectfully) suggested that
respecting
[as a preposition]

tryabout / in relation to / recasting
extra information
formal word
further reading
Fowlers English Usage p 671 (respect)

October 2006
R20
respective(ly)

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
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 Offices fire wardens, sector warden and
assistant fire wardens. W is the offices 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)

October 2006
R21
responsibility

tryfunction / 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 alsohas/have a responsibility to
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 ships operation
4 the degree of the repairers responsibility for the accident

examples of change
1 advise on the exercise of the commissioners statutory responsibilities functions
2 have a responsibility to must
further reading
rest, residue and remainder
usagenever use
tryall 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 testators property left after paying debts and giving gifts.
However, the phrase is tautological.
further reading

October 2006
R22
result

tryoutcome / consequence / effect / recasting (using because) / no change
see alsoas a/the result of; with the result that
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

trykeep / engage / employ / recasting (using continue to) / no change
extra information
1 formal word
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
revenue enhancement

trytax increase
extra information
euphemism
further reading

October 2006
R23
revoke

tryrepeal / 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.
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
Garners 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]

trygratifying / satisfying / valuable / no change
extra information
1 overused word
further reading
right, title and interest
usagenever use
tryinterest / recasting
extra information
triplet
further reading

October 2006
R24
S
sadly / sad

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.
further reading
said
[as an adjective]
usagenever use
trythe / this / that / those / recasting (using another pointing word or a
defined term) / omitting
extra information
1 archaism
2 legalese
see alsoaforesaid; it might be said that
example of change
the said car
further reading
Dick pp 1412
Garners Dictionary pp 366 (forbidden words and phrasesA. generally useless words and phrases),
778-9
Partridge pp 293 (said, the), 358 (the said)

October 2006
S1
same
[as a pronoun]

tryhe / 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
Dick pp 1434
Garners Dictionary pp 366 (forbidden words and phrasesA. generally useless words and
phrases), 780
Partridge p 294
sanction
[as a verb]

tryapprove / permit / allow / authorise / recasting (using may) / impose a
penalty / penalise / confirm / no change
extra information
1 formal word that can be ambiguous
example of change
The Minister must sanction approve the transfer.
further reading
Right Words pp 3612
Working Words p 482

October 2006
S2
sans

trywithout
extra information
foreign word
sans serif type
example of change
sans without advertisements
further reading
Working Words p 482
satisfy

trycomply with / complete / fill in / carry out / perform / fulfil / answer /
meet / convince / make certain / no change
extra information
1 vague word
see alsopay, satisfy and discharge
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)

October 2006
S3
save
[as preposition or conjunction]
usagenever use
tryexcept (for) / but / other than / subject to / unless / recasting
extra information
archaism
examples of change
1 save as prescribed by except for
2 All the plaintiffs claims, save except the claims based on contract, have been
accepted.
further reading
Cutts p 30
Hudson p 35 (archaism)
Partridge p 294
save and except
usagenever use
tryexcept / other than / subject to / unless / recasting
extra information
1 doublet
2 archaism
further reading
Garners Dictionary pp 293 (doublets, triplets and synonym-strings), 782
scarcely than
usagenever use
tryscarcely 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)
Fowlers 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)

October 2006
S4
scenario

tryscheme / plan / program / outline / prediction / possible state of affairs / idea /
development / no change
extra information
1 vogue word
further reading
Garners Dictionary p 919 (vogue words)
Garners Legal Style p 34 (worst-case scenario)
sealed
seesigned, sealed and delivered
seasonable

tryseasonal / 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.
1 Hot weather is seasonable in Canberra for January.
2 Grape picking is seasonal work.
further reading
Partridge p 296
seasonal
seeseasonable

October 2006
S5
secondly
usagenever use
trysecond
further reading
Longman English Usage p 280 (firstly)
Working Words p 225
seems

extra information
weasel word
see alsoit seems
further reading
semble

tryit seems / omitting
extra information
legalese
example of change
but, semble, the point may still be arguable.
further reading
senior than
usagenever use
trysenior 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 alsohardly than; scarcely than; superior than
further reading
Cambridge Style Guide p 746 (than)
Fowlers English Usage p 770 (than)

October 2006
S6
sense
seemy sense is that
sensual

trysensuous / 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
Partridge p 299 (sensual, sensuous, sensory)
separate and apart

tryseparate / apart
extra information
doublet
further reading
separate and distinct

tryseparate / distinct
extra information
doublet
further reading
sequential order
usagenever use
tryin order / in sequence / sequentially / recasting
extra information
redundancy
example of change
The books were arranged in sequential order by accession date.
further reading
October 2006
S7
seriatim
usagenever use
tryin 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
Partridge p 299
servant

tryemployee / no change
extra information
1 Dated word with negative overtones in some contexts.
public servant
example of change
servant employee or agent
further reading
Garners Dictionary pp 312 (employer and employee; master and servant), 550 (master)
Longman English Usage pp 6745 (staff)
service
[as a verb]

tryserve / satisfy / no change
extra information
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
Partridge p 299

October 2006
S8
serviceable

tryuseful / durable / wearing well / in working order / working (well) / no change
extra information
example of change
The operator must ensure that the aircrafts emergency systems are serviceable in
working order.
servitude

tryrecasting (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
Mellinkoffs Dictionary pp 1869 (easement/servitude)
set out

trystate / include / mention / required by / specify / explain / arrange /
omitting / recasting / no change
extra information
2 For the use of state, mention and set out, see state.
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 corporations 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

October 2006
S9
several

tryseparate / different / respective / individual / various / some / omitting / no
change
extra information
1 legalese
2 becoming archaism in many contexts
4 By contrast with a few, several (for a number) cannot be qualified with quite or
only.
see alsojointly and severally
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 2756 (few or a few)
Right Words p 367
shall
usagenever use (in legislation)

avoid using if possible (elsewhere)
trymust / 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 6878 (shall or will)
Cutts pp 30, 36-7
Fowlers English Usage pp 7067 (shall and will)
Garners Dictionary pp 8301 (statute drafting), 93942 (words of authority)
Garners Legal Style p 139 (shall; will)
Gowers Plain Words pp 1412 (shall and will)
Longman English Usage p 646 (shall, will)
Partridge pp 3002 (shall and will)

October 2006
S10
she

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 3313 (he and/or she)
Corporations Law Simplification Task Force paper on singular use of they
Fowlers English Usage p 358 (he or she)
Gowers Plain Words pp 11819 (they for he or she)
New Oxford Dictionary pp 844-5 (he), 1711
Working Words pp 184 (discriminatory language), 245 (he/she)

October 2006
S11
short supply
seein short supply
should

trymust / 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.
The committee must make recommendations to the chief executive about the
sanctions the chief executive should consider.
further reading
Cambridge Style Guide pp 6913 (should or would)
Cutts p 37
Fowlers English Usage p 711 (should and would)
Garners Dictionary pp 805, 942 (words of authority)
Longman English Usage p 649 (should, would)
Partridge pp 3978 (would and should)
Right Words p 370 (should/would)
Working Words p 491 (should/would)

October 2006
S12
show cause

tryrecasting (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.
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)
Garners Dictionary pp 805-6
New Oxford Dictionary p 1724 (show)
sibling

trybrother(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

October 2006
S13
[sic]

tryrecasting
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
Cutts p 39
Partridge p 302
Right Words p 370
Working Words p 492
signed, sealed and delivered

tryrecasting
extra information
1 triplet
2 Signed, sealed and delivered does not have a completely clear legal meaning.
further reading

October 2006
S14
significant

tryimportant / 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
simple / simply

extra information
1 The use of simple or simply can be depreciative or dogmatic.
1 fee simple
2 simple interest
example of change
The existence of native title is simply not relevant in this case.
further reading
simpliciter
usagenever use
trysimply / taken alone / taken by itself / summarily / unconditionally /
absolutely / on its own
extra information
foreign word
further reading
phrases), 809

October 2006
S15
simplistic

trysimple / 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)
Hudson p 305 (ploddery (simplistic for simple))
Partridge p 305
sine die
usagenever use
tryindefinitely / without fixing a day
extra information
foreign phrase
example of change
The court adjourned the hearing sine die indefinitely.
further reading
Cutts p 39
Partridge p 306
Working Words p 493
sine qua non
usagenever use
tryrecasting (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
Partridge p 306
Working Words p 493

October 2006
S16
singular
seeall and singular
situate
usagenever use
trysituated / 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
Partridge p 306
situation

trylocation / position / condition / plight / state of affairs / omitting / recasting
(using more precise words) / no change
extra information
1 vague, vogue word
examples of change
1 The situation location of the photocopier is unsuitable.
2 The parties are in a conflict situation.
further reading
Partridge pp 4 (abstract nounssituation), 369 (vogue words)
Right Words p 372

October 2006
S17
so

tryas / 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 alsoas/so far as is/are concerned; as/so long as; at least as/so far as is/are
concerned; in so much as
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 employees 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
Partridge p 312
sole and exclusive
usagenever use
tryexclusive / only / recasting
extra information
doublet
further reading

October 2006
S18
some
seein some instances; somewhat
somewhat

extra information
1 hedge word (diminisher)weasel word
2 vague word
further reading
Garners Dictionary pp 817, 926 (weasel words)
soon
seeas soon as is possible/practicable; as soon as possible; as soon as
practicable; as soon as reasonably possible/practicable
sort of

tryomitting / 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)
Fowlers English Usage p 728 (sort)
Garners Legal Style p 123 (kind of; sort of)
Gowers Plain Words p 134 (these kinds of things)
Longman English Usage p 398 (kind, sort)

October 2006
S19
southerly (direction) / southwardly / southward(s)

seeeasterly (direction)/eastwardly/eastwards
spearhead
[as a verb]

tryhead / lead / direct
extra information
vogue word
example of change
She was appointed to spearhead head our quality program.
further reading
specific

tryparticular / 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

October 2006
S20
specify

trymention / state / name / nominate / set out / omitting / recasting / no
change
extra information
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

tryrange / no change
extra information
vogue word
the radio-frequency spectrum
example of change
a spectrum range of views
further reading

October 2006
S21
standpoint

extra information
1 vogue word
2 Standpoint (like angle, point of view and viewpoint) can be useful if
of precise thought, and provides a clumsy way of saying something that could be
said more simply and effectively.
further reading
Fowlers English Usage p 604 (point of view)
Longman English Usage p 546 (point of view, standpoint, viewpoint)
Partridge p 330
start

trybegin / commence / no change
extra information
For the use of begin and start, see commence.
state
[as a verb]

trymention / 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
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.

October 2006
S22
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 alsodescribed; referred to; listed
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 corporations 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
Partridge p 331 (state and say)
statement
seemake a statement
State of

example of change
the State of New South Wales
October 2006
S23
state-of-the-art

extra information
vogue word
further reading
steps
seetake steps to
stipulate

tryset / 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
stop
seecease

October 2006
S24
strangely / strange

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.
further reading
structure
[as a verb]

tryorganise / set up / prepare / form / no change
extra information
formal word
subject of

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

October 2006
S25
subject to

trywith / 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 alsounder and subject to
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
Garners Dictionary p 840 (subject to the provisions of this Act)
Piesse pp 8991

October 2006
S26
submit

tryrefer / send / give / state / subject / say / put / make / no change
extra information
1 formal word
see alsowould argue/contend/submit
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 doctors report before the
hearing.
further reading
subscribe

trysign / recasting (using agree (with) / think / consent (to) / approve (of)) / no
change
extra information
1 formal word
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
subsequent to

tryafter
extra information
2 officialese
further reading
Partridge p 338
October 2006
S27
subsequently

tryafter / afterwards / later / then / following / consequently / no change
extra information
1 formal word
example of change
If the corporation subsequently later establishes a superannuation scheme,
further reading
Working words p 131 (consequent/consequential/subsequent)
subsist

tryexist / live / recasting / omitting / no change
extra information
1 formal word
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
substantial
[also substantially]

tryconsiderable / big / large / omitting / recasting (using more precise words) /
no change
extra information
1 vague word
2 can be a weasel word
1 substantial performance
2 Strict compliance with an approved form is not necessary and substantial
compliance is sufficient.
further reading
Garners Dictionary p 926 (substantially in weasel words)
Longman English Usage p 686 (substantial, substantive)
Partridge p 338 (substantial and substantive)

October 2006
S28
substitute

tryreplace / 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 6545 (replace or substitute)
Partridge p 284 (replace; substitute)
subtenancy

trysublease / no change
extra information
formal word
further reading
Garners Dictionary pp 844 (sublease etc), 848
succeeding
[as a preposition]
usagenever use
tryafter / next / following / recasting
extra information
formal word
example of change
the day next / immediately succeeding after
further reading
Partridge p 338 (succeed and follow)
successor

October 2006
S29
such

trythe / 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
2 Do not use the such as form if it is not necessary(see examples 24, examples
of change).
3 Such that/which/who should not be used for such as.
see alsoas 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 instruments structure made it difficult to read.]
further reading
Cambridge Style Guide pp 7256 (such and such as)
Dick pp 13741
Dickerson p 131
Partridge pp 338-9

October 2006
S30
suffer

trypermit / allow / have / recasting (using, eg may) / no change
extra information
1 formal word
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
suffice
usagenever use
trydo / 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

October 2006
S31
sufficient
[also sufficiently]

tryenough / 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 alsogood and sufficient
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
Fowlers English Usage pp 2512 (enough, sufficiently)
Garners Dictionary pp 23 (adequate; sufficient), 850 (sufficient number of)
Garners Legal Style p 184 (sufficient number of)
Longman English Usage p 245 (enough, sufficient)
Partridge pp 3301 (sufficient and enough)
Use the Right Word p 9
suggested
seeit is (respectfully) suggested that

October 2006
S32
sui generis
usagenever use
tryunique / one of a kind
extra information
foreign phrase
further reading
sui juris
usagenever use
tryof full legal capacity
extra information
foreign phrase
further reading
suitable
seefit and suitable/fitting and proper
sum

tryquantity / amount / total / no change
extra information
the sum of human experience
example of change
the sum total of the amounts

October 2006
S33
summon
[as a verb]

trysend for / call (eg for / together / into action) / no change
extra information
1 formal word
further reading
superior than
usagenever use
trysuperior 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 alsohardly than; scarcely than; senior than
further reading
Cambridge Style Guide p 746 (than)
Fowlers English Usage pp 753 (superior), 770
Partridge pp 71 (false comparatives), 154 (inferior (or superior) than)
supersede

tryreplace / set aside
extra information
formal word
example of change
until it is superseded replaced
further reading

October 2006
S34
supplementary

tryadditional / extra / more / no change
extra information
1 formal word
examples of change
1 supplementary additional benefit
2 The instructions are supplementary additional to
further reading
supply
seein short supply
support
seein support of
sure
seemake sure

October 2006
S35
sustain

trybear / 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.
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 applicants 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
Partridge p 339
syndrome

trydisease / 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

October 2006
S36
T
take a decision
usagenever use
trydecide
extra information
verbosity
take exception to

tryobject to / disagree with / no change
extra information
verbosity
further reading
taken
seeis to be taken
take steps to

tryomitting / recasting (using more direct words) / no change
extra information
1 verbosity
2 Prefer a more direct alternative if appropriate.
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
tanto
seepro tanto

October 2006
T1
target

trygoal / 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
telephonic

trytelephone / recasting/ no change
extra information
needless, more formal variant for telephone
example of change
telephonic telephone warrant
further reading
tenancy

trylease / term / no change
extra information
formal word with a number of legal meanings in land law.
1 The owner cannot terminate the occupiers tenancy.
2 joint tenancy
further reading
tenement

tryinterest (in land) / estate (in land) / house / building
extra information
formal word without a fixed legal meaning
further reading

October 2006
T2
term
seethe term; the term includes/also includes
terminate

tryend / finish / stop / cancel / dismiss / no change
extra information
1 formal word
examples of change
1 terminate end an agreement
2 terminate end the chairs appointment
further reading
Cutts pp 30, 31
Mellinkoffs Dictionary pp 656 (cancel/terminate)
terms and conditions
usagenever use
tryterms / conditions
extra information
doublet
see alsoin 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

October 2006
T3
terms and provisions
usagenever use
tryterms / provisions
extra information
doublet
further reading
Territory

tryrecasting / omitting/ no change
extra information
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

trywill / no change
extra information
1 formal word
2 Prefer will.
3 Do not use the doublet will and testament.
see alsolast will and testament
further reading
Law Words 1995 pp 479 (last will and testament)

October 2006
T4
than

tryas / other than / recasting/ no change
extra information
Do not use than as a substitute for as or other than.
see alsodifferent 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
Partridge p 347
Working Words p 517
thankfully

tryrecasting 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
Fowlers English Usage pp 7701, 7023 (sentence adverb)
Garners Dictionary pp 7912 (sentence adverbs), 876
Longman English Usage pp 640-1 (sentence adverbs), 703
Working Words p 517

October 2006
T5
than me / him / her / us / them

trythan 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
Partridge pp 3478
Working Words p 517
than what
usagenever use
trythan / recasting
extra information
example of change
She worked harder than what I did.
further reading
Cambridge Style Guide pp 7456 (than)
Garners Dictionary p 875 (than)
Partridge p 348
Right Words p 394
Working Words p 517 (than)

October 2006
T6
that

trythe / 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 alsothere
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 alsothe fact that; who or that

October 2006
T7
that [continued]
1 The authorised officer must warn the person that it is an offence to fail to state
the persons 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
Cwlth OPC Plain English pp 13, 23
Cwlth Style Manual p 75
Fowlers English Usage (2nd ed) pp 62230 (tentative list of verbs that prefer that
expressed/omitted/used or not according to context on p 624)
Garners Dictionary pp 564 (miscues), 8767 (discussion of usage: wrongly suppressed and
unnecessarily repeated)
Longman English Grammar p 14 (useful discussion on the use of that)
Partridge p 348
Right Words pp 3945
the course of
seeduring the course of; in the course of
the effect that

seeto the effect that

October 2006
T8
the equivalent to
seeequivalent
the expression
[in definitional sense]

tryomitting
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

tryomitting / 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 alsoowing 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)
Fowlers English Usage p 233 (due to the fact that)
Garners Dictionary pp 347 (fact that, the), 876 (that (D))
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
seewithout limiting the generality of; without prejudice to the generality of

October 2006
T9
the greatest number of
usagenever use
trymost / recasting
extra information
1 verbosity
example of change
The candidate with the greatest number of most votes is elected.
theme

trysubject / recasting (using more precise words) / no change
extra information
1 vague, vogue word
further reading
thence
usagenever use
tryfrom that place / from there / from that source / recasting / from that direction
/ for that reason / therefore
extra information
archaism
further reading
Partridge p 121 (from hence)
Right Words p 399
Working Words p 519
thenceforth / thenceforward
usagenever use
tryfrom that time on(wards) / since then / from then / omitting / recasting
extra information
archaism
further reading
Partridge pp 35 (archaisms), 349
Working Words p 519

October 2006
T10
the option of
seehas/have the option of
theoretically / theoretical

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
Garners Dictionary pp 7912 (sentence adverbs), 878 (theoretic(al)(ly))
the present writer

tryI / we / my client / our client / omitting / recasting
extra information
often circumlocution for the first person
further reading
Garners Dictionary pp 360 (first person (A)), 688 (present)
Partridge p 388
thereabout(s)

tryabout then / about there / recasting
extra information
appears to be becoming an archaism
further reading
Partridge p 349
Working Words p 519 (there)

October 2006
T11
thereafter
usagenever use
tryafterwards / after [X] / then / omitting
extra information
formal word, becoming an archaism
example of change
If an authorised person asks a person to state the persons name and address, the
authorised person must record the reasons for doing so as soon as possible
thereafter afterwards.
further reading
Cutts p 30
Garners Dictionary p 401 (here and there words)
the reason
seefor the reason that; the reason being that; the reason is because
the reason being that
usagenever use
trybecause
extra information
verbosity
further reading
the reason is because
usagenever use
tryrecasting (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
Garners Dictionary p 737 (reason is because)
Howards 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)

October 2006
T12
thereat
usagenever use
tryrecasting (using, eg at it / there)
extra information
archaism
further reading
Garners Dictionary pp 401 (here and there words), 878
thereby
usagenever use
tryby [X] / by way of [X] / recasting
extra information
formal word, becoming an archaism
further reading
Fowlers English Usage p 777 (thereabout(s))
therefor
usagenever use
tryfor [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
Garners Dictionary pp 8789 (therefore, therefor)
Partridge p 349
therefrom
usagenever use
tryfrom [X] / recasting
extra information
archaism
further reading
Fowlers English Usage p 778 (thereat)
October 2006
T13
therein
usagenever use
tryin [X] / recasting
extra information
archaism
further reading
thereinto
usagenever use
tryin [X] / recasting
extra information
archaism
further reading
there is / are / was / were / will be

trythere 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 alsothat
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 74950 (there)
Working Words p 520

October 2006
T14
thereof
usagenever use
tryof [X] / from / out of / recasting
extra information
archaism
further reading
thereon
usagenever use
tryon / then / recasting
extra information
archaism
further reading
thereout
usagenever use
tryout of [X] / from [X] / recasting
extra information
archaism
further reading
thereto / theretofore
usagenever use
tryto [X] / recasting
extra information
archaism
further reading
Garners Dictionary pp 401 (here and there words), 404 (hitherto; thitherto), 880
Gowers Plain Words p 18 (thereto)
October 2006
T15
thereunder
usagenever use
tryunder [X] / recasting
extra information
archaism
further reading
thereunto
usagenever use
tryrecasting
extra information
archaism
further reading
Garners Dictionary pp 401 (here and there words), 880 (thereunto appertaining)
thereupon
usagenever use
tryat that instant / recasting
extra information
formal word, becoming an archaism.
further reading
Fowlers English Usage p 777 (thereabouts)
therewith
usagenever use
trywith [X] / recasting
extra information
archaism
further reading

October 2006
T16
these

trythe / 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 alsokind; sort of (for these kinds/sorts of)
In these rules:
further reading
Garners Dictionary pp 25960 (deictic terms), 880 (these kind of; these type of; these sort of)
the term
[in definitional sense]

tryomitting
extra information
1 redundancy
2 formal phrase
the term includes / also includes
usagenever use
tryand includes
extra information
1 redundancy
2 formal phrase
the terms of

tryomitting/ 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 persons appointment to live on the land.

October 2006
T17
the time when

seetime
they

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

tryrecasting / 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 alsoany act/matter/thing
example of change
a thing something complying with the ADR
further reading
think

tryconsider / 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 alsoinclined to think
example of change
Do what you think fit consider appropriate.
further reading
Partridge p 350

October 2006
T18
this
[as an adjective]
seein this instance
this
[as a pronoun]

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.
1 This section applies if
2 This part provides for
further reading
Garners Dictionary pp 62 (antecedents, false), 25960 (deictic terms)
this office / department etc

tryrecasting (using more personal language, eg I / me / we / us) / no change
extra information
starchy language
further reading
this writer

tryI / we / my client / our client / omitting / recasting
extra information
often circumlocution for the first person
further reading
Garners Dictionary p 360 (first person)

October 2006
T19
thither
usagenever use
trythere / to that place / to there / in that direction / recasting
extra information
archaism
further reading
Fowlers English Usage p 362 (hither)
Right Words p 400
those

trythe / 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 alsokind; sort of (for those kinds/sorts of)
example of change
The container is not suitable for those the dangerous goods.
further reading
Garners Dictionary pp 25960 (deictic terms), 880 (these kind of; these type of; these sort of)
thrice
usagenever use
try3 times
extra information
archaism
further reading

October 2006
T20
thus

tryso / therefore / for example / in this way / as follows / no change
extra information
further reading
thusly
usagenever use
trythus / so / therefore / for example
extra information
Americanism
further reading
Garners Dictionary pp 8812 (thus)
Working Words p 521 (thus)
till

tryuntil
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
Partridge p 350
Right Words p 401
Working Words p 521

October 2006
T21
time

tryrecasting (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 alsoat 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
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

tryrecasting (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)
timely
seein a timely manner/way
times
seeat all times
October 2006
T22
times more than / greater than
usagenever use
tryrecasting (using, eg times)
extra information
redundancy
example of change
The monthly output was 3,000 widgetsmore than 3 times greater than in the
previous month last months output.
further reading
title
seeright, title and interest
to
seeas to; compare to/with; different to/than
to and including

trynot 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.
see alsofrom and including
further reading
to and / or in relation to
usagenever use
tryto / 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).

October 2006
T23
to and / or in respect of
usagenever use
tryabout / 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
usagenever use
tryso far
further reading
together

extra information
Together is redundant with words like assemble, connect, consolidate, cooperate,
gather, join, link and merge.
further reading
Working Words p 525
too

tryalso / 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
Partridge p 353

October 2006
T24
total
[also totally]

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
Working Words p 526
to the effect that

tryso that
extra information
verbosity
further reading
to the extent that

tryif / when / as far as / so far as / so that / no change
extra information
1 verbosity
examples of change
1 If the vehicle has been modified to the extent that so that the manufacturers
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
toto
seein toto

October 2006
T25
touching
[as a preposition]
usagenever use
tryfor / about / in relation to
extra information
archaism
further reading
toward / towards
[as a preposition]

tryif / 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.
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
Brysons Troublesome Words p 202 (towards, toward)
Garners Dictionary pp 886, 924 (-ward(s))
Howards Guide p 391
Right Words p 404
Working Words p 527

October 2006
T26
to which this [provision] applies

tryomitting
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
to wit
usagenever use
tryomitting / recasting / for example / that is
extra information
archaism
further reading
transfer and assign
usagenever use
trytransfer / give / sell / recasting (using more precise words)
extra information
doublet
further reading
transmit

trysend / give / no change
extra information
1 formal word
example of change
The registrar must transmit send a copy of the notice to each party.
further reading
Partridge p 354

October 2006
T27
transpire

trybecome 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
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
Working Words p 528
transportation

trytransport / 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
Right Words p 405
trauma / traumatic

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
Right Words p 406

October 2006
T28
true and correct
usagenever use
trycorrect / accurate / true
extra information
doublet
further reading
Garners Dictionary p 294 (doublets, triplets and synonym-strings)
try
seeattempt
try and
usagenever use
trytry to
extra information
Try and is non-standard English.
further reading
Partridge p 356
Right Words p 407
Working Words p 530
turbid
seeturgid
turgid

tryturbid / 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
Garners Dictionary p 893 (turbid; turgid; torpid)
Right Words p 407
Working Words p 531

October 2006
T29
two

try2 / 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
type

tryomitting / 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.
3 Avoid using type as an omnibus word. See kind for extra information.
further reading
Garners Dictionary p 894 (type of)
Partridge p 357
type and kind
usagenever use
tryomitting / kind / type
extra information
1 doublet
further reading

October 2006
T30
U
uberrima fidei

tryof the utmost good faith / recasting (adding an explanation of the phrase)
extra information
foreign phrase
further reading
ult.
usagenever use
tryrecasting (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
Fowlers English Usage p 802 (ultimo)
Partridge p 357
ultimate

tryfinal / decisive / best / most advanced / successful / last / no change
extra information
vogue word
see alsoin the final / last / ultimate analysis
further reading
Garners Dictionary p 895 (ultimate destination)
Partridge p 72 (comparatives, false)
Working Words p 535

October 2006
U1
ultimately

tryat last / in the end / finally / eventually / no change
extra information
example of change
He ultimately finished the task in the end. [or eventually]
further reading
ultra vires

trybeyond power / unauthorised / invalid / no change
extra information
foreign phrase
further reading
un
seenot un/in
unable to
seeis/are unable to
unbeknown / unbeknownst
usagenever use
tryunknown
extra information
1 Unbeknownst is an archaism. Unbeknown is becoming an archaism.
2 colloquialisms
further reading
Garners Dictionary pp 8956, 901 (unknown)
Partridge p 358

October 2006
U2
uncontroverted and uncontradicted
usagenever use
trynot disputed / not denied / not opposed
extra information
doublet
further reading
undeniably / undeniable

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.
further reading
under
seebelow; by and/or under
under and subject to
usagenever use
tryunder / recasting
extra information
doublet
under that name

extra information
can be a redundancy
example of change
XYZ, a the corporation incorporated under that name in the Netherlands,

October 2006
U3
under the hand of
usagenever use
trysigned by
extra information
archaism
underlay

tryunderlie / no change
extra information
Underlay and underlie are sometimes confused. Underlay means to put underneath.
Underlie means lying underneath.
see alsooverlay
further reading
Fowlers English Usage pp 5634 (overlay, overlie), 806
Gowers Plain Words p 240 (lay, lie)
Partridge pp 35960
Working Words p 537
underlie
seeunderlay
undermentioned
usagenever use
trythe [item mentioned later / on the next page / on page x] / omitting /
recasting
extra information
archaism
further reading
Garners Dictionary p 103 (below-mentioned; under-mentioned)
underneath
seebelow

October 2006
U4
undersigned
usagenever use
tryI / we
extra information
commercialese
further reading
Garners Dictionary p 360 (first person), 897
Partridge p 360
understood and agreed
usagenever use
tryrecasting (using agreed) / omitting
extra information
doublet
further reading
undertake
[also undertaking]

trycarry 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.
1 The defendants 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)
October 2006
U5
undertake and agree
usagenever use
tryagree
extra information
doublet
further reading
undoubtedly / undoubted

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.
further reading
Garners Dictionary pp 161 (clearly), 632 (overstatement), 7912 (sentence adverbs), 926 (weasel
words)
unduly
[also undue]

tryomitting / 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

October 2006
U6
unequal for
usagenever use
tryunequal to
extra information
example of change
The photocopier was unequal for to the task.
further reading
unequivocal
[also unequivocally]

tryclear / plain / unambiguous / no change
extra information
1 formal word
further reading
Garners Dictionary p 899 (unequivocal; unequivocable)
Working Words p 538
unexceptionable

tryentirely 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.
4 Unexceptionable and unexceptional can have similar meanings, but are
frequently confused.
see alsounexceptional
further reading
Fowlers English Usage pp 273 (exceptionable, exceptional etc), 807
Garners Dictionary p 335 (exceptionable; exceptional)
Right Words pp 40910
Working Words p 214 (exceptionable/exceptional)

October 2006
U7
unexceptional
[also unexceptionally]

trynot 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.
4 Unexceptional and unexceptionable can have similar meanings, but are
frequently confused.
see alsounexceptionable
further reading
Fowlers English Usage pp 273 (exceptionable, exceptional etc), 807
Garners Dictionary p 335 (exceptionable; exceptional)
Working Words p 214 (exceptionable/exceptional)
uninterested
seedisinterested
unique

tryunusual / 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
Garners Dictionary pp 245 (adjectives (B)), 900
Partridge pp 72 (comparatives, false), 361
Right Words pp 4101
Working Words p 538

October 2006
U8
unlawfully
[also unlawful]

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
unless
[in must not unless]

trymay 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

tryunless / when / if / until / recasting
extra information
doublet
see alsoas and when; if and when
further reading
Cutts p 37

October 2006
U9
unless the contrary intention appears

tryomitting / 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
Garners Dictionary p 601 (notwithstanding anything to the contrary contained herein)
unnatural

extra information
1 value-loaded word
further reading
unquestionably / unquestionable

trypreferably / 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.
further reading
Partridge p 361

October 2006
U10
unreadable

tryillegible / 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
Fowlers English Usage p 378 (illegible, unreadable)
Garners Dictionary p 416 (illegible; unreadable)
Partridge p 361
Working Words p 269
unrealistic
seerealistic
unserviceable

trydefective / not useful / incapable of being used / unfit / unsuitable / not in
working order / no change
extra information
vague word
until
seetill; unless and until
until such time as

tryuntil / 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
Partridge p 362
Working Words p 521 (till/until)
October 2006
U11
unto
usagenever use
tryto / omitting / recasting
extra information
archaism
further reading
up till / until

tryuntil / 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

tryon / 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 alsoupon / on the expiration; upon / on the occurrence / happening of
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
Partridge p 362
Working Words p 376 (on/upon)

October 2006
U12
upon / on the expiration
usagenever use
tryat the end
extra information
formal phrase
upon / on the occurrence / happening of
usagenever use
trywhen [X] happens
extra information
starchy or formal phrase
usage

tryuse / 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.
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
Working Words p 540

October 2006
U13
utilise

tryuse / 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
Cutts pp 30, 31
Garners Dictionary pp 370 (formal words), 905 (use; utilization), 906
Partridge p 362
Right Words p 414
Working Words p 543
utterly
[also utter]

trycompletely / omitting / recasting / no change
extra information
Utterly can be used as depreciative, dogmatic word.
further reading

October 2006
U14
V
valid
[in non-legal sense]

trysound / 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
validate
[in non-legal sense]

tryconfirm / no change
extra information
vague word
example of change
validate confirm a hypothesis
further reading
various different

tryvarious / several different
extra information
can be a redundancy
further reading
Working Words p 545

October 2006
V1
vary

trychange / 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 navigations character
4 The Minister may vary amend the order.
5 The authority may vary amend an exemption.
further reading
Garners Dictionary pp 9078 (variance; at variance; variation; variant)
venal

trycorrupt / dishonest / venial / no change
extra information
1 formal word
3 Venal and venial are sometimes confused. Venal means able to be bribed or
influenced by bribery. Venial means excusable or pardonable.
further reading
Partridge p 363
Working Words p 546
vendee

trybuyer / purchaser
extra information
1 formal word
2 Prefer buyer if appropriate.
further reading

October 2006
V2
vendor

tryseller / no change
extra information
1 formal word
2 Prefer seller if appropriate.
further reading
venial

tryexcusable / pardonable / slight / trivial / venal / no change
extra information
1 formal word
3 For the use of venal and venial, see venal.
veracity

trytruthfulness / accuracy / correctness / no change
extra information
1 formal word
further reading
Garners Dictionary pp 813 (slipshod extension), 910
Partridge p 363
verbal
[also verbally]

tryoral / no change
extra information
For the use of oral and verbal, see oral.

October 2006
V3
verbatim

tryexact / literal / word for word / accurate / no change
extra information
1 formal word
further reading
Garners Dictionary p 912 (verbatim; ipissima verba; literatim)
verbose

trywordy / no change
extra information
formal word
further reading
Cambridge Style Guide p 789 (verbiage and verbosity)
Partridge p 364 (verbiage and verbosity)
verify

tryconfirm / 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
verily
usagenever use
tryomitting
extra information
archaism
example of change
I verily believe
further reading

October 2006
V4
veritable

tryreal / genuine / true / omitting
extra information
formal word
example of change
a veritable genuine belief
very

tryomitting / 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).
very tired
examples of change
1 very evident
2 very much liked
3 I am very reluctant
further reading
Partridge p 365
Working Words p 548
very approximate
seeapproximately

October 2006
V5
via

tryby 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
Partridge p 365
Working Words p 548
viable

trydurable / effective / feasible / lasting / practicable / profitable / promising
/ successful / useable / workable / recasting (using more precise words) / no change
extra information
1 vague, vogue word
3 Viable originally meant capable of independent existence or survival. It is best
reserved for cases where its original meaning is appropriate.
further reading
Garners Dictionary pp 813 (slipshod extension), 915, 919 (vogue words)
Right Words p 418
Working Words p 548
vicinity
seein the vicinity of
view
seein view of; point of view; with a view to

October 2006
V6
viewpoint

tryrecasting
extra information
1 vogue word
2 Viewpoint (like angle, point of view and standpoint) can be useful if
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
Fowlers English Usage p 604 (point of view)
Partridge p 321 (standpoint etc)
vires

trypower / authority
extra information
foreign word
see alsoultra vires
further reading
virtually
[also virtual]

extra information
1 hedge word (diminisher)weasel word
2 vague word
further reading
Garners Dictionary pp 917, 926 (weasel words)
Right Words p 419

October 2006
V7
virtue
seeby virtue of
vis--vis

tryface 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
Working Words p 549
visit with
usagenever use
tryvisit / afflict (with)
extra information
1 phrasal verb
2 Use the simple verb.
see alsoconsult 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
Fowlers English Usage pp 5945 (phrasal verbs), 828
New Oxford Dictionary p 2066 (visit)
vitiate

tryinvalidate / weaken / impair / lessen / reduce / contaminate / corrupt / cure /
correct / no change
extra information
1 formal word
further reading
Garners Dictionary pp 813 (slipshod extension), 918
Right Words p 420

October 2006
V8
viva voce
usagenever use
tryorally / spoken / oral examination
extra information
foreign phrase
further reading
vivos
seeinter vivos
viz
usagenever use
trynamely / that is to say / recasting (using the following) / omitting
extra information
abbreviation of foreign word (videlicet)
further reading
Cutts p 39
Working Words p 550
void

tryvoidable / 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 alsoab initio; void and of no effect
further reading
void ab initio
seeab initio
October 2006
V9
void and unenforceable

seevoid and of no effect
void and of no effect
usagenever use
tryvoid / of no (legal) effect / has no (legal) effect / invalid
extra information
doublet
further reading
voidable
seevoid
voluntary
[also voluntarily]

tryby choice / unpaid / intentional / spontaneous / willing / no change
extra information
vague word
further reading

October 2006
V10
W
want

trylack / need / require / wish / would like to have / no change
extra information
1 can be vague word
2 can be formal word
examples of change
1 Their wants needs were minimal.
2 want lack of resources
further reading
Partridge p 372
warrant
[as a verb]

tryauthorise / permit / allow / justify / guarantee / assure / no change
extra information
1 formal word
further reading
Partridge pp 3723
wastage
seewaste

October 2006
W1
waste

trydestroy / 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.
1 a waste of time
2 go to waste
3 waste disposal
4 wasteland
5 Plants produce oxygen as a waste product.
6 We cant 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)
Fowlers English Usage p 833 (wastage)
Garners Dictionary p 925 (wastage)
Gowers Plain Words p 268 (wastage)
Howards Guide p 407 (wastage or waste)
Howards 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
seeby way of; in a manner/way; in a timely manner/way

October 2006
W2
westerly (direction) / westwardly / westward(s)

seeeasterly (direction) / eastwardly / eastwards
what

trywhich / 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 alsoas 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
Gowers Plain Words pp 11920 (singular or plural verb)
Partridge p 374
Working Words p 558
whatever

tryhowever / 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 alsohowever; whenever; whichever; whoever / whomever
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 2589 (ever or ever)
Dick p 149

October 2006
W3
whatsoever
usagenever use
tryof 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
Garners Dictionary pp 366 (forbidden words and phrasesA. generally useless words and phrases),
928
when

trywhere / 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.
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 alsoas and when; at the time that/when; if and when; on each occasion when
further reading
Garners Dictionary p 928 (when (A))
Partridge p 375
Working Words p 558
when and as
usagenever use
trywhen / whenever / as and when / as / recasting
extra information
1 doublet
further reading
Fowlers English Usage p 70 (as and when)
Garners Dictionary pp 789 (as and when)

October 2006
W4
whence
usagenever use
tryfrom where / from which place / from that direction
extra information
archaism
further reading
Cambridge Style Guide pp 338 (hence), 805
Garners Dictionary pp 376 (from hence; from thence), 878 (thence; whence; hence), 928
Partridge p 375
Right Words p 426
Working Words p 558
whenever

trywhen / 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 provisions recurring application.
2 For the use of when and if, see where.
see alsohowever; whatever; wherever; whichever; whoever/whomever
further reading
whensoever
usagenever use
trywhen / whenever / omitting
extra information
archaism
further reading
Cutts p 30

October 2006
W5
where

tryif / 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 alsoand (and where); except as / where otherwise provided / indicated
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 201
Howards Handbook pp 34-5 (as and when/if and when)
Partridge p 287 (see where)
whereabout
usagenever use
tryabout that / about which / whereabouts / recasting
extra information
archaism
further reading
Fowlers English Usage p 843 (where compounds)

October 2006
W6
whereas

tryconsidering / 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 Assemblys 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 8056 (where)
Cutts p 30
Garners Dictionary pp 929, 931 (while)
whereat
usagenever use
tryat which / recasting
extra information
archaism
further reading
whereby

tryunder which / by which / under what / from which / according to which /
recasting
extra information
1 formal word
2 possibly archaism
further reading
October 2006
W7
wherever

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 alsohowever; whatever; whenever; whichever; whoever / whomever
further reading
Cambridge Style Guide pp 2589 (ever or ever), 8056 (where)
wherever occurring

extra information
1 formal phrase
2 legalese
wherefor(e)
usagenever use
tryfor that / for which / why / for what purpose / therefore / recasting
extra information
archaism
further reading
wherefrom
usagenever use
tryfrom that / from which / recasting
extra information
archaism
further reading

October 2006
W8
wherein
usagenever use
tryin which / where / recasting
extra information
archaism
further reading
whereof
usagenever use
tryof which / recasting
extra information
archaism
further reading
whereon
usagenever use
tryon which / where / on what / recasting
extra information
archaism
further reading

October 2006
W9
wheresoever
usagenever use
trywherever / 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
Dick p 149
phrases), 930
where / if the context permits / allows
usagenever use
tryomitting / recasting (using eg unless the contrary intention appears)
extra information
legalese
whereto
usagenever use
tryto which / recasting
extra information
archaism
further reading
wheretofor
usagenever use
tryrecasting
extra information
archaism

October 2006
W10
whereunder
usagenever use
tryrecasting
extra information
archaism
further reading
whereupon
usagenever use
tryat / after which / and then / recasting
extra information
archaism
further reading
wherewith
usagenever use
trywith which / recasting
extra information
archaism
further reading
wherewithal
usagenever use
trythe means (esp. financial) / the resources (esp. financial) / recasting
extra information
1 formal word
2 possibly archaism
further reading

October 2006
W11
whether / whether or not

tryif / 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 alsoas to whether/who/what/how/etc; issue as to whether/of whether;
regardless whether
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 Xs 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
Brysons Troublesome Words p 214 (whether or not)
Cambridge Style Guide p 806 (whether)
Garners Dictionary pp 414 (if (A)), 930 (whether)
Garners Legal Style p 144 (whether (or not))
Howards Guide p 408 (whether or if)
Howards 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)

October 2006
W12
which

trythat / 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 clausethe 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
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 alsoand (and which/or which); during which; for which (there is); in which;
on which; to which this [provision] applies
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
October 2006
W13
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
Dick pp 1323
Cwlth OPC Plain English p 19 (of which)
Fowlers English Usage pp 7745 (which/that), 8445
Garners Dictionary pp 7657 (restrictive and nonrestrictive clauses), 930-1
Partridge pp 3767
Right Words pp 3957

October 2006
W14
whichever

extra information
Whichever should be used sparingly as an intensifier, and generally only when it is
see alsohowever; whatever; whenever; wherever; whoever/whomever
further reading
whichever first occurs / occurs first
usagenever use
tryomitting / recasting (using earlier) / whichever happens first
extra information
1 formal phrase
2 legalese
whichever happens first

tryomitting / 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.

October 2006
W15
whichsoever
usagenever use
tryomitting / recasting / whichever
extra information
archaism
while

tryalthough / 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 alsowhile at the same time
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
Partridge p 378
Working Words p 559
while at the same time

trywhile
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

October 2006
W16
whilst
usagenever use
trywhile / 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
Cutts pp 30, 31, 37
Fowlers English Usage 845 (while)
Partridge p 26 (among and amongst; amid, amidst; while, whilst)
Right Words p 426
Working Words p 559
whither
usagenever use
tryto where / to which place / where / in which direction
extra information
archaism
further reading
Right Words p 426 (whence)

October 2006
W17
who

trythat / 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 alsoand (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 80910 (whom)
Fowlers English Usage pp 773 (who or that), 8479 (who and whom)
Garners Legal Style pp 145 (who; whom), 202 (to avoid sexist language)
Gowers Plain English pp 122, 18990 (who or that) 1245 (who or whom)
Partridge pp 3789
Right Words pp 395 (who or that), 4278 (who/whom)
Working Words pp 559 (who/that), 55960 (who/whom)

October 2006
W18
whoever / whomever

extra information
1 Whoever should be used sparingly as an intensifier, and generally only when it is
2 Whomever sounds very stilted. If possible, avoid using whomever.
see alsohowever; whatever; whenever; wherever; whichever
further reading
Right Words p 427 (whoever/who ever)
who has

trywith / no change
example of change
The person who has with the strongest claim will succeed.
whole of

tryentire / 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 insurers CTP business is transferred
3 a road with street lighting along the whole of the road
wholly

trycompletely / 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)
October 2006
W19
whom

trythat / who / omitting / recasting
extra information
see alsowho
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
usagenever use
trywho / that
extra information
see alsowho
whose

tryrecasting / 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 8089 (who and whose)
Partridge p 379
Right Words pp 3967 (that/which/who/whose)

October 2006
W20
whosoever / whomsoever
usagenever use
trywhoever / whomever / omitting
extra information
archaism
further reading
Fowlers English Usage p 849 (whoever)
phrases), 934
wife

tryspouse / partner / domestic partner / no change
extra information
1 Discrimination on the ground of marital status is unlawful under the
Discrimination Act 1991.
3 See LA, s 169 (References to domestic partner and domestic partnership).
will
[as a verb]

trymay / 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 contractto express the obligations of
the party supplying the contract; or
in a contract or arrangement involving delicate relations
between the partiesto express both parties
obligations; or
in an instrumentto 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 alsolast will and testament
October 2006
W21
will
[as a verb] [continued]
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 6878 (shall or will)
Fowlers English Usage pp 7067 (shall and will)
Garners Dictionary pp 9412 (words of authority)
Garners Legal Style p 139 (shall; will)
Gowers Plain English pp 1412 (shall and will)
will and testament

seelast will and testament
will / would you be good enough to advise me
usagenever use
tryplease tell me / please let me know
extra information
officialese
further reading

October 2006
W22
wise

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
Garners Legal Dictionary p 936
Right Words p 424 (the way of the wise)
Working Words p 553
wit
seeto wit
with
seeby and with; compare to/with; differ with
withal
usagenever use
tryin addition / also / as well / nevertheless / with / omitting / recasting
extra information
archaism
further reading
Fowlers English Usage pp 833 (Wardour Street), 852

October 2006
W23
with a view to

tryto / for / recasting
extra information
officialese
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]
usagenever use
tryomitting / enclosed / recasting
extra information
archaism
examples of change
1 the within property
2 the enclosed document within
further reading
without doubt

extra information
1 dogmatic phrase
2 Prefer omitting if appropriate.
further reading
Garners Dictionary pp 161 (clearly), 632 (overstatement), 926 (weasel words)

October 2006
W24
without limiting the generality of
usagenever use
trywithout 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
usagenever use
trywithout limiting / including, for example / in particular / including / for
example / without limiting the scope of
extra information
1 formal phrase
2 legalese
further reading
Garners Dictionary p 581 (without prejudice)
Law Words 1995 pp 958 (without prejudice as used in negotiations)
with reference to

tryfor / about / concerning / recasting (using, eg I refer to)
extra information
further reading
Cutts p 30

October 2006
W25
with regard to

tryabout / concerning / to / in / for / recasting
extra information
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
Garners Dictionary p 747 (regard (A))
with respect to

tryabout / for which / for / concerning / in relation to / no change
extra information
1 connecting phrase
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
Garners Dictionary p 764 (respect)
Garners Legal Style p 137 (respect)
with the exception of
usagenever use
tryother than / except / excluding
extra information
verbosity
further reading

October 2006
W26
with the object of

tryto
extra information
verbosity
example of change
with the object of preventing to prevent accidents in the workplace
further reading
with the result that

tryso that
extra information
verbosity
further reading
workman / working man
usagenever use
tryworker / employee / working person
extra information
further reading
Cwlth Style Manual pp 58 (Sex-neutral references to individuals), 59 (Occupational titles)
Fowlers English Usage pp 7056 (sexist language)
Garners Dictionary pp 789803 (sexism), 943

October 2006
W27
workmanlike
usagenever use
tryskilful / well made / businesslike / recasting
extra information
see alsoman
worthwhile

tryuseful / valuable / promising / worth / recasting / no change (using more
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
Right Words pp 4301
Working Words p 565
would

tryshould / 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
Garners Dictionary pp 9434, 944 (would seem)

October 2006
W28
would argue / contend / submit

trycontend / claim
extra information
timid phrase
further reading
writer
seethe present writer; this writer
writing
seein writing; instrument in writing; notice in writing; reduce to writing
writing signed

trysigned 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
usagenever use
tryin writing / written notice / notice / document / instrument / recasting
extra information
redundancy
further reading
Garners Dictionary p 456 (instrument)
Law Words 1995 p 42
Mellinkoffs Dictionary p 319 (instrument)

October 2006
W29
written notice
usageconsider if use is necessary

trynotice / no change
extra information
can be a redundancy
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.

October 2006
W30
Figures
0
seenought
1
seemore than 1; one
2
seetwo
12 am

try12 noon / midday / midnight / no change
extra information
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
Right Words p 272
[X] days

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

October 2006
Other1
Use of Figures
[X] months

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

October 2006
Other2

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How to use this Guide

Words and Phrases: A Guide to Plain Legal Language

Words and Phrases: A Guide to Plain Legal Language

How to use this guide

How entries are arranged

What each entry consists of

Words and Phrases: A Guide to Plain Legal Language

How to use this guide

Words and Phrases: A Guide to Plain Legal Language

How to use this guide

consider alternatives before using

usageconsider alternatives before using

Words and Phrases: A Guide to Plain Legal Language

How to use this guide

usageconsider alternatives before using

Words and Phrases: A Guide to Plain Legal Language

Some compound prepositions have simpler alternatives (either a simple preposition or

Doublets, triplets and synonym-strings

unfamiliar words could be given meaning by using them with 1 or more

hear and decide

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)

less than truthful

Foreign words and phrases

Words and Phrases: A Guide to Plain Legal Language

Words and Phrases: A Guide to Plain Legal Language

Asprey, Michle M (2003) Plain Language for

Blacks Law Dictionary

Garner, Bryan (ed.) (2004) Blacks Law

Blamires Common Errors

Blamires, Harry (1997) The Cassell Guide to

Blamires Plain English

Blamires, Harry (2000) The Penguin Guide to

Blamires Queens English

Blamires, Harry (1994) The Queens English

Brysons Mother Tongue

Bryson, Bill (1990) Mother Tongue: The

Brysons Troublesome Words Bryson, Bill (2002) Troublesome Words,

Nygh, Peter and Butt, Peter (gen eds) (1997)

Cambridge Style Guide

Peters, Pam (1995) The Cambridge Australian

Crystal, David (2000) Who Cares about

Cwlth OPC Plain English

Office of Parliamentary Counsel, Plain English

Cwlth Style Manual

Style Manual for authors, editors and printers

Words and Phrases: A Guide to Plain Legal Language

Dick, Robert C (1995) Legal Drafting in Plain

Dickerson, Reed (1965) The Fundamentals of

Drafting Practice Guide

Parliamentary Counsels Office, Drafting

Evans, Richard (1998) Lawful Expressions, Law

Fowlers English Usage

Burchfield, RW (ed) (2000) The New Fowlers

Funk, Wilfred (1950), Word Origins: An

Garner, Bryan A (1995) A Dictionary of

Garners Legal Style

Garner, Bryan A (1991) The Elements of Legal

Garner, Bryan A. (2003) The Redbook; a

Gowers Plain Words

Gowers, Ernest (1987) The Complete Plain

Howard, Godfrey (1993) The Good English