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PARLIAMENT OF VICTORIA
Courts Legislation (Funds in Court) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT TO SUPREME COURT ACT 1986 3
3. Common funds 3
4. New sections 113A and 113B inserted 4
113A. Common Fund No. 3 4
113B. Senior Master to have certain powers of administrator 6
PART 3--AMENDMENT TO COUNTY COURT ACT 1958 8
5. New Division 2B inserted 8
Division 2B--Transfer and Payment of Money to the
Supreme Court for Person under Disability 8
39C. Money held in court for person under disability 8
PART 4--AMENDMENT TO MAGISTRATES' COURT
ACT 1989 10
6. New Division 1B inserted 10
Division 1B--Transfer and Payment of Money to the
Supreme Court for Person under Disability 10
101B. Money held in court for person under disability 10
PART 5--AMENDMENT TO VICTIMS OF CRIME
ASSISTANCE ACT 1996 12
7. New definition 12
8. Making of awards 12
9. New section 70A inserted 13
70A. Money held by Tribunal for person under disability 13
i
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Clause Page
PART 6--AMENDMENTS TO OTHER LEGISLATION 14
10. Amendment to Trustee Act 1958 14
11. Amendment to Transfer of Land Act 1958 14
Victorian Legislation Parliamentary Documents
PART 7--STATUTE LAW REVISION 15
12. Amendment to Supreme Court Act 1986 15
13. Amendment to County Court Act 1958 15
14. Amendment to Magistrates' Court Act 1989 15
ENDNOTES 16
ii
551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 21 April 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Supreme Court Act 1986, the County Court Act 1958,
the Magistrates' Court Act 1989, the Victims of Crime Assistance
Act 1996 and the Trustee Act 1958 with respect to the investment
and use of money held in court or by the Victims of Crime Assistance
Tribunal on behalf of persons under disability and for other purposes.
Courts Legislation (Funds in Court) Act
2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
1
551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004
Courts Legislation (Funds in Court) Act 2004
Act No.
Part 1--Preliminary
s. 2
(a) to amend certain provisions in the Supreme
Court Act 1986 relating to investment and
use of money held in common funds;
(b) to amend the County Court Act 1958 and
Victorian Legislation Parliamentary Documents
the Magistrates' Court Act 1989 to provide
5
that money held, or which but for this Act
would be held, in those courts on behalf of
any person under disability is transferred to
the Supreme Court to be dealt with by that
Court;
10
(c) to amend the Victims of Crime Assistance
Act 1996 to provide that money held, or
which but for this Act would be held, by the
Victims of Crime Assistance Tribunal on
trust for any person under disability is
15
transferred to the Supreme Court to be dealt
with by that Court;
(d) to make minor amendments to the Trustee
Act 1958 and the Transfer of Land Act
1958.
20
2. Commencement
This Act comes into operation on 1 July 2004.
__________________
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 2--Amendment to Supreme Court Act 1986
s. 3
See:
PART 2--AMENDMENT TO SUPREME COURT ACT 1986
Act No.
110/1986.
3. Common funds Reprint No. 4
as at
Victorian Legislation Parliamentary Documents
(1) In section 113(1) of the Supreme Court Act 1 June 2001
and
1986, after "1986" insert "and section 51A of amending
this Act".
5 Act Nos
44/2001,
(2) In section 113(2) of the Supreme Court Act 11/2002 and
71/2003.
1986, after "1958" insert "and Common Fund LawToday:
No. 3 established by section 113A of this Act". www.dms.
dpc.vic.
gov.au
(3) In section 113(4) of the Supreme Court Act
1986, after "Fund" insert "(except Common Fund
10
No. 3)".
(4) In section 113(5) of the Supreme Court Act
1986, after "Fund" insert "(except Common Fund
No. 3)".
(5) In section 113(12) of the Supreme Court Act
15
1986, for "Unless" substitute "Subject to section
113A and unless".
(6) In section 113(13) of the Supreme Court Act
1986, after "a Common Fund" insert "(except
Common Fund No. 3)".
20
(7) In section 113(14) of the Supreme Court Act
1986, after "a Common Fund" insert "(except
Common Fund No. 3)".
(8) In section 113(15)(a) of the Supreme Court Act
1986, after "Common Fund" insert "(except
25
Common Fund No. 3)".
(9) In section 113(17) of the Supreme Court Act
1986, after "Fund" insert "(except Common Fund
No. 3)".
3
551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004
Courts Legislation (Funds in Court) Act 2004
Act No.
Part 2--Amendment to Supreme Court Act 1986
s. 4
(10) After section 113(18)(b) of the Supreme Court
Act 1986 insert--
"(ba) Payments of any costs, expenses and charges
incurred in respect of staff employed in
Victorian Legislation Parliamentary Documents
connection with the administration of a
5
Common Fund as in the opinion of the
Senior Master are properly chargeable
against the Common Funds Guarantee and
Reserve Account;
(bb) Payments of any costs, expenses and charges
10
incurred in respect of--
(i) legal advice obtained in relation to a
person, estate or trust; or
(ii) legal proceedings to which a person,
estate or trust is a party--
15
as in the opinion of the Senior Master are
properly chargeable against the Common
Funds Guarantee and Reserve Account and
not against a particular person, estate or trust
because of the general interest and
20
importance of the subject matter of the
advice or proceedings;".
(11) In section 113(23) of the Supreme Court Act
1986, after "a Common Fund" insert "(except
Common Fund No. 3)".
25
4. New sections 113A and 113B inserted
After section 113 of the Supreme Court Act
1986 insert--
'113A. Common Fund No. 3
(1) In this section, "prescribed financial
30
market" has the same meaning as in
section 9 of the Corporations Act.
(2) There is established a Common Fund to be
known as Common Fund No. 3.
4
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 2--Amendment to Supreme Court Act 1986
s. 4
(3) On the commencement of section 4 of the
Courts Legislation (Funds in Court) Act
2004--
(a) the interest of any person, estate or trust
Victorian Legislation Parliamentary Documents
in a security listed on a prescribed
5
financial market and held by the Senior
Master on separate account under
section 113(6) immediately before that
commencement is cancelled;
(b) all securities of a kind referred to in
10
paragraph (a) are transferred to
Common Fund No. 3;
(c) in consideration of, and as
compensation for, the cancellation of
any interest of a person, estate or trust
15
in a security by force of paragraph (a),
that person, estate or trust is given all
the rights of a person, estate or trust
with money invested in Common Fund
No. 3 as set out in section 113.
20
(4) No duty or other tax is chargeable under any
Act in respect of anything effected by or
done under this section or in respect of any
act or transaction connected with or
necessary to be done by reason of this
25
section, including a transaction entered into
or an instrument made, executed, lodged or
given, for the purpose of, or connected with
the transfer of securities made by this
section.
30
(5) Money held in Common Fund No. 3 may
only be invested in securities listed on a
prescribed financial market or in cash
securities, deposits or discount bills-of-
exchange or in another type of security
35
determined by the Senior Master.
5
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 2--Amendment to Supreme Court Act 1986
s. 4
(6) The monetary value at any time of a security
listed on a prescribed financial market and
held by the Senior Master in Common Fund
No. 3 is the value last published by that
Victorian Legislation Parliamentary Documents
market with respect to that security.
5
(7) Any capital profit or loss incurred on the
realisation of an asset in Common Fund
No. 3 must be credited or debited (as the
case requires) to that Fund and apportioned
between the accounts of each person, estate
10
or trust with money invested in the Fund at
that time proportionately to the extent of that
investment.
(8) Income arising from Common Fund No. 3
must be apportioned between the accounts of
15
each person, estate or trust with money
invested in the Fund at that time
proportionately to the extent of that
investment.
113B. Senior Master to have certain powers of
20
administrator
(1) If--
(a) an administrator has not been appointed
under the Guardianship and
Administration Act 1986 in respect of
25
the estate of a person under disability;
and
(b) the Senior Master holds money on
behalf of that person--
the Senior Master has, in respect of that
30
money, the powers referred to in section
58B(2) of that Act that he or she would have
if he or she had been named as administrator
in an administration order made under that
Act that specified the administrator as having
35
those powers.
6
551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004
Courts Legislation (Funds in Court) Act 2004
Act No.
Part 2--Amendment to Supreme Court Act 1986
s. 4
(2) The Senior Master ceases to have the powers
conferred by sub-section (1) if another
person is appointed under the Guardianship
and Administration Act 1986 as an
Victorian Legislation Parliamentary Documents
administrator of the estate of the person
5
under disability.
(3) The Senior Master may, by instrument,
delegate to any person employed in
connection with the administration of a
Common Fund any power of the Senior
10
Master conferred by sub-section (1).'.
__________________
7
551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004
Courts Legislation (Funds in Court) Act 2004
Act No.
Part 3--Amendment to County Court Act 1958
s. 5
See: PART 3--AMENDMENT TO COUNTY COURT ACT 1958
Act No.
6230.
5. New Division 2B inserted
Reprint No. 10
as at
Victorian Legislation Parliamentary Documents
After Division 2A of Part II of the County Court
27 September
2001
Act 1958 insert--
and
amending
Act Nos
'Division 2B--Transfer and Payment of Money
5 107/1986,
to the Supreme Court for Person under
4/2002,
11/2002 and
Disability
39/2003.
LawToday:
39C. Money held in court for person under
www.dms.
dpc.vic.
disability
gov.au
(1) In this section, "person under disability"
10
means--
(a) a minor; or
(b) a person who is incapable by reason of
injury, disease, senility, illness or
physical or mental infirmity of
15
managing his or her affairs in relation
to the proceeding.
(2) Unless the court orders otherwise, money
held in court on behalf of a person under
disability immediately before the
20
commencement of section 5 of the Courts
Legislation (Funds in Court) Act 2004
must be paid into the Supreme Court by
payment to the Senior Master of the Supreme
Court to be held in that Court on behalf of
25
the person under disability.
(3) Unless the court orders otherwise, in any
proceeding in the court in which it is
adjudged or ordered that money be paid for a
person under disability, that money must be
30
paid into the Supreme Court (in full
compliance with the judgment or order of the
court) by payment to the Senior Master of
8
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 3--Amendment to County Court Act 1958
s. 5
the Supreme Court to be held in that Court
on behalf of the person under disability.
(4) Money paid to the Senior Master under sub-
section (2) or (3) is to be held by the Senior
Victorian Legislation Parliamentary Documents
Master as if an order had been made in a
5
proceeding in the Supreme Court that the
money be paid into court to be held on behalf
of the person under disability and as if that
money had been paid into court in
accordance with that order.
10
(5) The Senior Master has the same powers with
respect to loss occasioned by delay as the
Senior Master would have if an order
referred to in sub-section (4) had been made.
15 Note: Rule 79.06 of the Supreme Court (General
Civil Procedure) Rules 1996 provides the
Senior Master with powers with respect to loss
occasioned by delay.
(6) Nothing in this section affects the operation
of section 39B of this Act or section 66 of
20
the Guardianship and Administration Act
1986.'.
__________________
9
551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004
Courts Legislation (Funds in Court) Act 2004
Act No.
Part 4--Amendment to Magistrates' Court Act 1989
s. 6
See: PART 4--AMENDMENT TO MAGISTRATES' COURT ACT
Act No.
1989
51/1989.
Reprint No. 9
as at
Victorian Legislation Parliamentary Documents
6. New Division 1B inserted
7 May 2003
and
After Division 1A of Part 5 of the Magistrates'
amending
Court Act 1989 insert--
5 Act Nos
27/2002,
28/2003,
'Division 1B--Transfer and Payment of Money
39/2003,
52/2003, to the Supreme Court for Person under
74/2003,
Disability
80/2003,
94/2003 and
108/2003.
101B. Money held in court for person under
LawToday:
disability
10 www.dms.
dpc.vic.
(1) In this section, "person under disability"
gov.au
means--
(a) a minor; or
(b) a person who is incapable by reason of
injury, disease, senility, illness or
15
physical or mental infirmity of
managing his or her affairs in relation
to the proceeding.
(2) Unless the Court orders otherwise, money
held in Court on behalf of a person under
20
disability immediately before the
commencement of section 6 of the Courts
Legislation (Funds in Court) Act 2004
must be paid into the Supreme Court by
payment to the Senior Master of the Supreme
25
Court to be held in that Court on behalf of
the person under disability.
(3) Unless the Court orders otherwise, in any
proceeding in the Court in which it is
adjudged or ordered that money be paid for a
30
person under disability, that money must be
paid into the Supreme Court (in full
compliance with the judgment or order of the
10
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 4--Amendment to Magistrates' Court Act 1989
s. 6
Court) by payment to the Senior Master of
the Supreme Court to be held in that Court
on behalf of the person under disability.
(4) Money paid to the Senior Master under sub-
Victorian Legislation Parliamentary Documents
section (2) or (3) is to be held by the Senior
5
Master as if an order had been made in a
proceeding in the Supreme Court that the
money be paid into court to be held on behalf
of the person under disability and as if that
money had been paid into court in
10
accordance with that order.
(5) The Senior Master has the same powers with
respect to loss occasioned by delay as the
Senior Master would have if an order
referred to in sub-section (4) had been made.
15
Note: Rule 79.06 of the Supreme Court (General
Civil Procedure) Rules 1996 provides the
Senior Master with powers with respect to loss
occasioned by delay.
(6) Nothing in this section affects the operation
20
of section 101A of this Act or section 66 of
the Guardianship and Administration Act
1986.'.
__________________
11
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 5--Amendment to Victims of Crime Assistance Act 1996
s. 7
See: PART 5--AMENDMENT TO VICTIMS OF CRIME
Act No.
ASSISTANCE ACT 1996
81/1996.
Reprint No. 3
as at
Victorian Legislation Parliamentary Documents
7. New definition
12 June 2003
and
In section 3(1) of the Victims of Crime
amending
Assistance Act 1996 insert--
5 Act No.
47/2003.
' "person under disability" means--
LawToday:
www.dms.
dpc.vic. (a) a minor; or
gov.au
(b) a person who is incapable by reason of
injury, disease, senility, illness or
physical or mental infirmity of
10
managing his or her affairs in relation
to the proceeding;'.
8. Making of awards
(1) In section 50(3)(b) of the Victims of Crime
Assistance Act 1996, after "another person"
15
insert "(other than a person under disability)".
(2) At the foot of section 50(3) of the Victims of
Crime Assistance Act 1996 insert--
"Note: In relation to a person under disability, see
20 section 70A.".
(3) At the foot of section 55(1) of the Victims of
Crime Assistance Act 1996 insert--
"Note: In relation to an award of assistance made for the
benefit of a person under disability, see
25 section 70A.".
12
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 5--Amendment to Victims of Crime Assistance Act 1996
s. 9
9. New section 70A inserted
After section 70 of the Victims of Crime
Assistance Act 1996 insert--
Victorian Legislation Parliamentary Documents
"70A. Money held by Tribunal for person under
disability
5
(1) Unless the Tribunal orders otherwise, money
held by the Tribunal on trust for a person
under disability immediately before the
commencement of section 9 of the Courts
Legislation (Funds in Court) Act 2004
10
must be paid into the Supreme Court by
payment to the Senior Master of the Supreme
Court to be held in that Court on behalf of
the person under disability.
(2) Unless the Tribunal orders otherwise, in any
15
proceeding in the Tribunal in which an
award of assistance is made for the benefit of
a person under disability, that award must be
made payable to the Senior Master of the
Supreme Court and paid to the Senior Master
20
and held in that Court on behalf of the person
under disability.
(3) Money paid to the Senior Master under sub-
section (1) or (2) is to be held by the Senior
Master as if an order had been made in a
25
proceeding in the Supreme Court that the
money be paid into court to be held on behalf
of the person under disability and as if that
money had been paid into court in
accordance with that order.
30
(4) Nothing in this section affects the operation
of section 70 of this Act or section 66 of the
Guardianship and Administration Act
1986.".
__________________
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 6--Amendments to Other Legislation
s. 10
PART 6--AMENDMENTS TO OTHER LEGISLATION
See: 10. Amendment to Trustee Act 1958
Act No.
Victorian Legislation Parliamentary Documents
6401.
After section 69(6) of the Trustee Act 1958
Reprint No. 11
insert--
as at
31 May 2002.
'(7) In this section, "Court" means the Supreme
5 LawToday:
www.dms.
Court.'.
dpc.vic.
gov.au
See: 11. Amendment to Transfer of Land Act 1958
Act No.
6399.
In section 77(3)(d) of the Transfer of Land Act
Reprint No. 14
1958, for "Court" substitute "Supreme Court".
as at
1 January
2003.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
14
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Courts Legislation (Funds in Court) Act 2004
Act No.
Part 7--Statute Law Revision
s. 12
PART 7--STATUTE LAW REVISION
12. Amendment to Supreme Court Act 1986
Victorian Legislation Parliamentary Documents
(1) In section 51A of the Supreme Court Act 1986,
for "Guardianship and Administration Board
Act 1986" (where twice occurring) substitute
5
"Guardianship and Administration Act 1986".
(2) In section 51A(5) of the Supreme Court Act
1986, for "Guardianship and Administration
Board established under" substitute "Tribunal
within the meaning of".
10
13. Amendment to County Court Act 1958
(1) In section 39B of the County Court Act 1958, for
"Guardianship and Administration Board Act
1986" (where twice occurring) substitute
"Guardianship and Administration Act 1986".
15
(2) In section 39B(5) of the County Court Act 1958,
for "Guardianship and Administration Board
established under" substitute "Tribunal within the
meaning of".
14. Amendment to Magistrates' Court Act 1989
20
(1) In section 101A of the Magistrates' Court Act
1989, for "Guardianship and Administration
Board Act 1986" (where twice occurring)
substitute "Guardianship and Administration
Act 1986".
25
(2) In section 101A(5) of the Magistrates' Court Act
1989, for "Guardianship and Administration
Board established under" substitute "Tribunal
within the meaning of".
15
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Courts Legislation (Funds in Court) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
16
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