Victorian Consolidated Legislation

County Court Act 1958 - SECT 39B

Court orders relating to administration of children's funds

39B. Court orders relating to administration of children's funds



(1) If in any civil proceedings before the court it is adjudged or ordered
that money be paid to a child (whether or not that child is a party to a cause
or matter) the money-

   (a)  is to be paid into court; and

   (b)  unless the court otherwise orders, is to be paid out to an
        administrator specified by the court.





(2) If any money, not being money to which subsection (3) applies-

   (a)  is paid into court-

   (i)  before the commencement of this section; or

   (ii) after the commencement of this section in accordance with a judgment
        or order entered or made before the commencement of this section; and

   (b)  the money is being held in court on behalf of a child-

the court may by order direct that the money be paid out to an administrator
specified in the order.

(3) If the court adjudges or orders that property (whether real or personal)
be delivered up or transferred to a child (whether or not that child is a
party to a cause or matter), the court-

   (a)  may order that the property be delivered up or transferred to an
        administrator specified in the order; and

   (b)  may give any directions for the service of the order on the
        administrator as it thinks fit.

(4) If an order under subsection (3) is served on State Trustees within the
meaning of the State Trustees (State Owned Company) Act 1994, State Trustees
must accept delivery or transfer of the property to which the order relates
and the acceptance of the property is a sufficient discharge to the person
delivering or transferring the property.

(5) A copy of any order made under this section must be given by the
administrator to the Tribunal within the meaning of the
Guardianship and Administration Act 1986 and the Public Advocate appointed
under that Act.

(6) An order of the court under this section that money be paid out to an
administrator has effect as if it were an administration order under the
Guardianship and Administration Act 1986 and, subject to the order of the
court, the administrator has all the powers and duties of an administrator
referred to in Divisions 3 and 3A of Part 5 of that Act.

Division 2B-Transfer and payment of money to the Supreme Court for person
under disability