Victorian Consolidated Legislation

County Court Act 1958 - SECT 39C

Money held in court for person under disability

39C. Money held in court for person under disability



(1) In this section, person under disability means-

   (a)  a minor; or

   (b)  a person who is incapable by reason of injury, disease, senility,
        illness or 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 disability immediately before the 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 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 paid into the Supreme Court (in full compliance with the
judgment or order of the 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 subsection (2) or (3) is to be held
by the Senior 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
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 subsection
(4) had been made.

Note Rule 79.06 of Chapter I of the Rules of the Supreme Court 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 the Guardianship and Administration Act 1986.

Division 3-Officers of the court