Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 66

Matters before a Court

66. Matters before a Court



(1) If in any civil proceedings before a Court the Court considers that a
party may need to have a guardian or administrator or both appointed under
this Act, the Court may refer the issue to the Tribunal for its determination.

(2) If a Court refers an issue to the Tribunal under subsection (1)-

   (a)  the referral is to be treated as if it were an application to the
        Tribunal for the making of a guardianship order or an administration
        order (as the case requires); and

   (b)  the prothonotary (in the case of a referral by the Supreme Court) or
        the principal registrar of the Court (in any other case) is to be
        taken to be the applicant.

(3) If in any civil proceedings before a Court it is adjudged or ordered that
money be paid to a person with a disability (whether or not that person 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 the
        administrator (if any) of the estate of that person or State Trustees.





(4) If any money-

   (a)  is paid into court before or after the commencement of this section;
        and

   (b)  the money is being held in court on behalf of a person with a
        disability-

the Court may by order direct that the money be paid out to the administrator
(if any) of the estate of that person or State Trustees.

(5) Where the Court adjudges or orders that property (whether real or
personal) be delivered up or transferred to a person with a disability
(whether or not that person is a party to a cause or matter), the Court-

   (a)  may order that the property be delivered up or transferred to the
        administrator (if any) of the estate of that person or State Trustees;
        and



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







(6) If an order under subsection (5) is served on an administrator or State
Trustees, the administrator or 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.

(7) A copy of any order made under this section must be given by the
administrator or State Trustees (as the case may be) to the Tribunal and the
Public Advocate.





(8) An order of the Court under this section that money be paid out to an
administrator (if any) of the estate of a person or State Trustees has effect
as if it were an administration order.



(9) In this section Court means-

   (a)  the Supreme Court; or

   (b)  the County Court; or





   (c)  the Magistrates' Court.







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