Who is the Senior Master?
The Senior Master is an Associate Judge of the Supreme Court of Victoria.
The position of Senior Master of the Supreme Court was created in 1977. Master C. P. Jacobs became the first Senior Master. Master Jacobs was replaced by Senior Master, K. J. Mahony, on 15 April 1983. Associate Justice Mahony retired, on 7 September 2012, after 29 years as the Senior Master. He was replaced by Associate Justice John Efthim. Associate Justice John Efthim retired on 8 April 2022. He was replaced by Associate Justice Fiona Steffensen.
The powers of the Senior Master arise from the Supreme Court Act 1986 (Vic) and the Supreme Court (General Civil Procurers) Rules 2005. Section 113(1) of the Supreme Court Act provides that:
The Senior Master holds funds, investments, and assets to the value of approximately $2 billion. This is administered mainly for people with a legal disability.
People who have money administered by the Senior Master are known as “clients” of the Court.
Role and responsibilities of the Senior Master
Funds may be used by clients for any reasonable, constructive purpose which their funds in Court can afford to pay. Funds are always “subject to the direction of the Senior Master”, which means that only the Senior Master can make the Order of the Court that allows funds to be paid out.
The Senior Master considers the following for every request:
- How will the expenditure benefit the client?
- Can their funds in Court afford to pay for the request?
- Are there ongoing costs that need to be considered?
- How will the interests of the client be protected?
Parens Patriae
Associate Judges of the Supreme Court of Victoria exercise parens patriae. This is a doctrine that empowers the Sovereign (government or, in this case, the Court) to be the guardian of those who are unable to protect themselves or look after themselves legally. It has been part of the Supreme Court’s jurisdiction since its establishment.
Parens patriae is one of the most basic and important Common Law concepts relating to people under 18 and people with a cognitive disability.
The Senior Master exercises parens patriae in administering the funds in Court for people with a disability.