Funds in Court (FIC) is an administrative division of the Supreme Court of Victoria.

The function of administering funds held in Court for people with a disability has been part of the Supreme Court since the 19th century. Over time, this work was recognised and respected, culminating in the establishment of Funds in Court as a distinct office of the Court.  

FIC protects, invests, and administers funds awarded to people who are unable to manage their own financial affairs due to a legal disability. This includes children under 18 and adults with cognitive or intellectual impairments.

FIC supports the Senior Master in managing approximately $2.4 billion in funds, investments, and assets for more than 7,200 clients.

FIC is supported by a team of legal, client services, and financial professionals.

The Master in Equity and early civil funds

In the 19th and early 20th centuries, this work was managed under the jurisdiction of the Master in Equity of the Supreme Court of Victoria. The Master in Equity was responsible for administering, investing, and paying out funds paid into court during litigation, known as “suitors’ funds.” Over time, this grew to focus on administering awards for people who had suffered serious personal injuries.

1977: Creation of the Senior Master role

The position of Senior Master of the Supreme Court was established in 1977.

  • Master C. P. Jacobs was the first Senior Master, holding the position from 1977 to 1983.
  • Senior Master K. J. Mahony replaced him on 15 April 1983 and served for 29 years, retiring in 2012. During his tenure, the title of “Master” was changed to “Associate Judge.” He and all subsequent holders of the position retained the dual title of Associate Judge who is the Senior Master.
  • Associate Justice John Efthim was appointed Senior Master in 2012 and retired in April 2022.
  • Associate Justice Fiona Steffensen was appointed Senior Master in April 2022. She is the fourth person to hold the position since 1977 and the first woman appointed to the role.

2012: The transition to “Funds in Court”

On 11 December 2012, with the approval of the Chief Justice, the office was renamed from the Senior Master’s (Funds in Court) Office to Funds in Court.

This followed changes introduced by the Courts Legislation (Funds in Court) Act 2004.This Act transferred responsibility for funds held on behalf of people with disability by the County Court, the Magistrates’ Court, and the Victims of Crime Assistance Tribunal (VOCAT) to the Senior Master. The new name reflected this expanded jurisdiction across all Victorian courts.

2012: Appointment of the first Judicial Registrar

The Judicial Registrar handles day-to-day applications for the use of funds. This allows the Senior Master to act as an independent reviewer of decisions. Clients whose applications are refused have access to an internal review at no cost.

  • Judicial Registrar Steve Wharton was the first Judicial Registrar for Funds in Court. He was appointed by the Governor in Council in 2012 and served until 2016.
  • Judicial Registrar Leonie Englefield replaced him in 2016 and held the position until 2021.
  • Judicial Registrar Kim Woronczak was appointed to the position in 2021.

Legal framework and the doctrine of parens patriae

The doctrine of parens patriae

The Senior Master and Judicial Registrar exercise the common law doctrine of parens patriae, meaning “parent of the nation.” This gives the Supreme Court authority to act as protector of those who are unable to manage their own affairs, ensuring their funds are held securely and used to achieve their goals.

Legislative authority

The power to hold, invest, and administer funds is set out in Victorian law:

  • Supreme Court Act 1986 (Vic) – Section 113(1): Requires that all money paid into court be paid to the Senior Master.
  • Supreme Court (General Civil Procedure) Rules: Sets out how funds are received and paid out. All investments are held in the name of “The Senior Master of the Supreme Court of Victoria.”

The Senior Master has also been entrusted with administering major public funds, including the 1983 Ash Wednesday Bushfire Relief Fund and the 2009 Victorian Bushfire Appeal Fund.

Embrace

Embrace is a celebratory event held every two years, hosted by the Supreme Court. It showcases the artistic talents and personal achievements of FIC clients.

Embrace reflects FIC’s commitment to supporting the full lives of its clients, beyond the administration of their funds.

2023: Language change — “beneficiary” to “client”

In November 2023, FIC formally changed its terminology, replacing “beneficiary” with “client” and “Trust Officer” with “Client Services Officer.” This is a deliberate modernisation of how the office relates to the people it serves.