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Introduction
Pursuant to section 113(1) of the Supreme Court Act 1986 (‘the Act’), “all money paid into Court under an order of the Court or under any Act or the Rules is to be held by the Senior Master.”
Therefore, the Senior Master receives all moneys paid into Court, both ‘award’ (compensation) and ‘non‑award’. Payments into Court can be made by:
- electronic funds transfer; email eft@fundsincourt.vic.gov.au for the banking details
- cheque payable to ‘The Senior Master of the Supreme Court’; post this to Funds in Court (FIC).
Non-award funds are so called because, unlike the majority of funds in Court, the funds are not held for a particular individual who, but for disability, is presently entitled to the funds. Non‑award funds are paid into Common Fund No. 1.
Non-award funds may be paid into Court pursuant to an order of the Court or to an Act. Examples are shown in the table below. The Rules quoted are from the Supreme Court (General Civil Procedure) Rules 2025.
| Order of the Court | Act of Parliament | |
|---|---|---|
| Example | Court orders payment into Court, for example, to abide the outcome of proceeding | Section 69 of the Trustee Act 1958, section 77 of the Transfer of Land Act, etc. |
| Proceeding in the Court | Originating process (writ or originating motion) required | No proceeding in the Court required |
| Payment in | Upon production of the authenticated order, and during the period allowed by the order, or as extended pursuant to Rule 3.02 | At any time, upon tendering of the moneys, under covering affidavit (or letter, if permitted by the Senior Master) |
| Payment out | Upon further order of the Court; or by written agreement by all parties pursuant to Rule 79.02(3) | Upon order of the Court, in a proceeding commenced by originating motion in Form 5D |
| Interest | Unless security for costs1, payable upon further order of the Court, or by agreement pursuant to Rule 79.02(3) | Payable upon order of the Court |
| Taxation | Unless security for costs, payable by the Senior Master on interest received, pursuant to section 99A of the Income Tax Assessment Act 1936 (ITAA), until date of order or agreement | Payable by the Senior Master on interest received, pursuant to section 99A of the ITAA, until date of order |
1Section 128(2) of the Act provides that “all income derived from the investment of money” paid into Court as security for costs “must be paid into the Consolidated Fund”.
Questions about non-award funds
If you still have a question about non-award funds which have been paid into Court after reading the answers to the frequently asked questions below, you should direct your inquiry to Legal Services at FIC. You can find our contact details on our Contact us page.
Remember, this is only a summary of FIC’s procedures for payment out of non-award funds. Please contact FIC if you require further information.
Frequently asked questions about non-award funds
What are the requirements for paying moneys in pursuant to an Act?
The solicitor’s affidavit should:
- set out all relevant facts as to the source of the funds
- exhibit all relevant documents such as certificate of title, caveats or relevant correspondence
- list all interested parties and their contact details (which can be the details of their solicitors) for the purpose of forwarding a Certificate of Moneys Received.
What happens upon receipt of the funds?
Upon receipt of the funds, they are paid into Common Fund No. 1 and a file is created at FIC. This file is separate from any file maintained by the Court Registry.
A Certificate of Moneys Received is issued upon receipt via post. Certificates are posted to all interested parties, notice of whom is given to FIC. For instance, this may include all parties to a proceeding or, in the instance of a mortgagee payment into Court, under the Transfer of Land Act 1958, the mortgagor/s and any caveator/s.
How can I apply for payment out of the funds?
If a proceeding in the Court has not already been commenced, any claimant to the funds must commence a proceeding by originating motion, usually in Form 5D. The usual Court filing fee will be payable. The matter will become returnable before an associate judge, at a date to be fixed by the Court Registry. The associate judge will determine whether, and to which interested parties, notice of the proceeding should be given.
If a proceeding in the Court has commenced, application for an order for payment out may be made by summons in the proceeding, returnable before an associate judge. Also, upon and in accordance with the written direction of all parties to the proceeding, or their solicitors, as prescribed by Rule 79.02(3), the Senior Master may pay out the funds without the need for an order.
Please read Rule 79.02 carefully to ensure that you comply with all requirements of the Rule.
How do I have the funds paid out, and how soon will they be paid?
If FIC is not already in possession of the order (because the order has not been made or, if made, not authenticated) to commence the payment out process, an authenticated order, or written direction of the parties pursuant to all the requirements of Rule 79.02(3), must be produced to FIC. This can be done by posting the order or written direction to FIC’s postal address, leaving the order or direction at Reception or by emailing the order or direction to our requests inbox. See the ‘How to contact FIC’ section below for the relevant addresses.
As taxation may be payable, and as liquid funds may not be immediately available, payment out does not take place immediately upon production of the order or direction.
However, every effort is taken to ensure that the funds are paid out within, usually, five business days of production of the order or direction, assuming that the order has been authenticated, and the direction is fully compliant with Rule 79.02(3).
What happens to the funds if no application for them is made?
Pursuant to section 6(1) of the Unclaimed Moneys Act 1962, after the expiration of 15 years from the date on which the funds were paid into Court, or from the last “claim, application or other proceeding for or in respect of” the funds, they are paid to the Consolidated Fund of the State of Victoria.
Section 8 of the Unclaimed Moneys Act 1962 permits applications to be made to the Court in respect of such funds after they are paid to the Consolidated Fund. The procedure for such an application is the same as that with respect to such funds before payment to the Consolidated Fund.