Funds in Court [FIC] can assist families or carers of clients who may be eligible for payment for past care.

Damages may be awarded as payment for the cost of voluntary care provided to a client by family or friends. This relates to medical, nursing or domestic services.

The carer may make an application to the Senior Master for payment of the cost of such assistance from a client’s funds in Court.

These payments are called ‘Griffiths v Kerkemeyer damages’, after the High Court case of Griffiths v Kerkemeyer (1977) 139 CLR 161. Payment of Griffiths v Kerkemeyer claims is discretionary—it is not an entitlement.

In Victoria, the recovery of Griffiths v Kerkemeyer damages is prohibited in work related and traffic accident cases.

When considering an application for past services, the Senior Master requires evidence as to the value of the services provided, using standard or market cost of services.

The Senior Master may also take into account other factors such as the:

  • adequacy of the award of damages
  • likely cost of future care and accommodation
  • effect of other capital payments on the funds.

In some cases, the Senior Master may wish to be advised of the proposed use of the Griffiths v Kerkemeyer payments.

However, it should be noted that there is no legal or equitable obligation on the client, or therefore on the Senior Master, to make such payments to the person or persons who voluntarily provided the service.