Section 113(1) of the Supreme Court Act 1986 (the Act) states “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’.

Non-award funds include dispute funds, and funds held as security for costs or the payment of an arbitrator.  

Non-award funds paid into Common Fund No. 1 are so called because the funds are not held for a particular person who, but for disability, is presently entitled to the funds.

If funds are paid into Court for a particular individual, say, by a Trustee under section 69 of the Trustee Act 1958 for a minor client, the funds are categorised as ‘non-award’. However, the funds are paid into Common Fund No. 2 because the funds are held for a particular person who, but for disability, is presently entitled to the funds.

Non-award funds may be paid into Court pursuant to an order of the Court or an Act.

Read our Non-Award Funds Information Sheet to find out more about non-award funds, and answers to frequently asked questions [PDF 149KB] [Word 192KB].