Ask for a payment out of Victorian funds held for a person under disability
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list the sum asked for, who holds it, the purpose, and whether the opened path is an approval order or Trustee Act section 69. The tool writes nothing that is filed or signed.
- What the lawyer must review
- Decide which fund holds the money and which payment path applies.
- Settle anything that is filed. The tool writes nothing that is filed.
- Do not state an interest rate. The page states who fixes it, not the figure.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: a payment from damages or trust money held in court
Produce. A sourced request list: the sum, the holder, the purpose, and the opened path.
Have ready. The sum asked for; Who holds the money; The purpose the lawyer states.
Example of the limit. Illustrative example: Money for a child was paid into court under an approval order. The list follows that order and does not use the Trustee Act path. The lawyer settles anything that is filed.
Stop and hand it back when
- The tool would file an application.
- The fund that holds the money has not been identified.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | In a firm-controlled tool, list the sum asked for, who holds it, the purpose, and whether the opened path is an approval order or Trustee Act section 69. The tool writes nothing that is filed or signed. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- If the money was paid under an approval order, follow that order. Do not use the Trustee Act path unless the lawyer confirms that fund holds the money.
- Trustee Act funds in Common Fund No. 2 are paid out, in part or in full, only by an order of the Supreme Court.
- Funds in Court asks for a detailed and comprehensive affidavit before a Trustee Act payment in is approved. The tool writes none of that affidavit.
- The page asks for a detailed account before a Trustee Act payment in is approved. The tool writes none of that account.
Sources
- Funds in Court: Trustee Act payments under section 69 · 2026-10-23
- Funds in Court: payment of funds into court · 2026-10-23
Funds in Court says award money is paid as the approval order directs, within the time the order limits. Separately, it says a trustee may pay trust moneys into court under Trustee Act 1958 section 69. Those funds are held in Common Fund No. 2. Interest is at the rate fixed by the Senior Master and the Chief Justice under Supreme Court Act 1986 section 113(15), as Funds in Court states that section. The rate figure was not on the page. Once paid in, the funds are held subject to the rules and orders of the Court, not under the terms of another settlement.
For a payment in under section 69, Funds in Court asks for a detailed and comprehensive affidavit before a payment in is approved. The affidavit sets out the background, accounts for the sum, and includes contact details, the date of birth if known, and relevant exhibits. The tool writes none of that affidavit. Money paid in under the Trustee Act may be paid out, in part or in full, only by an order of the Supreme Court. Funds in Court says that in some cases, such as a minor beneficiary of a deceased estate, the usual originating motion may be waived, and that the solicitor should contact the Solicitor to the Senior Master. Enquiries go to eft@fundsincourt.vic.gov.au or 1300 039 390. Use this path only when the lawyer confirms that fund holds the money.