Compare who is to hold Victorian damages for a person under disability
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, set out the holding path the opened pages describe for damages paid under an approval order, and keep a Trustee Act payment into court on a separate line. The tool writes nothing that is filed or signed.
- What the lawyer must review
- Decide who is to hold the money, and whether the order directs the payment.
- Keep an approval-order payment separate from a Trustee Act payment into court.
- Check any management-cost figure against the estimate the holder has given.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: who holds damages for a child or a person who cannot manage them
Produce. A comparison of the approval-order payment path and the Trustee Act path.
Have ready. The order, if any; Whether the money is damages under an approval or trust money; Any fee estimate the lawyer has.
Example of the limit. Illustrative example: An order approves a compromise for a child and requires payment into court. The note lists the electronic payment path and the Senior Master cheque payee, and leaves Trustee Act funds off that line. The lawyer decides how the money is paid.
Stop and hand it back when
- The tool would pay the money to the solicitor because no order says otherwise.
- The tool would complete a form that is filed.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Payment into court follows the authenticated order, within the time the order limits.
- Prefer the electronic path Funds in Court asks for. A cheque, if used, is payable to the Senior Master and goes with a copy of the order.
- Do not treat Trustee Act section 69 money in Common Fund No. 2 as the same path as an approval-order payment.
- Rule 15.08(6) refers to Forms 15A and 15B where appropriate. The tool does not complete them.
Sources
- Funds in Court: payment of funds into court · 2026-10-23
- Funds in Court: Trustee Act payments under section 69 · 2026-10-23
- Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.08 · 2026-10-23
- Transport Accident Commission: claims for common law damages · 2026-10-23
Funds in Court asks practitioners to pay into court electronically, by contacting eft@fundsincourt.vic.gov.au. A cheque, if used, is payable to 'The Senior Master of the Supreme Court of Victoria', with a copy of the authenticated order, which need not be an original. A cheque may not be banked for up to 5 working days. If the order does not fix the amount, the payment is accompanied by an accounting. The page refers practitioners to Order 79 of the 2025 rules for authentication and service. Order 79 was not opened. Payment is made within the time the order limits. Post is 210 William Street, Melbourne VIC 3000. Hand delivery is Level 5, 469 LaTrobe Street, Melbourne. Rule 15.08(6) says Forms 15A and 15B shall, where appropriate, be used. The County Court rule has the same forms reference.
Separately, Funds in Court says a trustee may pay trust moneys into court under Trustee Act 1958 section 69, and that those funds are held in Common Fund No. 2. Once paid in, they are held subject to the rules and orders of the Court, not subject to the terms of another settlement or trust instrument. The TAC common-law page says Senior Master's Office or administrative fees may be considered as part of a pecuniary loss settlement. The lawyer decides whether that fee is claimed.