---
title: "Compare who is to hold Victorian damages for a person under disability"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-3-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Compare who is to hold Victorian damages for a person under disability

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Victoria |
| Applies to | [Compare who is to hold damages recovered for a child or a person who cannot manage them](https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can.md) |

## Checking plan

**Verify against sources**

The lawyer decides who holds the money. Payment in follows the order. Trustee Act funds are a separate path.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Payment into court follows the authenticated order, within the time the order limits.
2. 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.
3. Do not treat Trustee Act section 69 money in Common Fund No. 2 as the same path as an approval-order payment.
4. Rule 15.08(6) refers to Forms 15A and 15B where appropriate. The tool does not complete them.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria: who holds damages for a child or a person who cannot manage them

**Deliverable**: A comparison of the approval-order payment path and the Trustee Act path.

**Inputs**

- The order, if any
- Whether the money is damages under an approval or trust money
- Any fee estimate the lawyer has

**Example**: 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 escalate when**

- The tool would pay the money to the solicitor because no order says otherwise.
- The tool would complete a form that is filed.

Checked 2026-10-23.

## Sources

- [Funds in Court: payment of funds into court](https://fundsincourt.vic.gov.au/for-legal-other-professionals/approvals-of-compromise-payment-of-funds-into-court/) (checked 2026-10-23)
- [Funds in Court: Trustee Act payments under section 69](https://fundsincourt.vic.gov.au/for-legal-other-professionals/trustee-act-general-payments-under-s-69/) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic) rule 15.08](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s15.08.html) (checked 2026-10-23)
- [Transport Accident Commission: claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*