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COURTS LEGISLATION (FUNDS IN COURT) BILL 2004

                                                                 PARLIAMENT OF VICTORIA

                                                       Courts Legislation (Funds in Court) Act 2004
                                                                                  Act No.
Victorian Legislation Parliamentary Documents




                                                                       TABLE OF PROVISIONS
                                                Clause                                                                  Page

                                                PART 1--PRELIMINARY                                                        1
                                                  1.     Purposes                                                          1
                                                  2.     Commencement                                                      2

                                                PART 2--AMENDMENT TO SUPREME COURT ACT 1986                                3
                                                  3.     Common funds                                                      3
                                                  4.     New sections 113A and 113B inserted                               4
                                                         113A. Common Fund No. 3                                           4
                                                         113B. Senior Master to have certain powers of administrator       6

                                                PART 3--AMENDMENT TO COUNTY COURT ACT 1958                                 8
                                                  5.     New Division 2B inserted                                          8
                                                         Division 2B--Transfer and Payment of Money to the
                                                         Supreme Court for Person under Disability                         8
                                                         39C.     Money held in court for person under disability          8

                                                PART 4--AMENDMENT TO MAGISTRATES' COURT
                                                ACT 1989                                                                  10
                                                  6.     New Division 1B inserted                                         10
                                                         Division 1B--Transfer and Payment of Money to the
                                                         Supreme Court for Person under Disability                        10
                                                         101B. Money held in court for person under disability            10

                                                PART 5--AMENDMENT TO VICTIMS OF CRIME
                                                ASSISTANCE ACT 1996                                                       12
                                                  7.     New definition                                                   12
                                                  8.     Making of awards                                                 12
                                                  9.     New section 70A inserted                                         13
                                                         70A. Money held by Tribunal for person under disability          13




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                                                551113B.I1-23/4/2004                            BILL LA CIRCULATION 23/4/2004

 


 

Clause Page PART 6--AMENDMENTS TO OTHER LEGISLATION 14 10. Amendment to Trustee Act 1958 14 11. Amendment to Transfer of Land Act 1958 14 Victorian Legislation Parliamentary Documents PART 7--STATUTE LAW REVISION 15 12. Amendment to Supreme Court Act 1986 15 13. Amendment to County Court Act 1958 15 14. Amendment to Magistrates' Court Act 1989 15 ENDNOTES 16 ii 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 21 April 2004 Victorian Legislation Parliamentary Documents A BILL to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989, the Victims of Crime Assistance Act 1996 and the Trustee Act 1958 with respect to the investment and use of money held in court or by the Victims of Crime Assistance Tribunal on behalf of persons under disability and for other purposes. Courts Legislation (Funds in Court) Act 2004 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- 1 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 1--Preliminary s. 2 (a) to amend certain provisions in the Supreme Court Act 1986 relating to investment and use of money held in common funds; (b) to amend the County Court Act 1958 and Victorian Legislation Parliamentary Documents the Magistrates' Court Act 1989 to provide 5 that money held, or which but for this Act would be held, in those courts on behalf of any person under disability is transferred to the Supreme Court to be dealt with by that Court; 10 (c) to amend the Victims of Crime Assistance Act 1996 to provide that money held, or which but for this Act would be held, by the Victims of Crime Assistance Tribunal on trust for any person under disability is 15 transferred to the Supreme Court to be dealt with by that Court; (d) to make minor amendments to the Trustee Act 1958 and the Transfer of Land Act 1958. 20 2. Commencement This Act comes into operation on 1 July 2004. __________________ 2 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 2--Amendment to Supreme Court Act 1986 s. 3 See: PART 2--AMENDMENT TO SUPREME COURT ACT 1986 Act No. 110/1986. 3. Common funds Reprint No. 4 as at Victorian Legislation Parliamentary Documents (1) In section 113(1) of the Supreme Court Act 1 June 2001 and 1986, after "1986" insert "and section 51A of amending this Act". 5 Act Nos 44/2001, (2) In section 113(2) of the Supreme Court Act 11/2002 and 71/2003. 1986, after "1958" insert "and Common Fund LawToday: No. 3 established by section 113A of this Act". www.dms. dpc.vic. gov.au (3) In section 113(4) of the Supreme Court Act 1986, after "Fund" insert "(except Common Fund 10 No. 3)". (4) In section 113(5) of the Supreme Court Act 1986, after "Fund" insert "(except Common Fund No. 3)". (5) In section 113(12) of the Supreme Court Act 15 1986, for "Unless" substitute "Subject to section 113A and unless". (6) In section 113(13) of the Supreme Court Act 1986, after "a Common Fund" insert "(except Common Fund No. 3)". 20 (7) In section 113(14) of the Supreme Court Act 1986, after "a Common Fund" insert "(except Common Fund No. 3)". (8) In section 113(15)(a) of the Supreme Court Act 1986, after "Common Fund" insert "(except 25 Common Fund No. 3)". (9) In section 113(17) of the Supreme Court Act 1986, after "Fund" insert "(except Common Fund No. 3)". 3 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 2--Amendment to Supreme Court Act 1986 s. 4 (10) After section 113(18)(b) of the Supreme Court Act 1986 insert-- "(ba) Payments of any costs, expenses and charges incurred in respect of staff employed in Victorian Legislation Parliamentary Documents connection with the administration of a 5 Common Fund as in the opinion of the Senior Master are properly chargeable against the Common Funds Guarantee and Reserve Account; (bb) Payments of any costs, expenses and charges 10 incurred in respect of-- (i) legal advice obtained in relation to a person, estate or trust; or (ii) legal proceedings to which a person, estate or trust is a party-- 15 as in the opinion of the Senior Master are properly chargeable against the Common Funds Guarantee and Reserve Account and not against a particular person, estate or trust because of the general interest and 20 importance of the subject matter of the advice or proceedings;". (11) In section 113(23) of the Supreme Court Act 1986, after "a Common Fund" insert "(except Common Fund No. 3)". 25 4. New sections 113A and 113B inserted After section 113 of the Supreme Court Act 1986 insert-- '113A. Common Fund No. 3 (1) In this section, "prescribed financial 30 market" has the same meaning as in section 9 of the Corporations Act. (2) There is established a Common Fund to be known as Common Fund No. 3. 4 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 2--Amendment to Supreme Court Act 1986 s. 4 (3) On the commencement of section 4 of the Courts Legislation (Funds in Court) Act 2004-- (a) the interest of any person, estate or trust Victorian Legislation Parliamentary Documents in a security listed on a prescribed 5 financial market and held by the Senior Master on separate account under section 113(6) immediately before that commencement is cancelled; (b) all securities of a kind referred to in 10 paragraph (a) are transferred to Common Fund No. 3; (c) in consideration of, and as compensation for, the cancellation of any interest of a person, estate or trust 15 in a security by force of paragraph (a), that person, estate or trust is given all the rights of a person, estate or trust with money invested in Common Fund No. 3 as set out in section 113. 20 (4) No duty or other tax is chargeable under any Act in respect of anything effected by or done under this section or in respect of any act or transaction connected with or necessary to be done by reason of this 25 section, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of securities made by this section. 30 (5) Money held in Common Fund No. 3 may only be invested in securities listed on a prescribed financial market or in cash securities, deposits or discount bills-of- exchange or in another type of security 35 determined by the Senior Master. 5 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 2--Amendment to Supreme Court Act 1986 s. 4 (6) The monetary value at any time of a security listed on a prescribed financial market and held by the Senior Master in Common Fund No. 3 is the value last published by that Victorian Legislation Parliamentary Documents market with respect to that security. 5 (7) Any capital profit or loss incurred on the realisation of an asset in Common Fund No. 3 must be credited or debited (as the case requires) to that Fund and apportioned between the accounts of each person, estate 10 or trust with money invested in the Fund at that time proportionately to the extent of that investment. (8) Income arising from Common Fund No. 3 must be apportioned between the accounts of 15 each person, estate or trust with money invested in the Fund at that time proportionately to the extent of that investment. 113B. Senior Master to have certain powers of 20 administrator (1) If-- (a) an administrator has not been appointed under the Guardianship and Administration Act 1986 in respect of 25 the estate of a person under disability; and (b) the Senior Master holds money on behalf of that person-- the Senior Master has, in respect of that 30 money, the powers referred to in section 58B(2) of that Act that he or she would have if he or she had been named as administrator in an administration order made under that Act that specified the administrator as having 35 those powers. 6 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 2--Amendment to Supreme Court Act 1986 s. 4 (2) The Senior Master ceases to have the powers conferred by sub-section (1) if another person is appointed under the Guardianship and Administration Act 1986 as an Victorian Legislation Parliamentary Documents administrator of the estate of the person 5 under disability. (3) The Senior Master may, by instrument, delegate to any person employed in connection with the administration of a Common Fund any power of the Senior 10 Master conferred by sub-section (1).'. __________________ 7 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 3--Amendment to County Court Act 1958 s. 5 See: PART 3--AMENDMENT TO COUNTY COURT ACT 1958 Act No. 6230. 5. New Division 2B inserted Reprint No. 10 as at Victorian Legislation Parliamentary Documents After Division 2A of Part II of the County Court 27 September 2001 Act 1958 insert-- and amending Act Nos 'Division 2B--Transfer and Payment of Money 5 107/1986, to the Supreme Court for Person under 4/2002, 11/2002 and Disability 39/2003. LawToday: 39C. Money held in court for person under www.dms. dpc.vic. disability gov.au (1) In this section, "person under disability" 10 means-- (a) a minor; or (b) a person who is incapable by reason of injury, disease, senility, illness or physical or mental infirmity of 15 managing his or her affairs in relation to the proceeding. (2) Unless the court orders otherwise, money held in court on behalf of a person under disability immediately before the 20 commencement of section 5 of the Courts Legislation (Funds in Court) Act 2004 must be paid into the Supreme Court by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of 25 the person under disability. (3) Unless the court orders otherwise, in any proceeding in the court in which it is adjudged or ordered that money be paid for a person under disability, that money must be 30 paid into the Supreme Court (in full compliance with the judgment or order of the court) by payment to the Senior Master of 8 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 3--Amendment to County Court Act 1958 s. 5 the Supreme Court to be held in that Court on behalf of the person under disability. (4) Money paid to the Senior Master under sub- section (2) or (3) is to be held by the Senior Victorian Legislation Parliamentary Documents Master as if an order had been made in a 5 proceeding in the Supreme Court that the money be paid into court to be held on behalf of the person under disability and as if that money had been paid into court in accordance with that order. 10 (5) The Senior Master has the same powers with respect to loss occasioned by delay as the Senior Master would have if an order referred to in sub-section (4) had been made. 15 Note: Rule 79.06 of the Supreme Court (General Civil Procedure) Rules 1996 provides the Senior Master with powers with respect to loss occasioned by delay. (6) Nothing in this section affects the operation of section 39B of this Act or section 66 of 20 the Guardianship and Administration Act 1986.'. __________________ 9 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 4--Amendment to Magistrates' Court Act 1989 s. 6 See: PART 4--AMENDMENT TO MAGISTRATES' COURT ACT Act No. 1989 51/1989. Reprint No. 9 as at Victorian Legislation Parliamentary Documents 6. New Division 1B inserted 7 May 2003 and After Division 1A of Part 5 of the Magistrates' amending Court Act 1989 insert-- 5 Act Nos 27/2002, 28/2003, 'Division 1B--Transfer and Payment of Money 39/2003, 52/2003, to the Supreme Court for Person under 74/2003, Disability 80/2003, 94/2003 and 108/2003. 101B. Money held in court for person under LawToday: disability 10 www.dms. dpc.vic. (1) In this section, "person under disability" gov.au means-- (a) a minor; or (b) a person who is incapable by reason of injury, disease, senility, illness or 15 physical or mental infirmity of managing his or her affairs in relation to the proceeding. (2) Unless the Court orders otherwise, money held in Court on behalf of a person under 20 disability immediately before the commencement of section 6 of the Courts Legislation (Funds in Court) Act 2004 must be paid into the Supreme Court by payment to the Senior Master of the Supreme 25 Court to be held in that Court on behalf of the person under disability. (3) Unless the Court orders otherwise, in any proceeding in the Court in which it is adjudged or ordered that money be paid for a 30 person under disability, that money must be paid into the Supreme Court (in full compliance with the judgment or order of the 10 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 4--Amendment to Magistrates' Court Act 1989 s. 6 Court) by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the person under disability. (4) Money paid to the Senior Master under sub- Victorian Legislation Parliamentary Documents section (2) or (3) is to be held by the Senior 5 Master as if an order had been made in a proceeding in the Supreme Court that the money be paid into court to be held on behalf of the person under disability and as if that money had been paid into court in 10 accordance with that order. (5) The Senior Master has the same powers with respect to loss occasioned by delay as the Senior Master would have if an order referred to in sub-section (4) had been made. 15 Note: Rule 79.06 of the Supreme Court (General Civil Procedure) Rules 1996 provides the Senior Master with powers with respect to loss occasioned by delay. (6) Nothing in this section affects the operation 20 of section 101A of this Act or section 66 of the Guardianship and Administration Act 1986.'. __________________ 11 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 5--Amendment to Victims of Crime Assistance Act 1996 s. 7 See: PART 5--AMENDMENT TO VICTIMS OF CRIME Act No. ASSISTANCE ACT 1996 81/1996. Reprint No. 3 as at Victorian Legislation Parliamentary Documents 7. New definition 12 June 2003 and In section 3(1) of the Victims of Crime amending Assistance Act 1996 insert-- 5 Act No. 47/2003. ' "person under disability" means-- LawToday: www.dms. dpc.vic. (a) a minor; or gov.au (b) a person who is incapable by reason of injury, disease, senility, illness or physical or mental infirmity of 10 managing his or her affairs in relation to the proceeding;'. 8. Making of awards (1) In section 50(3)(b) of the Victims of Crime Assistance Act 1996, after "another person" 15 insert "(other than a person under disability)". (2) At the foot of section 50(3) of the Victims of Crime Assistance Act 1996 insert-- "Note: In relation to a person under disability, see 20 section 70A.". (3) At the foot of section 55(1) of the Victims of Crime Assistance Act 1996 insert-- "Note: In relation to an award of assistance made for the benefit of a person under disability, see 25 section 70A.". 12 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 5--Amendment to Victims of Crime Assistance Act 1996 s. 9 9. New section 70A inserted After section 70 of the Victims of Crime Assistance Act 1996 insert-- Victorian Legislation Parliamentary Documents "70A. Money held by Tribunal for person under disability 5 (1) Unless the Tribunal orders otherwise, money held by the Tribunal on trust for a person under disability immediately before the commencement of section 9 of the Courts Legislation (Funds in Court) Act 2004 10 must be paid into the Supreme Court by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the person under disability. (2) Unless the Tribunal orders otherwise, in any 15 proceeding in the Tribunal in which an award of assistance is made for the benefit of a person under disability, that award must be made payable to the Senior Master of the Supreme Court and paid to the Senior Master 20 and held in that Court on behalf of the person under disability. (3) Money paid to the Senior Master under sub- section (1) or (2) is to be held by the Senior Master as if an order had been made in a 25 proceeding in the Supreme Court that the money be paid into court to be held on behalf of the person under disability and as if that money had been paid into court in accordance with that order. 30 (4) Nothing in this section affects the operation of section 70 of this Act or section 66 of the Guardianship and Administration Act 1986.". __________________ 13 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 6--Amendments to Other Legislation s. 10 PART 6--AMENDMENTS TO OTHER LEGISLATION See: 10. Amendment to Trustee Act 1958 Act No. Victorian Legislation Parliamentary Documents 6401. After section 69(6) of the Trustee Act 1958 Reprint No. 11 insert-- as at 31 May 2002. '(7) In this section, "Court" means the Supreme 5 LawToday: www.dms. Court.'. dpc.vic. gov.au See: 11. Amendment to Transfer of Land Act 1958 Act No. 6399. In section 77(3)(d) of the Transfer of Land Act Reprint No. 14 1958, for "Court" substitute "Supreme Court". as at 1 January 2003. LawToday: www.dms. dpc.vic. gov.au __________________ 14 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Part 7--Statute Law Revision s. 12 PART 7--STATUTE LAW REVISION 12. Amendment to Supreme Court Act 1986 Victorian Legislation Parliamentary Documents (1) In section 51A of the Supreme Court Act 1986, for "Guardianship and Administration Board Act 1986" (where twice occurring) substitute 5 "Guardianship and Administration Act 1986". (2) In section 51A(5) of the Supreme Court Act 1986, for "Guardianship and Administration Board established under" substitute "Tribunal within the meaning of". 10 13. Amendment to County Court Act 1958 (1) In section 39B of the County Court Act 1958, for "Guardianship and Administration Board Act 1986" (where twice occurring) substitute "Guardianship and Administration Act 1986". 15 (2) In section 39B(5) of the County Court Act 1958, for "Guardianship and Administration Board established under" substitute "Tribunal within the meaning of". 14. Amendment to Magistrates' Court Act 1989 20 (1) In section 101A of the Magistrates' Court Act 1989, for "Guardianship and Administration Board Act 1986" (where twice occurring) substitute "Guardianship and Administration Act 1986". 25 (2) In section 101A(5) of the Magistrates' Court Act 1989, for "Guardianship and Administration Board established under" substitute "Tribunal within the meaning of". 15 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

Courts Legislation (Funds in Court) Act 2004 Act No. Endnotes ENDNOTES Victorian Legislation Parliamentary Documents By Authority. Government Printer for the State of Victoria. 16 551113B.I1-23/4/2004 BILL LA CIRCULATION 23/4/2004

 


 

 


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