Victorian Current Acts Victorian Current Acts(1) In this section, person under disability means—
(a) a minor; or
(b) a person who is incapable by reason of injury, disease, senility, illness or 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 disability immediately before the 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 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 paid into the Supreme Court (in full compliance with the judgment or order of the 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 subsection (2) or (3) is to be held by the Senior 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 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 subsection (4) had been made.
Note to s. 39C(5) amended by No. 24/2008 s. 90(1).
Note
Rule 79.06 of Chapter I of the Rules of the Supreme Court provides the Senior Master with powers with respect to loss occasioned by delay.
S. 39C(6) amended by No. 13/2019 s. 221(Sch. 1 item 10.3).
(6) Nothing in this section affects the operation of section 39B of this Act or section 179 of the Guardianship and Administration Act 2019 .
Pt 2 Div. 3 (Heading and s. 39) substituted as Pt 2 Div. 3 (Heading and s. 40) by No. 16/1986 s. 11(4).
Division 3—Officers of the court
No. 6117 s. 40.
S. 40 substituted by No. 16/1986 s. 11(4), amended by Nos 110/1986 s. 140(2), 19/1989 s. 8(i)(i)(ii), 34/2010 s. 32.