Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]



    (1)     Where an order is made that a party pay money into court for the benefit of a person under disability, and it appears to the Senior Master after due inquiry that loss has been occasioned to the person under disability—

        (a)     through undue delay by the party or the party's solicitor in making the payment;

        (b)     where the order was made on the approval of a compromise of a claim by the person under disability, through undue delay by the solicitor for or the litigation guardian of the person under disability in—

              (i)     obtaining the approval of the compromise;

              (ii)     procuring the authentication of the order; or

              (iii)     serving a copy of the order on the other party

the Senior Master may order that the person responsible for the loss pay into court for the benefit of the person under disability a sum by way of interest on the money received or to be received for investment.

    (2)     The sum ordered to be paid under paragraph (1) shall not exceed that derived by applying to the money for the period of the loss the last rate fixed under the Penalty Interest Rates Act 1983 .

    (3)     The Senior Master shall not make an order under paragraph (1) without giving the person who appears to be responsible for the loss an opportunity to be heard.

    (4)     Any person affected by an order made by the Senior Master under paragraph (1) may appeal to a Judge of the Court, and Rules 77.06 to 77.06.9 shall apply with any necessary modification.

    (5)     Where money is paid into court in accordance with an order of the Senior Master under paragraph (1), the Senior Master shall deal with the sum as if paid into court under the original order.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback