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Award Funds FAQs

Q: Why are funds paid into Court?
A: Funds may be paid into Court for different reasons. For example; if a plaintiff recovering damages is unable to manage his or her affairs, or if funds are payable to a minor because an Act requires or permits such a payment; or perhaps the Court orders it for security for costs or for some other reason.

Q: How may funds be used?
A: Subject to direction by the Senior Master, funds may be used for any constructive purpose.

However, PRIOR TO the use of the funds, an Order of the Court will be required. Such Orders carry requirements, which must be satisfied. Those requirements may be complex where large amounts are involved, say, for the purchase of a house. They are less complex where a small amount is requested, say, for the purchase of Christmas presents.

In every case, the beneficiary is encouraged to discuss what these requirements may be with their Responsible Officer BEFORE committing any use of the Funds in Court.

Q: How do I apply to access the funds?
A: A beneficiary or their representatives can contact their Responsible Officer for advice and assistance with their requests for payments from their funds.

The important things to do are:
To discuss any request to be made of the funds BEFORE committing to their expenditure; and
To provide all information required honestly, openly, and in the manner indicated by the Responsible Officer.

By so doing, the Senior Master will be able to consider your request quickly and fairly.

Q: When will the funds be paid out?
A: When funds are held for a person due to minority, the Order usually provides that the funds be paid to the beneficiary when he or she attains the age of 18 years. About the time the beneficiary will turn 18, the Senior Master's Office will contact the beneficiary. Therefore, it is important that the Office is kept informed whenever a beneficiary changes his or her address.

When the funds are "until further Order", that is to say the funds are held for a person under a legal disability, in which case the funds are held until such time that the beneficiary is able to adequately prove they have the capacity to manage their own affairs. This means that the Senior Master will administer the funds indefinitely for such a beneficiary.

However, if the beneficiary has attained 18 years of age and considers that he or she is able to administer the funds for themselves, the beneficiary may apply for payment out of the funds, and any other investments, held by the Senior Master.

The ability of the beneficiary to administer the funds will need to be confirmed. Usually, an opinion of a suitably qualified expert is obtained. Such an expert is usually a Neuro-psychologist, or other person who has examined the beneficiary in the past, and is aware of his or her circumstances.

Should a beneficiary wish to apply for payment out of the funds, he or she should contact the Responsible Officer. The Officer will assist in making any necessary arrangements.

If arranged by the Responsible Officer, or otherwise approved by the Senior Master, the reasonable cost of doing so will be paid from the funds, regardless of any outcome.