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Non Award Funds

Non-Award Funds paid into Common Fund No. 1 are so called because, unlike the majority of Funds in Court, the funds are not held for a particular individual who, but for disability, is presently entitled to the funds. If funds are paid into Court for a particular individual, say, by a Trustee under section 69 of the Trustee Act 1958 for a minor beneficiary, the funds are categorised as "Non-Award" but the funds are paid into Common Fund No. 2, as there is an ascertained person for whom the funds are held, who is presently entitled but for a disability.

Non-Award Funds may be paid into Court pursuant to an Order of the Court, or to an Act. An example of both is as follows:

	Order of the Court	Act of Parliament
Example/s:	Court orders payment into Court, e.g., to abide the outcome of proceeding.	Section 69 of the Trustee Act 1958; section 77 of the Transfer of Land Act, etc.
Proceeding in the Court:	Originating Process (Writ or Originating Motion) required.	No proceeding in the Court required.
Payment in:	Upon production of the authenticated order, and during the period allowed by the order, or as extended pursuant to Rule 3.02.	At any time, upon tendering of the moneys, under covering affidavit (or letter, if permitted by the Senior Master).
Payment out:	Upon further Order of the Court; or by written agreement by all parties pursuant to Rule 79.02(3).	Upon Order of the Court, in a proceeding commenced by Originating Motion in Form 5D.
Interest:	Unless security for costs s.128(2) of the Act provides that "All income derived from the investment of money..." paid into Court as security for costs "...must be paid into the Consolidated Fund", payable upon further Order of the Court; or by agreement pursuant to Rule 79.02(3).	Payable upon Order of the Court.
Taxation:	Unless security for costs, payable by the Senior Master on interest received, pursuant to s.99A of the ITAA 1936, until date of Order or agreement.	Payable by the Senior Master on interest received, pursuant to s.99A of the ITAA 1936, until date of Order.

Direct inquiries at first to the Solicitor to the Senior Master

After reading the answers to the Frequently Asked Questions set forth below, if you still have a question about Non-Award Funds which have been paid into Court, you should direct that inquiry to the Legal Section of the Senior Master's (Funds in Court) Office [the Office] on 9603-9390. The Solicitor to the Senior Master is the Manager of the Legal Section. Your inquiry may then be referred to a Legal Officer for response.