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Non Award Funds FAQs

Q: What happens upon receipt of the funds?
A: Upon receipt of the funds, they are paid into Common Fund No. 1, and a file is created in the Office. This file is separate from any file maintained by the Court Registry. Upon payment of the usual fees, the Office file may be inspected, and its contents photocopied. Please ask a Legal Officer to arrange for the file to be made available in the Registry, on Level 2, 436 Lonsdale Street, Melbourne, for inspection. The Registry will collect the relevant fees.

A Certificate of Moneys Received is also issued upon receipt. Certificates are posted to all interested parties, notice of whom is given to the Office. For instance, this may include all parties to a proceeding or, in the instance of a mortgagee payment into Court, under the Transfer of Land Act1958, the mortgagor/s and any caveator/s.

Q: How can I apply for payment out of the funds?
A: If a proceeding in the Court has not already been commenced, any claimant to the funds must commence a proceeding by Originating Motion, usually in Form 5D. The usual fee will be payable. The matter will become returnable before a Master, at a date to be fixed by the Court Registry. The Master will determine whether, and to which interested parties, notice of the proceeding should be given.

If there is a proceeding in the Court, application for an Order for Payment Out may be made by summons in the proceeding, returnable before a Master. Also, upon and in accordance with the written direction of all parties to the proceeding, as prescribed by Rule 79.02(3), the Senior Master may pay out the funds without the need for an Order.

Q: How can I have an Order for Payment Out authenticated?
A: If the Court should Order the payment out of the whole, or part, of the funds, the Legal Section of the Office will assist the party obtaining the Order by preparing the same for authentication by the Master, pursuant to Rule 60.04. Please contact the Solicitor to the Senior Master to arrange for authentication of the Order. Consequently, there is no need to approach the Court Registry. Copies of the general form of such Orders may also be obtained from the Office.

Q: How do I have the funds paid out, and how soon?
A: If the Office is not already in possession of the Order (because the Order has not been made or, if made, not authenticated as above) to commence the payment out process, an Authenticated Order, or written direction of the parties pursuant to Rule 79.02(3), must be produced to the Office. This can be done by posting the Order or written direction, or by leaving the Order or direction at Reception, on Level 3, 436 Lonsdale Street, Melbourne.

As taxation may be payable, and as liquid funds may not be immediately available, payment out might not take place immediately upon production of the Order or direction. However, every effort is taken to ensure that the funds are paid out within, usually, five working days of production of the Order or direction, assuming that the Order has been authenticated, and the direction fully compliant with Rule 79.02(3).

Q: What happens to the funds if no application for them is made?
A: Pursuant to section 6(1) of the Unclaimed Moneys Act 1962, after the expiration of 15 years from the date on which the funds were paid into Court, or from the last "claim, application or other proceeding for or in respect of" the funds, they are paid to the Consolidated Fund of the State of Victoria. Section 8 of the Unclaimed Moneys Act 1962 permits application to be made to the Court in respect of such funds, after they are paid to the Consolidated Fund. The procedure for such an application is the same as that with respect to such funds before payment to the Consolidated Fund.