Commonwealth Consolidated Regulations

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INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 75.255

Notice requirements for unreasonable directions

  (1)   This section is made for the purposes of section   75 - 15 of the Insolvency Practice Schedule (Bankruptcy) and applies if:

  (a)   a direction to convene a meeting of the creditors is given to the trustee of a regulated debtor's estate under Division   75 of the Insolvency Practice Schedule (Bankruptcy); and

  (b)   under the Act or these Rules, it is not reasonable for the trustee to comply with the direction.

  (2)   The trustee must:

  (a)   notify the person or body giving the direction that it is not reasonable for the trustee to comply with the direction, and of the reasons why it is not reasonable; and

  (b)   make a written record in the books required to be kept under section   70 - 10 of the Insolvency Practice Schedule (Bankruptcy) of the fact that the direction was not complied with, and of the reasons.



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