Commonwealth Consolidated Regulations

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INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 80.10

Resignation, removal and vacancies

  (1)   This section is made for the purposes of subsection   80 - 30(2) of the Insolvency Practice Schedule (Bankruptcy).

  (2)   A member of a committee of inspection may resign by notice in writing signed by the member and delivered to the trustee of the regulated debtor's estate.

  (3)   The office of a member of a committee of inspection becomes vacant if the member:

  (a)   becomes an insolvent under administration; or

  (b)   is absent from 5 consecutive meetings of the committee without the leave of those members who together with himself or herself represent the creditors.

  (4)   A member of the committee of inspection may be removed by a resolution at a meeting of creditors of which 5 business days' notice has been given stating the object of the meeting.

  (5)   If:

  (a)   there is a vacancy in the membership of a committee of inspection; and

  (b)   there are at least 2 remaining members of the committee;

the remaining members may continue to act despite the vacancy and may appoint a person to fill the vacancy.

  (6)   If:

  (a)   there is a vacancy in the membership of a committee of inspection; and

  (b)   there are less than 2 remaining members of the committee;

one or more creditors may request the trustee to convene a meeting of creditors to fill the vacancy and the trustee must convene a meeting accordingly.



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