Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 80.15

Reasonable requests for information etc.

  (1)   This section is made for the purposes of section   80 - 40 of the Insolvency Practice Schedule (Bankruptcy).

Unreasonable requests

  (2)   It is not reasonable for the trustee of a regulated debtor's estate to comply with a request to give information, provide a report or produce a document to the committee of inspection if the trustee, acting in good faith, is of the opinion that:

  (a)   complying with the request would substantially prejudice the interests of one or more creditors or a third party and that prejudice outweighs the benefits of complying with the request; or

  (b)   the information, report or document would be privileged from production in legal proceedings on the ground of legal professional privilege; or

  (c)   disclosure of the information, report or document would found an action by a person for breach of confidence; or

  (d)   there is not sufficient available property to comply with the request; or

  (e)   the information, report or document has already been provided; or

  (f)   the request is vexatious.

  (3)   Without limiting paragraph   (2)(f), a request may be taken to be vexatious if it is made within 20 business days of a similar request being made by the committee of inspection.

Reasonable requests

  (4)   It is reasonable for the trustee of a regulated debtor's estate to comply with a request to give information, provide a report or produce a document to the committee of inspection if subsection   (2) does not apply to the request.

  (5)   Despite paragraph   (2)(d) or (e), it is also reasonable for the trustee of a regulated debtor's estate to comply with a request to give information, provide a report or produce a document to the committee of inspection debtor if:

  (a)   the committee agrees to bear the cost of complying with the request; and

  (b)   if required to do so by the trustee--security for the cost of complying with the request is given to the trustee before the request is complied with.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback