Commonwealth Consolidated Regulations

INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 90.55

  (1)   The Inspector - General must conduct the review with as little formality and technicality, and with as much expedition, as permitted by the Act, the regulations, these Rules and a proper consideration of the matter.

  (2)   In conducting the review, the Inspector - General:

  (a)   is not bound by legal technicalities, legal forms or rules of evidence; and

  (b)   may inform himself or herself on any matter relevant to the review in such manner as he or she thinks appropriate.

  (3)   In conducting the review, the Inspector - General may do any of the following:

  (a)   conduct the review:

  (i)   with the parties present; or

  (ii)   on the papers; or

  (iii)   in part with the parties present and in part on the papers;

  (b)   adjourn or discontinue the review if the Inspector - General considers it necessary or appropriate to do so;

  (c)   engage an expert to assist in the review and arrange for payment to be made to the expert;

  (d)   direct the trustee to provide an itemised invoice in a form, and within the time, specified in the direction for work undertaken by the trustee;

  (e)   direct a third party to give an itemised bill of costs in a form, and within the time, specified in the direction in relation to work undertaken by the third party;

  (f)   interview any party to the review and allow the other party or their representative to question that party;

  (g)   direct a person to give a written statement, in a specified form and signed by the person, about a matter relevant to the review;

  (h)   direct the trustee to produce to the Inspector - General or to a party to the review, all or part of the trustee's files or documents in relation to the administration of the regulated debtor's estate;

  (i)   copy documents, or arrange for copies to be made and delivered to the Inspector - General or a party to the review;

  (j)   direct a party seeking inspection, production or copies of documents to comply with conditions (including conditions relating to payment) in relation to the inspection, production or copying;

  (k)   proceed with the review in the absence of a party if the Inspector - General considers it necessary or appropriate to do so;

  (l)   direct the trustee to take particular action for the administration of the estate, including refunding any remuneration not properly claimed or supported.

Note:   This section does not exclude the need for the Inspector - General to provide procedural fairness when conducting the review.