Commonwealth Consolidated Regulations

INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 90.65

  (1)   The Inspector - General must complete, and make a decision on, the review:

  (a)   if the review was conducted on application--within 60 days after the day the Inspector - General accepts the application; or

  (b)   if the review was conducted on his or her own initiative--within 60 days after commencing the review.

  (2)   The Inspector - General may decide to:

  (a)   affirm the amount claimed by the trustee or the person who provided services in relation to the administration of the regulated debtor's estate (a third party ); or

  (b)   disallow all or part of the trustee's claim for remuneration and substitute another amount for the amount claimed; or

  (c)   disallow all or part of the third party's bill of costs and substitute another amount for the amount claimed.

  (3)   If the Inspector - General is satisfied that a withdrawal by the trustee of funds from the regulated debtor's estate for payment of the trustee's remuneration exceeds the amount of remuneration the trustee is entitled to under the Act, the Inspector - General may require the trustee to repay the excess to the estate.

  (4)   When the Inspector - General makes his or her decision, the Inspector - General must prepare a written statement that:

  (a)   sets out the decision of the Inspector - General; and

  (b)   sets out the reasons for the decision; and

  (c)   sets out the findings on any material questions of fact; and

  (d)   refers to evidence or other material on which the findings of fact are based; and

  (e)   sets out the effect, in relation to the Inspector - General's decision, of:

  (i)   if the decision is in relation to an application for review under section   65 - 20--section   65 - 25; and

  (ii)   in any other case--subsection   90 - 21(3) of the Insolvency Practice Schedule (Bankruptcy).

Note 1:   Subsection   90 - 21(3) of the Insolvency Practice Schedule (Bankruptcy) allows the trustee, the regulated debtor or a creditor of the regulated debtor to apply to the Court for an order in relation to the Inspector - General's decision in relation to the review.

Note 2:   Section   65 - 25 of these Rules allows the trustee or the third party to apply to the Court for an order in relation to the Inspector - General's decision in relation to the review.

  (5)   The Inspector - General must give each party to the review a copy of the statement within 10 business days after making the decision.