Commonwealth Numbered Acts

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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 425

Power of Court to fix remuneration of receiver
425. (1) The Court may, on application by the liquidator or the official
manager of a corporation, or by the Commission, by order fix the amount to be
paid by way of remuneration to any person who, under a power contained in an
instrument, has been appointed as receiver of property of the corporation.

(2) The power of the Court to make an order under this section:

   (a)  extends to fixing the remuneration for any period before the making of
        the order or the application for the order;

   (b)  is exercisable even if the receiver has died, or ceased to act, before
        the making of the order or the application for the order; and

   (c)  if the receiver has been paid or has retained for the receiver's
        remuneration for any period before the making of the order any amount
        in excess of that fixed for that period-extends to requiring the
        receiver or the receiver's personal representatives to account for the
        excess or such part of the excess as is specified in the order.

(3) The power conferred by paragraph (2) (c) shall not be exercised in respect
of any period before the making of the application for the order unless, in
the opinion of the Court, there are special circumstances making it proper for
the power to be so exercised.

(4) The Court may from time to time, on an application made by the liquidator,
the official manager, the receiver or the Commission, vary or amend an order
made under this section. 


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