Commonwealth Numbered Regulations

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1996 No. 263 BANKRUPTCY REGULATIONS - REG 16.08

"Prescribed amount" - restriction on amount of fee payable
16.08. (1) For the purposes of calculating a fee payable under
paragraph 16.07 (3) (c), (d) or (e), the applicable "prescribed amount" is not
to exceed the total of:

   (a)  the amount of the debts of the estate or debtor; and

   (b)  the costs of administration of the estate.

(2) In subregulation (1):

"costs of administration" means the proper costs, charges and expenses of the
administration, other than:

   (a)  any realisation charge paid or payable by the Official Trustee under
        an Act; and

   (b)  any fees paid or payable to the Official Trustee under regulation
        16.07 or to the Official Receiver under Subdivision C of this
        Division;

"debts" means the total of:

   (a)  the taxed costs of the petitioning creditor; and

   (b)  proved debts of the estate or debtor, including interest accrued
        before the date of bankruptcy; and

   (c)  interest accrued on and after that date on those debts if they are
        interest bearing debts. 


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