SUPREME COURT (CORPORATIONS) RULES 20032003 No. 284- RULE 9.2 Remuneration of administrator (Corporations Act, s 449E (1))

Commonwealth Numbered Regulations

Remuneration of administrator (Corporations Act, s 449E (1))—form 16

(1): This rule applies to an application by the administrator of a company under administration, or of a deed of company arrangement, for an order under the Corporations Act, section 449E (1) fixing the administrator's remuneration.

(2): The administrator must not apply for the order until after the date of the meeting of creditors mentioned in the Corporations Act, section 449E (1) (a).
(3): At least 21 days before filing an originating or interlocutory process seeking the order, the administrator must serve a notice in accordance with form 16 of the administrator's intention to apply for the order, and a copy of any affidavit on which the administrator intends to rely, on the following:

(a): each creditor who was present, in person or by proxy at the meeting of creditors;
(b): each member of any committee of creditors;
(c): each member of the company whose shareholding represents at least 10% of the issued capital of the company.

(4): Within 21 days after the last service of the documents mentioned in subrule (3), any creditor or contributory may give to the administrator a notice of objection to the remuneration claimed, stating the grounds of objection.
(5): If the administrator does not receive a notice of objection within the period mentioned in subrule (4)—

(a): the administrator may file an affidavit, made after the end of that period, in support of the originating or interlocutory process seeking the order stating—

(i): the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and
(ii): that the administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and

(b): the administrator may endorse the originating or interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the administrator; and
(c): the application may be so dealt with.

(6): If the administrator receives a notice of objection within the period mentioned in subrule (4), the administrator must serve a copy of the originating or interlocutory process seeking the order on each creditor or contributory who has given a notice of objection.
(7): An affidavit in support of the originating or interlocutory process seeking the order must—

(a): state the nature of the work carried out by the administrator; and
(b): state the amount of remuneration claimed; and
(c): include a summary of the receipts taken and payments made by the administrator for the period for which remuneration is claimed; and
(d): state particulars of any objection of which the administrator has received notice; and
(e): if the administration is continuing—give details of any matters delaying the completion of the administration.

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