Queensland Consolidated Acts

AGENTS FINANCIAL ADMINISTRATION ACT 2014 - SECT 61

61 Deciding claims

(1) The receiver must—

(a) consider all claims against receivership property; and

(b) prepare a report stating the receiver’s opinion about whether each claim is allowable, and reasons for the receiver’s opinion (a
"draft claims report" ).

(2) Before deciding a claim, the receiver must give the following to the agent and each person who has claimed against the receivership property (the
"parties" )—

(a) a copy of the draft claims report;

(b) a written notice inviting the parties to give the receiver written comments about the draft claims report within 14 days after giving the notice.

(3) If the receiver receives comments from a party, the receiver must provide each other party with a copy of the comments and invite the parties to give the receiver any further comments within 14 days after giving the notice.

(4) The receiver must have regard to the following when deciding whether to allow claims—

(a) the parties’ comments given under subsection (3) ;

(b) information or a document given under section 52 .

(5) The receiver may refuse to allow a person’s claim against the receivership property if—

(a) the person was given notice under section 59 ; and

(b) particulars and grounds of the claim were not given within the time stated in the notice.

(6) The receiver must refuse to allow a person’s claim against the receivership property if the receiver is satisfied the person does not have a lawful claim against the property.

(7) The receiver must prepare a report (a
"final claims report" ) that includes—

(a) a copy of the draft claims report; and

(b) a copy of the parties’ comments given under subsection (3) ; and

(c) the receiver’s decision for each claim and reasons for the decision.