Remuneration of trustee.Remuneration of trustee.

### Remuneration of trustee. E.B.A., s. 82. N.S.W., ss. 82–5. Vic., ss. 77–82. Q., s. 92. S.A., s. 143. W.A., s. 69. E.B.A., 1890, s. 15 (1). 133.—(1.) Where the creditors appoint any person other than the official receiver to be trustee of a bankrupt’s estate, his remuneration (if any) shall from time to time be fixed by a resolution of the creditors, or if the creditors so resolve, by the committee of inspection, and shall be in the nature of a commission not exceeding Five pounds per centum on the amount realized by the trustee after the deduction of the expenses of realization, but the creditors may, by resolution, fix a higher commission on the collection of book debts: Provided, however, that in the case of two or more trustees acting in succession the commission shall be apportioned in such manner as the Registrar determines. (2.) Notwithstanding anything contained in the last preceding sub-section the remuneration of the trustee shall, if the creditors so resolve, be a sum of money fixed in accordance with the prescribed scale. (3.) If the creditors fail, within seven days of the appointment of a trustee under this section, to fix the remuneration of the trustee, the Court may fix the remuneration. (4.) If one-fourth in number or value of the creditors dissent from the resolution, or the bankrupt satisfies the Court that the remuneration is unnecessarily large, the Court shall fix the amount of the remuneration. (5.) Notwithstanding anything contained in this section, the Court may order that the remuneration of a trustee be increased, and may take into account in allowing the increase— (a) any special services rendered by the trustee; and (b) any special circumstances which in the opinion of the Court increased the difficulty of realizing the estate. (6.) The resolution shall express what expenses (if any) the remuneration is to cover, and no liability shall attach to the bankrupt’s estate, or to the creditors, in respect of any expenses which the remuneration is expressed to cover. (7.) Where a trustee acts without remuneration, he shall be allowed out of the bankrupt’s estate such proper expenses incurred by him in or about the proceedings of the bankruptcy as the creditors, with the sanction of the Registrar, approve. E.B.A., s. 83 (1). N.S.W., s. 85 (4)–(7). Vic., s. 84. S.A., s. 153. W.A., s. 70. (8.) Where a trustee or manager receives remuneration for his services as such, no payment shall be allowed in his accounts in respect of the performance by any other person of the ordinary duties which are required by this Act or by the rules to be performed by himself. E.B.A., s. 83 (2). Q., s. 135. Tas., s. 28. (9.) Where the trustee is a solicitor, he may contract that the remuneration for his services as trustee shall include all professional services. ###