Div 45Court oversight of registered trustees

Division 45—Court oversight of registered trustees 45‑1  Court may make orders in relation to registered trustees  (1) The Court may make such orders as it thinks fit in relation to a registered trustee.  (b) on application under subsection (3).  (3) Each of the following persons may apply for an order under subsection (1):  (a) the registered trustee;  (b) the Inspector‑General.  (4) Without limiting the matters which the Court may take into account when making orders, the Court may take into account:  (a) whether the registered trustee has faithfully performed, or is faithfully performing, the registered trustee’s duties; and  (b) whether an action or failure to act by the registered trustee is in compliance with this Act and the Insolvency Practice Rules; and  (c) whether an action or failure to act by the registered trustee is in compliance with an order of the Court; and  (d) whether any person has suffered, or is likely to suffer, loss or damage because of an action or failure to act by the registered trustee; and  (e) the seriousness of the consequences of any action or failure to act by the registered trustee, including the effect of that action or failure to act on public confidence in registered trustees as a group. 45‑5  Court may make orders about costs  (1) Without limiting section 45‑1, the Court may make orders in relation to a registered trustee that deal with the costs of a matter considered by the Court.  (2) Those orders may include an order that:  (a) the registered trustee is personally liable for some or all of those costs; and  (b) the registered trustee is not entitled to be reimbursed by a regulated debtor’s estate or creditors in relation to some or all of those costs.