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Insolvency Law Reform Act 2016
Div 85Directions by creditors
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Division 85—Directions by creditors
85‑1 Simplified outline of this Division
The trustee of a regulated debtor’s estate must have regard to directions given to the trustee by the creditors of the estate but is not obliged to comply with those directions.
85‑2 Division applies to the Official Trustee
This Division applies to the Official Trustee in the same way as it applies to the trustee of a regulated debtor’s estate.
85‑5 Trustee to have regard to directions given by creditors
(1) The creditors may, by resolution, give directions to the trustee of a regulated debtor’s estate in relation to the administration of the estate.
(2) The trustee must have regard to any directions mentioned in subsection (1), but the trustee is not required to comply with such directions.
(3) If the trustee does not comply with a direction, the trustee must make a written record of that fact, along with the trustee’s reasons for not complying with the direction.
(4) If there is a conflict between directions given by the creditors under subsection (1) and by the committee of inspection under section 80‑35, directions given by the creditors override any directions given by the committee.