90‑10 Application threshold90‑10 Application threshold

90‑10 Application threshold

(1) This section applies if an application for review of the remuneration received by the trustee of a regulated debtor’s estate is made under paragraph 90‑21(2)(b) of the Insolvency Practice Schedule (Bankruptcy). (2) The Inspector‑General must refuse to accept the application: (a) unless the Inspector‑General is satisfied on reasonable grounds that one or more of the following apply: (i) the trustee’s remuneration may have been fixed in a manner that is inconsistent with the requirements of the Act, the regulations or these Rules; (ii) the trustee may have acted improperly, or without due care and diligence, in the administration of the estate; or (b) if the Inspector‑General is satisfied on reasonable grounds that: (i) the applicant does not have an interest in the outcome of the review; or (ii) the applicant has not adequately particularised the issue giving rise to the review; or (iii) the application is frivolous or vexatious. (3) However, the Inspector‑General may accept an application if the Inspector‑General is satisfied that there are exceptional circumstances to justify the review. (4) The Inspector‑General may refuse to accept an application if the Inspector‑General is satisfied on reasonable grounds that: (a) it was appropriate in all the circumstances for the applicant to attempt to resolve the matter without seeking a review under this Subdivision; and (b) the applicant did not do so; and (c) the applicant did not provide a reasonable explanation for not doing so. (5) If the Inspector‑General refuses to accept the application, the Inspector‑General must give the applicant and the trustee written notice of the refusal. (6) The notice of refusal must be given to the applicant and the trustee within 10 business days after the day the Inspector‑General refuses the application and must include the reasons for the refusal.