90‑55 Conduct of review and powers90‑55 Conduct of review and powers

90‑55 Conduct of review and powers

(1) The Inspector‑General must conduct the review with as little formality and technicality, and with as much expedition, as permitted by the Act, the regulations, these Rules and a proper consideration of the matter. (2) In conducting the review, the Inspector‑General: (a) is not bound by legal technicalities, legal forms or rules of evidence; and (b) may inform himself or herself on any matter relevant to the review in such manner as he or she thinks appropriate. (3) In conducting the review, the Inspector‑General may do any of the following: (a) conduct the review: (i) with the parties present; or (ii) on the papers; or (iii) in part with the parties present and in part on the papers; (b) adjourn or discontinue the review if the Inspector‑General considers it necessary or appropriate to do so; (c) engage an expert to assist in the review and arrange for payment to be made to the expert; (d) direct the trustee to provide an itemised invoice in a form, and within the time, specified in the direction for work undertaken by the trustee; (e) direct a third party to give an itemised bill of costs in a form, and within the time, specified in the direction in relation to work undertaken by the third party; (f) interview any party to the review and allow the other party or their representative to question that party; (g) direct a person to give a written statement, in a specified form and signed by the person, about a matter relevant to the review; (h) direct the trustee to produce to the Inspector‑General or to a party to the review, all or part of the trustee’s files or documents in relation to the administration of the regulated debtor’s estate; (i) copy documents, or arrange for copies to be made and delivered to the Inspector‑General or a party to the review; (j) direct a party seeking inspection, production or copies of documents to comply with conditions (including conditions relating to payment) in relation to the inspection, production or copying; (k) proceed with the review in the absence of a party if the Inspector‑General considers it necessary or appropriate to do so; (l) direct the trustee to take particular action for the administration of the estate, including refunding any remuneration not properly claimed or supported.

Note: This section does not exclude the need for the Inspector‑General to provide procedural fairness when conducting the review.