sch.1A-sec.9.2AReview of remuneration determination for external administrator ( Insolvency Practice Schedule (Corporations) , s 60-11 (1) )

### sch.1A-sec.9.2A Review of remuneration determination for external administrator ( Insolvency Practice Schedule (Corporations) , s 60-11 (1) ) This rule applies in relation to an application under the Insolvency Practice Schedule (Corporations) , section 60-11 (1) for a review of a remuneration determination for an external administrator of a company. The Insolvency Practice Schedule (Corporations) , section 60-11 does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under the Corporations Act , section 489EC . See the Insolvency Practice Schedule (Corporations) , section 60-2 . An application may not be made under the Insolvency Practice Schedule (Corporations) , section 60-11 (1) for a review of a remuneration determination made by the court under section 60-10 (1) (c) or (2) (b) of that schedule. See the Insolvency Practice Schedule (Corporations) , section 60-11 (5) . At least 21 days before filing the originating application, or the interlocutory application, applying for a review, the applicant must serve a notice, in form 16A, of intention to apply for the review and a copy of any affidavit on which the applicant intends to rely (other than an affidavit required under subrule (7) ) on the following persons— if there is a committee of inspection—each member of the committee; if the remuneration of the external administrator was determined by the creditors—each creditor who was present, in person or by proxy, at the meeting of creditors at which the remuneration was determined; each member of the company whose shareholding represents at least 10% of the issued capital of the company. Within 21 days after the last service of the documents mentioned in subrule (2) , any person on whom the notice has been served may serve on the applicant a notice— stating the person’s intention to appear at the hearing of the application for review; and setting out the issues the person seeks to raise before the court. A person mentioned in subrule (2) is entitled to be heard on the application for review, but only (unless the court otherwise orders) if the person has served on the applicant a notice under subrule (3) . If the applicant is served with a notice under subrule (3) , the applicant must serve a copy of the originating application, or interlocutory application, applying for the review on each person who has served a notice under subrule (3) . The external administrator must file an affidavit stating the following matters— the matters mentioned in the Insolvency Practice Schedule (Corporations) , section 60-12 ; the nature of the work performed or likely to be performed by the external administrator; the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; a summary of the receipts taken and payments made by the external administrator; particulars of any objection to the remuneration as determined, of which the external administrator has received notice; if the external administration is continuing—details of any matters delaying the completion of the external administration. The applicant must— file an affidavit stating whether any notices under subrule (3) have been served; and annex or exhibit to the affidavit a copy of any notice served under subrule (3) . sch 1A r 9.2A ins 2008 SL No. 303 s 2 sch sub 2018 SL No. 193 s 32 (sch.1A-sec.9.2A-ssec.1) This rule applies in relation to an application under the Insolvency Practice Schedule (Corporations) , section 60-11 (1) for a review of a remuneration determination for an external administrator of a company. The Insolvency Practice Schedule (Corporations) , section 60-11 does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under the Corporations Act , section 489EC . See the Insolvency Practice Schedule (Corporations) , section 60-2 . An application may not be made under the Insolvency Practice Schedule (Corporations) , section 60-11 (1) for a review of a remuneration determination made by the court under section 60-10 (1) (c) or (2) (b) of that schedule. See the Insolvency Practice Schedule (Corporations) , section 60-11 (5) . (sch.1A-sec.9.2A-ssec.2) At least 21 days before filing the originating application, or the interlocutory application, applying for a review, the applicant must serve a notice, in form 16A, of intention to apply for the review and a copy of any affidavit on which the applicant intends to rely (other than an affidavit required under subrule (7) ) on the following persons— if there is a committee of inspection—each member of the committee; if the remuneration of the external administrator was determined by the creditors—each creditor who was present, in person or by proxy, at the meeting of creditors at which the remuneration was determined; each member of the company whose shareholding represents at least 10% of the issued capital of the company. (sch.1A-sec.9.2A-ssec.3) Within 21 days after the last service of the documents mentioned in subrule (2) , any person on whom the notice has been served may serve on the applicant a notice— stating the person’s intention to appear at the hearing of the application for review; and setting out the issues the person seeks to raise before the court. (sch.1A-sec.9.2A-ssec.4) A person mentioned in subrule (2) is entitled to be heard on the application for review, but only (unless the court otherwise orders) if the person has served on the applicant a notice under subrule (3) . (sch.1A-sec.9.2A-ssec.5) If the applicant is served with a notice under subrule (3) , the applicant must serve a copy of the originating application, or interlocutory application, applying for the review on each person who has served a notice under subrule (3) . (sch.1A-sec.9.2A-ssec.6) The external administrator must file an affidavit stating the following matters— the matters mentioned in the Insolvency Practice Schedule (Corporations) , section 60-12 ; the nature of the work performed or likely to be performed by the external administrator; the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; a summary of the receipts taken and payments made by the external administrator; particulars of any objection to the remuneration as determined, of which the external administrator has received notice; if the external administration is continuing—details of any matters delaying the completion of the external administration. (sch.1A-sec.9.2A-ssec.7) The applicant must— file an affidavit stating whether any notices under subrule (3) have been served; and annex or exhibit to the affidavit a copy of any notice served under subrule (3) . - 1 The Insolvency Practice Schedule (Corporations) , section 60-11 does not apply in relation to the remuneration of a provisional liquidator or a liquidator appointed by ASIC under the Corporations Act , section 489EC . See the Insolvency Practice Schedule (Corporations) , section 60-2 . - 2 An application may not be made under the Insolvency Practice Schedule (Corporations) , section 60-11 (1) for a review of a remuneration determination made by the court under section 60-10 (1) (c) or (2) (b) of that schedule. See the Insolvency Practice Schedule (Corporations) , section 60-11 (5) . - (a) if there is a committee of inspection—each member of the committee; - (b) if the remuneration of the external administrator was determined by the creditors—each creditor who was present, in person or by proxy, at the meeting of creditors at which the remuneration was determined; - (c) each member of the company whose shareholding represents at least 10% of the issued capital of the company. - (a) stating the person’s intention to appear at the hearing of the application for review; and - (b) setting out the issues the person seeks to raise before the court. - (a) the matters mentioned in the Insolvency Practice Schedule (Corporations) , section 60-12 ; - (b) the nature of the work performed or likely to be performed by the external administrator; - (c) the amount of remuneration claimed by the external administrator if that amount is different from the amount of remuneration that has been determined; - (d) a summary of the receipts taken and payments made by the external administrator; - (e) particulars of any objection to the remuneration as determined, of which the external administrator has received notice; - (f) if the external administration is continuing—details of any matters delaying the completion of the external administration. - (a) file an affidavit stating whether any notices under subrule (3) have been served; and - (b) annex or exhibit to the affidavit a copy of any notice served under subrule (3) .