Victorian Civil and Administrative Tribunal Rules 2018
3This scale applies only to those administrators carrying on a business that includes administration of estates
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3 This scale applies only to those administrators carrying on a business that includes administration of estates
3.1 While this remuneration scale does not apply to State Trustees Limited or licensed trustee companies, it applies to any other administrator that, according to the Guardianship and Administration Act 2019, carries on a business of, or including, the administration of estates, such as an accountant or financial adviser.
The Tribunal may still allow remuneration to be paid to administrators that are not in the business of administration of estates, however this is a decision under section 175(1) of the Guardianship and Administration Act 2019 and would not fall within the scope of this remuneration scale.
3.2 There must be a reasonable connection between the administration of estates and the other business undertaken by the administrator (as opposed to running 2 separate "businesses" in parallel). This is likely to be satisfied for any professional services business, although it remains a relevant factor that the administration of estates should be part of the business of the administrator, not in substance a separate and distinct activity.