Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p70
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 70/71)
Character Range: 397780–400495

if the Court is satisfied that the removal of the former administrator was an improper use of the powers of one or more creditors.
 (7) The Court may make such other orders in relation to the application as it thinks fit including orders in relation to:
 (a) the costs of the application; and
 (b) the remuneration of the former administrator.

Part 4—Other matters

Division 95—Introduction

95‑1  Simplified outline of this Part

      This Part deals with a variety of matters:
             (a) an external administrator of a company may assign a right to sue; and
             (b) forms are approved by ASIC (provision is made for what may be required in the form or to accompany the form); and
             (c) the Minister has power to make rules to be called the Insolvency Practice Rules.

Division 100—Other matters

100‑5  External administrator may assign right to sue under this Act
 (1) Subject to subsections (2) and (3), an external administrator of a company may assign any right to sue that is conferred on the external administrator by this Act.
 (2) If the external administrator's action has already begun, the external administrator cannot assign the right to sue unless the external administrator has the approval of the Court.
 (3) Before assigning any right under subsection (1), the external administrator must give written notice to the creditors of the proposed assignment.
 (4) If a right is assigned under this section, a reference in this Act to the external administrator in relation to the action is taken to be a reference to the person to whom the right has been assigned.

100‑6  Approved forms
 (1) A document that this Schedule requires to be lodged with ASIC in an approved form must:
 (a) be in the form approved by ASIC for the document; and
 (b) include the information, statements, explanations or other matters required by the form; and
 (c) be accompanied by any other material required by the form.
 (2) A reference in this Schedule to a document that has been lodged (being a document to which subsection (1) applies), includes a reference to any other material lodged with the document as required by the relevant form.
 (3) If:
 (a) this Schedule requires a document to be lodged with ASIC in an approved form; and
 (b) a provision of this Schedule specifies information, statements, explanations or other matters that must be included in the document, or other material that must accompany the document;
that other provision is not taken to exclude or limit the operation of subsection (1) in relation to the approved form (and so the approved form may also require information etc. to be included in the form or material to accompany the form).
 (4) The Insolvency