Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p30
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 30/71)
Character Range: 297210–299990

(5) Subsection (1) does not apply to a remuneration determination made by the Court.

60‑12  Matters to which the Court must have regard
  In making a remuneration determination under paragraph 60‑10(1)(c) or (2)(b), or reviewing a remuneration determination under section 60‑11, the Court must have regard to whether the remuneration is reasonable, taking into account any or all of the following matters:
 (a) the extent to which the work by the external administrator was necessary and properly performed;
 (b) the extent to which the work likely to be performed by the external administrator is likely to be necessary and properly performed;
 (c) the period during which the work was, or is likely to be, performed by the external administrator;
 (d) the quality of the work performed, or likely to be performed, by the external administrator;
 (e) the complexity (or otherwise) of the work performed, or likely to be performed, by the external administrator;
 (f) the extent (if any) to which the external administrator was, or is likely to be, required to deal with extraordinary issues;
 (g) the extent (if any) to which the external administrator was, or is likely to be, required to accept a higher level of risk or responsibility than is usually the case;
 (h) the value and nature of any property dealt with, or likely to be dealt with, by the external administrator;
 (i) the number, attributes and conduct, or the likely number, attributes and conduct, of the creditors;
 (j) if the remuneration is worked out wholly or partly on a time‑cost basis—the time properly taken, or likely to be properly taken, by the external administrator in performing the work;
 (k) whether the external administrator was, or is likely to be, required to deal with one or more controllers, or one or more managing controllers;
 (l) if:
 (i) a review has been carried out under Subdivision C of Division 90 (review by another registered liquidator) into a matter that relates to the external administration; and
 (ii) the matter is, or includes, remuneration of the external administrator;
  the contents of the report on the review that relate to that matter;
 (m) any other relevant matters.

60‑15  Maximum default amount

Maximum default amount
 (1) The maximum default amount for an external administrator of a company is an amount (exclusive of GST) worked out as follows:
 (a) if the external administrator is appointed in relation to the external administration of the company during the financial year beginning on 1 July 2016—$5,000;
 (b) if the external administrator is appointed in relation to the external administration of the company during a financial year beginning on or after 1 July 2017—the greater of:
 (i) the amount worked out by multiplying the indexation factor