Document ID: chunk:federal_register_of_legislation:C2016A00011:schedule:2:p55
Version: federal_register_of_legislation:C2016A00011
Segment Type: schedule
Provision Reference: sch 2 (pt 55/59)
Character Range: 146828–149375

estate;
 (c) an order that another person be appointed as the trustee of the estate;
 (d) an order in relation to the costs of an action (including court action) taken by the trustee of the estate or another person in relation to the administration of the estate;
 (e) an order in relation to any loss that the estate has sustained because of a breach of duty by the trustee;
 (f) an order in relation to remuneration, including an order requiring a person to repay to the estate of a regulated debtor, or the creditors of a regulated debtor, remuneration paid to the person as trustee.

Matters that may be taken into account
 (4) Without limiting the matters which the Court may take into account when making orders, the Court may take into account:
 (a) whether the trustee has faithfully performed, or is faithfully performing, the trustee's duties; and
 (b) whether an action or failure to act by the trustee is in compliance with this Act and the Insolvency Practice Rules; and
 (c) whether an action or failure to act by the trustee is in compliance with an order of the Court; and
 (d) whether the regulated debtor's estate or any person has suffered, or is likely to suffer, loss or damage because of an action or failure to act by the trustee; and
 (e) the seriousness of the consequences of any action or failure to act by the trustee, including the effect of that action or failure to act on public confidence in registered trustees as a group.

Costs orders
 (5) Without limiting subsection (1), an order mentioned in paragraph (3)(d) in relation to the costs of an action may include an order that:
 (a) the trustee or another person is personally liable for some or all of those costs; and
 (b) the trustee or another person is not entitled to be reimbursed by the regulated debtor's estate or creditors in relation to some or all of those costs.

Orders to make good loss sustained because of a breach of duty
 (6) Without limiting subsection (1), an order mentioned in paragraph (3)(e) in relation to a loss may include an order that:
 (a) the trustee is personally liable to make good some or all of the loss; and
 (b) the trustee is not entitled to be reimbursed by the regulated debtor's estate or creditors in relation to the amount made good.

Section does not limit Court's powers
 (7) This section does not limit the Court's powers under any other provision of this Act, or under any other law.

90‑20  Application for Court order
 (1) Each of the following persons may apply for an order under section 90‑15:
 (a) a person