Document ID: chunk:federal_register_of_legislation:F2022C00672:body:0:p54
Version: federal_register_of_legislation:F2022C00672
Segment Type: other
Provision Reference: 
Character Range: 134259–137206

an application for review may be made.
 (5) The trustee may apply to the Administrative Appeals Tribunal for review of a decision by the Inspector‑General under subsection (2) to extend the period in which an application for review may be made.

90‑10  Application threshold
 (1) This section applies if an application for review of the remuneration received by the trustee of a regulated debtor's estate is made under paragraph 90‑21(2)(b) of the Insolvency Practice Schedule (Bankruptcy).
 (2) The Inspector‑General must refuse to accept the application:
 (a) unless the Inspector‑General is satisfied on reasonable grounds that one or more of the following apply:
 (i) the trustee's remuneration may have been fixed in a manner that is inconsistent with the requirements of the Act, the regulations or these Rules;
 (ii) the trustee may have acted improperly, or without due care and diligence, in the administration of the estate; or
 (b) if the Inspector‑General is satisfied on reasonable grounds that:
 (i) the applicant does not have an interest in the outcome of the review; or
 (ii) the applicant has not adequately particularised the issue giving rise to the review; or
 (iii) the application is frivolous or vexatious.
 (3) However, the Inspector‑General may accept an application if the Inspector‑General is satisfied that there are exceptional circumstances to justify the review.
 (4) The Inspector‑General may refuse to accept an application if the Inspector‑General is satisfied on reasonable grounds that:
 (a) it was appropriate in all the circumstances for the applicant to attempt to resolve the matter without seeking a review under this Subdivision; and
 (b) the applicant did not do so; and
 (c) the applicant did not provide a reasonable explanation for not doing so.
 (5) If the Inspector‑General refuses to accept the application, the Inspector‑General must give the applicant and the trustee written notice of the refusal.
 (6) The notice of refusal must be given to the applicant and the trustee within 10 business days after the day the Inspector‑General refuses the application and must include the reasons for the refusal.

Subdivision B—Conduct of reviews by Inspector‑General

90‑50  Preliminary
 (1) Unless otherwise stated, a provision of this Subdivision is made for the purposes of sections 65‑46 and 90‑22 of the Insolvency Practice Schedule (Bankruptcy).
 (2) If the Inspector‑General:
 (a) accepts an application for review under:
 (i) section 65‑20 of these Rules; or
 (ii) paragraph 90‑21(2)(b) of the Insolvency Practice Schedule (Bankruptcy); or
 (b) decides, under paragraph 90‑21(2)(a) of the Insolvency Practice Schedule (Bankruptcy) to carry out a review on his or her own initiative;
the Inspector‑General must conduct the review in accordance with this Subdivision.

90‑55  Conduct of review and powers
 (1) The Inspector‑General must conduct the review with as little formality and technicality,