Document ID: chunk:federal_register_of_legislation:C2025C00185:schedule:2:p65
Version: federal_register_of_legislation:C2025C00185
Segment Type: schedule
Provision Reference: sch 2 (pt 65/73)
Character Range: 6475753–6478442

of inspection (if any) so resolves—a creditor, on behalf of the committee;
 (d) ASIC.
 (3) Paragraph (2)(b) has effect despite section 198G.
Note: Section 198G deals with powers of officers etc. while a company is under external administration.
 (4) The Court may, for the purposes of such an inquiry, require a person who is or has at any time been the external administrator of the company to:
 (a) give information; or
 (b) provide a report; or
 (c) produce a document;
to the Court in relation to the external administration of the company.
 (5) If an application is made by a person referred to in paragraph (2)(c), the reasonable expenses associated with the application are to be taken to be expenses incurred by a person as a member of the committee unless otherwise ordered by the Court.
 (6) This section does not limit the Court's powers under any other provision of this Act, or under any other law.

90‑15  Court may make orders in relation to external administration

Court may make orders
 (1) The Court may make such orders as it thinks fit in relation to the external administration of a company.

Orders on own initiative or on application
 (2) The Court may exercise the power under subsection (1):
 (a) on its own initiative, during proceedings before the Court; or
 (b) on application under section 90‑20.

Examples of orders that may be made
 (3) Without limiting subsection (1), those orders may include any one or more of the following:
 (a) an order determining any question arising in the external administration of the company;
 (b) an order that a person cease to be the external administrator of the company;
 (c) an order that another registered liquidator be appointed as the external administrator of the company;
 (d) an order in relation to the costs of an action (including court action) taken by the external administrator of the company or another person in relation to the external administration of the company;
 (e) an order in relation to any loss that the company has sustained because of a breach of duty by the external administrator;
 (f) an order in relation to remuneration, including an order requiring a person to repay to a company, or the creditors of a company, remuneration paid to the person as external administrator of the company.

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 liquidator has faithfully performed, or is faithfully performing, the liquidator's duties; and
 (b) whether an action or failure to act by the liquidator is in compliance with this Act and the Insolvency Practice Rules;